OK OK - Molly Miller, 17, & Colt Haynes, 21, Wilson, 7 Jul 2013 - #2

[OkieGranny]

Restless with anticipation this morning. Court day! Am keeping my expectations low, so if anything good does happen, it'll be a happy surprise.

A number of supporters plan to be present at the courthouse along with family members, and they've been contacting local and state news outlets to make sure all are aware of today's events. Hopefully fresh news coverage will result from that, and pleasepleaseplease some new information! lease:

There's also been some discussion and some concern expressed on OFMM about the social ties between the DA's office and some of the parties involved in the case. They seem to be weighing options, how best to make sure the DA's office prosecutes these people as vigorously as they deserve.

I'll check back in as soon as there's anything to report. In the meantime, I'll have several browser windows open and will be obsessively clicking the refresh button on all of them, lol.

 

[OkieGranny]

Sabrina's case was continued until March 25.

A writ of habeas corpus was issued for Con this morning, to get him transported from Love County jail to the Carter County courthouse. Nothing further on him yet.

 

[OkieGranny]

All I'm picking up so far is Con goes back to court on February 27, but we already knew that. He's scheduled for a preliminary conference on his January 21 Eluding and Assault With a Dangerous Weapon charges.

So was the Motion to Accelerate for violating probation on his 2011 CDS charge not addressed at all today?

Still clicking the refresh button, watching and waiting...

 

[OkieGranny]

https://www.facebook.com/groups/438762539575189/permalink/516697598448349/?stream_ref=2

Well, Molly's cousin PMF says Con's preliminary hearing is scheduled for March 27.

So, hmm... I'm assuming this means that a preliminary conference for the January 21 charges will be held on February 27 as previously scheduled and a preliminary hearing on the January 3 charges (the ones he was in court for today) is now scheduled for March 27.

Dang it, I wish the court's data entry person would hurry up and get ODCR updated, because I'm feeling a little bit confused. I'd like to see how the records of today's activity will be worded; there might be some more enlightening info there.

 

[Hatfield]

https://www.facebook.com/groups/438762539575189/permalink/516697598448349/?stream_ref=2

Well, Molly's cousin PMF says Con's preliminary hearing is scheduled for March 27.

So, hmm... I'm assuming this means that a preliminary conference for the January 21 charges will be held on February 27 as previously scheduled and a preliminary hearing on the January 3 charges (the ones he was in court for today) is now scheduled for March 27.

Dang it, I wish the court's data entry person would hurry up and get ODCR updated, because I'm feeling a little bit confused. I'd like to see how the records of today's activity will be worded; there might be some more enlightening info there.

Thanks OkieGranny for keeping us udpated. With so many charges and court cases it gets confusing.

I agree about the concern people have with how vigorous they are going to prosecute some of the charges.

 

[OkieGranny]

Con finally has an attorney, a former Tulsa County public defender now in private practice. Why does he have an attorney based in Tulsa? It's 200 miles away. Did everyone else turn him down?

Still waiting for ODCR to be updated.

 

[OkieGranny]

I've been googling a little bit to get an idea of what to expect with these court dates. Found this describing the differences between a preliminary conference and a preliminary hearing:

http://www.oklahomacounty.org/departments/districtattorney/documents/CourtProcess.pdf

Preliminary Hearing Conference: This is the first court setting after arraignment. It is to make sure the defendant has obtained an attorney and for his/her attorney and the prosecutor to meet and discuss the case. If the defendant is going to request a preliminary hearing, they can set it at this time. There is no testimony at this setting and no witnesses will be subpoenaed.

Preliminary Hearing: (IT IS NOT UNCOMMON TO GET CONTINUED A FEW TIMES). This hearing is before a Special Judge (A “Special Judge” is a Judge who works for the District Judges. Special Judges only have authority over the case through the preliminary hearing). The District Attorney’s Office must prove to the Judge three things in order for the defendant to be bound over for trial: (1) A crime was committed, (2) Probable cause that the defendant is the one that committed the crime, and (3) the crime was committed in Oklahoma County. This hearing does not determine if the defendant is guilty or innocent or if he/she will go to jail. This hearing will usually last one day. Witnesses will be subpoenaed to testify at this hearing. If a family member is also a witness, the Judge will have to give permission for the family member to be in court after their testimony.

Different wording here:

https://www.oklahomacounty.org/departments/districtattorney/CriminalProcess.aspx

PRELIMINARY HEARING CONFERENCE: This hearing may also be called a pre-preliminary hearing or an announcement docket. Generally, these hearings are a time for your attorney and the prosecutor to discuss your case. The prosecutor will make a plea bargain offer which you and your attorney will discuss. If you decide to accept the offer, you would waive or give up your right to a trial and set your case for a date for you to plead guilty. If you do not accept the plea offer, you will have your case set for a preliminary hearing.

PRELIMINARY HEARING: If you are charged with a felony you have a right to a preliminary hearing. A preliminary hearing is a court hearing where witnesses testify and the Judge decides whether there is enough evidence against you to order you to have a trial. If the court believes there is enough evidence to believe a crime was committed and enough evidence to believe you committed the crime (often, this is called “probable cause”), the court will “bind you over” for trial. If the court does not believe there is enough evidence, the case will be dismissed. The prosecutor is not required to present all of their witnesses or all of the evidence they have collected. They are only required to present enough evidence to meet the “probable cause” standard.

Con's mom pled not guilty to her charges, so I'm not sure how this applies:

https://www.oklahomacounty.org/departments/districtattorney/CriminalProcess.aspx

Plea or Disposition Docket: At this hearing you will appear with your attorney and plead guilty or “no contest” to a judge. At this hearing the court will announce your punishment based on your plea bargain agreement with the district attorney's office. If the judge thinks the punishment is not harsh enough, you will be allowed to withdraw your plea of guilty and have a trial.

Bringing this forward to help us keep track of what all these various conferences and hearings are about.

There are new entries on ODCR indicating that a preliminary conference took place today on Con's probation violation and his eluding charge. That means Step 1 has been accomplished, so that's good.

His preliminary hearing is scheduled for March 27, which will be Step 2. I was worried that Step 1 had been delayed and would not take place until March 27, so I'm happy with this. The wheels of justice move slowly, but they are moving.

Sabrina's records still haven't been updated, but I'd be surprised if it's not the same deal. Step 1 accomplished, Step 2 scheduled for next month.

******

Updated Court Calendar:

February 27: Con's Preliminary Conference for January 21 Eluding and ADW charges

March 11: Con's mom's Disposition Docket for DUI, Possession of CDS, Transporting Firearm, and TOC charges (Perhaps this is the day she'll be nabbed for Carter County's felony charge of firing at a moving vehicle? Because these other charges are all from Wilson PD; the actual shooting took place outside of city limits.)

March 25: Sabrina's Preliminary Hearing (tentatively a hearing rather than a conference, pending updated ODCR)

March 27: Con's Preliminary Hearing

 

[OkieGranny]

http://www.kxii.com/home/headlines/James-Conn-Nipp-and-Sabrina-Graham-back-in-court-246072171.html?llsms=708981&c=y

Nipp was arrested twice last month. First for the July chase, then for another chase in January. He was at the Carter County courthouse today for a preliminary hearing conference, where he requested to set a preliminary hearing.

Miller says, "We know he was in possession of my granddaughter, obviously, and the last one to have seen her. But yet, he has yet to say where he's seen her last."

Nothing new in this article. I saw an earlier version of the video and Con shot the bird at the TV camera. They've blurred it out now. I wish they'd blur out his smirk too.

 

[OkieGranny]

Okay, well, pooey. ODCR has finally been updated, and Sabrina's preliminary conference was continued to March 25. So her Step 1 has not been completed like Con's has.

*****

Updated Court Calendar:

February 27: Con's Preliminary Conference for January 21 Eluding and ADW charges

March 11: Con's mom's Disposition Docket for DUI, Possession of CDS, Transporting Firearm, and TOC charges

March 25: Sabrina's Preliminary Conference for Fraudulent Insurance Claim and Filing a False Police Report

March 27: Con's Preliminary Hearing for Probation Violation and January 3 Eluding charge

 

[coralynne]

Okay, well, pooey. ODCR has finally been updated, and Sabrina's preliminary conference was continued to March 25. So her Step 1 has not been completed like Con's has.

*****

Updated Court Calendar:

February 27: Con's Preliminary Conference for January 21 Eluding and ADW charges

March 11: Con's mom's Disposition Docket for DUI, Possession of CDS, Transporting Firearm, and TOC charges

March 25: Sabrina's Preliminary Conference for Fraudulent Insurance Claim and Filing a False Police Report

March 27: Con's Preliminary Hearing for Probation Violation and January 3 Eluding charge

So the only hearing even related to Molly and Colt is Sabrina's charges, correct? Or is one of CN's eluding charges in regard to the chase the night MM went missing?

 

[OkieGranny]

So the only hearing even related to Molly and Colt is Sabrina's charges, correct? Or is one of CN's eluding charges in regard to the chase the night MM went missing?

Con's arrest on January 3 was for the car chase in which Colt and Molly were passengers in the car. Then he was arrested again on January 21 for another high-speed chase, so he has two sets of charges against him and two sets of court dates.

 

[OkieGranny]

Con was in court today on his Assault With a Dangerous Weapon and Eluding charges from the OHP chase on January 21, and now I see a very interesting entry on ODCR:

http://www1.odcr.com/detail?court=043-&casekey=043-CF++1400012

02/19/2014 HABITUAL CRIMINAL PUNISHMENT PAGE TWO
02/27/2014 ENTRY OF APPEARANCE
02/27/2014 MOTION FOR DISCOVERY
02/27/2014 CASE SET FOR STATUS CONFERENCE THIS DATE. COURT SETS SAME FOR PRELIMINARY HEARING ON 3-24-14 AT 1:30 P.M. JUDGE ROBERTS

Habitual Criminal Punishment Page Two? I'm not sure what that means, but it sounds encouraging.

 

[coralynne]

Con was in court today on his Assault With a Dangerous Weapon and Eluding charges from the OHP chase on January 21, and now I see a very interesting entry on ODCR:

http://www1.odcr.com/detail?court=043-&casekey=043-CF++1400012

02/19/2014 HABITUAL CRIMINAL PUNISHMENT PAGE TWO
02/27/2014 ENTRY OF APPEARANCE
02/27/2014 MOTION FOR DISCOVERY
02/27/2014 CASE SET FOR STATUS CONFERENCE THIS DATE. COURT SETS SAME FOR PRELIMINARY HEARING ON 3-24-14 AT 1:30 P.M. JUDGE ROBERTS

Habitual Criminal Punishment Page Two? I'm not sure what that means, but it sounds encouraging.

A motion for discovery is basically a motion to try to find out what evidence the prosecution has... Correct?

 

[OkieGranny]

A motion for discovery is basically a motion to try to find out what evidence the prosecution has... Correct?

Yes, you are correct.

I'm so sorry -- I'm wrapped up in another case right now and terribly distracted, but still can't believe I let this one slip past me. A new felony charge was filed against Con yesterday for Unauthorized Use of a Vehicle:

http://www1.odcr.com/detail?court=043-&casekey=043-CF++1400048

Per Molly's cousin PMF, this charge has nothing to do with driving Sabrina's car; this is for an entirely different vehicle:

https://www.facebook.com/groups/438762539575189/permalink/521005234684252/?stream_ref=2

 

[McSpy]

Here is the whole history of the Habitual Offender law for Oklahoma:

http://digitalcommons.law.utulsa.ed...habitual criminal punishment page 2 oklahoma"

Seems CN is being charged with it because of all his reckless car chases. It may mean that they will have to give him a minimum sentence by law. Meaning if the minimum is 10 years in prison, 3 years of parole, and loss of license, he will have to do that at the minimum, if he is found guilty. This is how I interpret it. I have no idea what the minimum sentences are in this case. I was just using the 10 years as an example. It could only be 3 years or 5 years. I don't know.

These Habitual Offender laws are used a lot for drunk driving in many states.

JMO

 

[whulfc86]

Any more news on this case?

 

[Hatfield]

Any more news on this case?

I think 3/24 is the next action in the case.

 

[maureen718]

any updates? I saw a facebook post from Molly's cousin a couple weeks ago but nothing since. Was anyone due in court today?

 

[mrsobrien]

According to the court link okie provided a few replies up, the preliminary hearing was waived. Formal arraignment is 4/22.

any updates? I saw a facebook post from Molly's cousin a couple weeks ago but nothing since. Was anyone due in court today?

 

[Hatfield]

According to the court link okie provided a few replies up, the preliminary hearing was waived. Formal arraignment is 4/22.

Yes, it appears you are correct from what I can tell. 4/22 is next action.

I am not sure what a lot of this means but I suppose formal arraingment of charges? It seems a little strange because I thoght charges already filed a long time ago but I suppose these are the final formal charges? Not sure if I have this right as I dont know anyhting about the formal things in cases.

http://www1.odcr.com/detail?court=043-&casekey=043-CF++1400012