GUILTY NC - Kathy Taft, 62, Raleigh, 6 March 2010 - #6

[borndem]

Uh... why is the judge questioning JW?

Glad you get it, sea-chiq! It's the "Harbison" rule that is driving this biznezz for the DT and the Judge.

 

[borndem]

If he's found guilty of rape then felony murder rule applies and he would be convicted of first degree murder under that statute:

Felony Murder Rule - States that any death which occurs during the commission or attempt to commit certain felonies, which include arson, rape or other sexual offenses, burglary, robbery or kidnapping, is first-degree murder and all participants in the felony can be held equally culpable, including those who did no harm, had no weapon, and did not intend to hurt anyone. Intent does not have to be proved for anything but the underlying felony. Even if, during the commission of the underlying felony, death occurs from fright -- a heart attack for instance, it is still first-degree murder.

Putting it more simply, JW is screwed.... pity, that, eh!?

 

[NCB]

That's the tricky thing about Jason. I lived right next to him (when he wasn't taking his medication and was drinking/doing drugs regularly,) saw him almost everyday and I never, ever suspected him. I was totally shocked when he was arrested him. In fact, the day he was arrested, I even asked one of the detectives if they were sure they had the right guy....

I can't even imagine, no1uknow. Thank you so much for sharing your insights. It must be terribly unsettling as you watch this trial unfold and you synch up the "new" JW with the one you knew. I wish I could give you a hug.

 

[Boodles]

I saw a video of the defendant today which was posted in April 2010 when this case made the news. It's on the wolf web site, not that I frequent there, but I googled something and it popped up.

It's of JW and 2 other guys. They're fooling around singing a seriously stupid song. He's playing guitar, smiling, laughing and acting crazy (ha-ha, not lunatic crazy). He looks completely harmless.

 

[borndem]

I don't see how this ends up with anything less than felony murder. He raped her and he killed her in conjunction with the commission of the rape. That's felony murder which is first degree murder.

Am I missing something? They admit it - what's the open question? I'm confused!

You're not missing a thing, Boodles -- by Jove, you've got it!

 

[Boodles]

Glad you get it, sea-chiq! It's the "Harbison" rule that is driving this biznezz for the DT and the Judge.

OMG, I am ROFL over this. I kept wondering "what's up with this 'harvesting hearing'?"

 

[borndem]

Well, I was watching full screen during the time JW was answering JG. I have to tell you, I was creeped out because (to me) he seemed pretty normal and quite lucid. It was kinda scary. JY and BC gave me the willies, and I took some comfort in thinking my weirdo-dar would have gone off if I had crossed paths with either of them. However, Iadidn't really get that feeling from JW. Am I slipping?

I think if you saw him in person, NCB, it would be different with regard to creepiness (just a guess, thank goodness), but I was gonna comment on his nice voice in answering the Judge, how attentive & respectful he seemed, and how it appeared that he actually did understand the legal-eagle part of it.

Oh, yes, I think it could have been different for this man, but it would have had to start in a serious way when he was pre-kindergarten, IMO, and for a long time. It's such a waste in so many ways and to so many people. And little KT paid the ultimate price. <shaking my head>

 

[borndem]

Even a broken clock is right twice a day, which means even JW can appear normal at times.

Also consider that

A. He's on lithium
B. He's not on any other recreational drugs
C. He's not drunk
D. He's been bathed and cleaned up and is dressed nicely.
E. He is lucid (except for when he affects that catatonic state when the jury is present)

And also, he's not doing much more than saying, "yes sir, no sir."

bbm

As I always say: Better living through chemistry!

 

[no1uknow]

Wow -- what a story!! Your poor but lucky student!

Do you know where your student lived at the time of the break-in? I would love to get a feel for JW's "territory." Just how far did he roam?

And your remarks on JW's probable preference for graphic novels makes good sense, no1 -- lotsa pictures, few words. Some of those pics in those books don't need words... Did his folks think they were delivering Archie comics or what??

My student lives off of Ridge Road, which is probably within 2 miles from here, I'd say.

 

[borndem]

No pressure, no pressure... It's all true, though.

I do feel good that I fessed up to you cuz I was worried a little "boredom" might slip out. Now you'll know it was just a brain fart. Can I say brain fart?

He!! yes!

 

[borndem]

You know what, I felt sad too. He seemed like a nice guy. So sad these people who spiral totally out of control just can't see what's coming for themselves down the road a bit.

I think, East, that by the time he was old enuff to see where he was going, he simply did not care.

Weigh a full-time job and regular income, pride from his parents, looking presentable (more clean-cut and clean clothes), getting up at 7:00am and going to bed at 11:00pm vs. half-day drinking & pot-smoking binges, playing bass & singing till 4:00am with your buds, sleeping around, creepy-crawling someone's res & making 900 calls & drinking their bourbon, online with salad on the side, sleeping till noon, etc. etc., that's a tuff call.

JMO

 

[borndem]

Yeah, kinda hard to defend that "just wanted to break in, stroll around, take nothing, and feel empowered" argument, right? Between the TV, the rock and the CAR in the driveway, I think you have to really suspend disbelief on that whole deal.

bbm

I still have that little nagging thing that makes me wonder, in light of what I bolded & what you said, NCB, did JW know KT's car & did he think that since JG's Porche & the "other" car (DH's) was gone at that hour, did he walk in with the intent to rape the sexy-looking woman he had seen there so many times? To me, that makes more sense than anything else. It just does, IMO.

 

[borndem]

OMG, I am ROFL over this. I kept wondering "what's up with this 'harvesting hearing'?"

Not bad, Boods, I like your word better! Let's hope that JW gets harvested in just a few more days!

Here's the nutshell of Harbison -- for full discussion, see link:

In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant&#8217;s guilt to the jury without the defendant&#8217;s consent per se ineffective assistance of counsel occurs. The Harbison Court reasoned that when counsel admits guilt without consent, it is essentially the same as entering a guilty plea on the defendant&#8217;s behalf without the defendant&#8217;s consent. It concluded: &#8220;ineffective assistance of counsel, per se in violation of the Sixth Amendment, has been established in every criminal case in which the defendant&#8217;s counsel admits the defendant&#8217;s guilt to the jury without the defendant&#8217;s consent.&#8221; Id. at 180.

from: http://sogweb.sog.unc.edu/blogs/ncclaw/?tag=harbison

 

[borndem]

My student lives off of Ridge Road, which is probably within 2 miles from here, I'd say.

I know exactly where that is, no1 -- my church is on RR, friends on RR, son's schools (once upon a time) on RR, my neighborhood for many years. OMG.

He did roam a bit, didn't he? Spooky and scary. Dayam. Yeah, I'd say about 2 miles. This will take a little while for me to shake it off...

Still not breathing normally....

<long breath & shaking head>

Thanks, my friend.

 

[Madeleine74]

the North Carolina Supreme Court held that when defense counsel admits the defendant&#8217;s guilt to the jury without the defendant&#8217;s consent per se ineffective assistance of counsel occurs.

Hence they have to get JW to swear in court he understands what his attorneys are doing and agrees with and gives permission and he hasn't been threatened or promised anything as a result. That will exclude JW's appellate attorneys from using the Harbison case ruling in the future, in trying to plead "ineffective counsel" as one of their strategies. Of course, appellate attorneys may come up with other reasons to plead "ineffectual counsel," but this one tactic won't be one of them.

 

[borndem]

WRAL's recap of today's trial:

Williford jurors to consider second-degree murder in Taft case


Closing arguments are expected Thursday morning in the first-degree murder trial of a man accused of raping and beating state school board member Kathy Taft in Raleigh as she slept two years ago.

 

[diphi]

Amen, Sistah! We can always work in banter... We'll make it fit, don't git in a snit!

I would really like to raise a glass (of Pepsi, speaking fer myself only) or two with whoever could, at the good ol' Glenwood Grill after this trial is over -- if we can find enuff of us to sit around a table. I don't wanna drink alone. It's an intimate little place, good food (not just burgers & vegetarians are welcome), quiet, casual (jeans, shorts or a suit), clean, great service, reasonable prices, and not hard to find. Just think about it, peeps...

Well, you can count me in on that one, for sure!

 

[sloothseeker]

Is it possible to commit suicide by overdosing on lithium? Not sure JW is going to make it in prison.

 

[Madeleine74]

Is it possible to commit suicide by overdosing on lithium? Not sure JW is going to make it in prison.

Hmmm, I suppose. I would think if he started hoarding his meds he'd be discovered fairly quickly. But a determined person can always find a way to end it all.

 

[borndem]

There were a couple times I saw BC looking at me in the courtroom and yes, it creeped me out. Eyes cold and dark, like a shark.

He knew you were part of "that butterfly bunch," I would think Maddie -- so you & your chums were definitely against him. No, he didn't like you. And I feel sure you shot him your best GTH look in return! And he's sittin' in an 8x5 right this very minute. And you're not, and neither are the other pretty butterflies.

Victory, even with some great sadness, is better than defeat.