Found Deceased TN - Evelyn Boswell, 15 months, Sullivan County, 26 DEC 2019 *MOM ARRESTED* #9

[Jo in Calif]

Enters not guilty plea.
Her attorney wants a change of venue
Next date is Dec 3 at 130pm

 

[Jo in Calif]

Megan was arraigned by video in Judge James Goodwin’s courtroom.

Megan pleaded not guilty to the 19 charges she was indicted on in the death of Evelyn, including two counts of felony murder.

Brad Sproles, Megan’s attorney, filed a motion for a change of venue.

Megan is scheduled to appear in court next on December 3 at 1:30 p.m.
Megan Boswell enters not guilty plea, attorney files motion for change of venue | WJHL | Tri-Cities News & Weather

 

[steeltowngirl]

@Niner @altojack @Jo in Calif

Thank you for posting the updates on the arraignment.
May there soon be Justice for Evelyn.

 

[Jo in Calif]

This is interesting, her attorney requested an order of particulars, of the charges mentioned, bodily injury.
I think that autopsy is going to show what she did to that baby.

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[Gardenkeep]

It will be near the 1 yr point when she appears on Dec 3rd. I wasn't surprised by the motion for change of venue. I had never heard of a bill of particulars before, so off I went to learn. It's a strategy, but I'm not sure how yet.

 

[Wiggles]

Does anyone else think it is odd that the new charges on MB have a violation date of 12/19/2019? This is listed on the Sullivan County, TN court docket. Does anyone know if this is a concrete date that the acts occurred, or just a round about date?
Sullivan County - Criminal Case Detail

 

[Lusitana]

Does anyone else think it is odd that the new charges on MB have a violation date of 12/19/2019? This is listed on the Sullivan County, TN court docket. Does anyone know if this is a concrete date that the acts occurred, or just a round about date?
Sullivan County - Criminal Case Detail

It might be the day Evelyn was seen alive by someone other than her mother.

 

[Jo in Calif]

Does anyone else think it is odd that the new charges on MB have a violation date of 12/19/2019? This is listed on the Sullivan County, TN court docket. Does anyone know if this is a concrete date that the acts occurred, or just a round about date?
Sullivan County - Criminal Case Detail

Look at it again. I see a filing date of 08/19/20 and a violation date of 12/01/19

 

[Wiggles]

Look at it again. I see a filing date of 08/19/20 and a violation date of 12/01/19

Sorry, yes you are right. I typed that wrong. I meant to say 12/01/19. I just wonder if that was the concrete day the acts occurred or a round about date. Because, if I remember correctly I was thinking she was seen or taken care of by someone around 12/10/2019. Just my mind wondering.

 

[Niner]

Sorry, yes you are right. I typed that wrong. I meant to say 12/01/19. I just wonder if that was the concrete day the acts occurred or a round about date. Because, if I remember correctly I was thinking she was seen or taken care of by someone around 12/10/2019. Just my mind wondering.

Here's what I have in my notes:

last seen Dec. 26, 2019, Blountville, Sullivan County, reported missing Feb. 18, 2020 by State of Tenn. Dept. Child Services; Evelyn’s remains were found on Mar. 6, 2020 at a family member’s property at the 500 block of Muddy Creek Road in Sullivan County; officially id’d 3/11/20).

If this is wrong - please let me know! TIA!

 

[Jo in Calif]

Here's what I have in my notes:

last seen Dec. 26, 2019, Blountville, Sullivan County, reported missing Feb. 18, 2020 by State of Tenn. Dept. Child Services; Evelyn’s remains were found on Mar. 6, 2020 at a family member’s property at the 500 block of Muddy Creek Road in Sullivan County; officially id’d 3/11/20).

If this is wrong - please let me know! TIA!

Sheriff Jeff Cassidy told the media that his office received conflicting reports about when Evelyn disappeared. He said one report indicated that Evelyn was last seen on December 26. However, Sheriff Cassidy told media that a babysitter claimed to have seen her on December 10 or 11 and those dates were more accurate.

Timeline of the Evelyn Boswell case

 

[Niner]

Sheriff Jeff Cassidy told the media that his office received conflicting reports about when Evelyn disappeared. He said one report indicated that Evelyn was last seen on December 26. However, Sheriff Cassidy told media that a babysitter claimed to have seen her on December 10 or 11 and those dates were more accurate.

Timeline of the Evelyn Boswell case

Ah - then I shall change my notes - thanks Jo in Calif.

 

[Ozarka]

Sheriff Jeff Cassidy told the media that his office received conflicting reports about when Evelyn disappeared. He said one report indicated that Evelyn was last seen on December 26. However, Sheriff Cassidy told media that a babysitter claimed to have seen her on December 10 or 11 and those dates were more accurate.

Timeline of the Evelyn Boswell case

And, AFAIK, we still don’t know who the babysitter was

 

[Peppery]

And, AFAIK, we still don’t know who the babysitter was

That’s going to make a big difference to me.

 

[Alethea]

Sorry, yes you are right. I typed that wrong. I meant to say 12/01/19. I just wonder if that was the concrete day the acts occurred or a round about date. Because, if I remember correctly I was thinking she was seen or taken care of by someone around 12/10/2019. Just my mind wondering.

These initial documents are made "on information and belief." So it is essentially the understanding of the state based on the evidence they have seen so far. It can change if they learn more information through scientific testing, for example. But if they say they believe the crime occurred 12/1/2019 IMO it shows they did not have a confirmed, reliable sighting of baby Evelyn after that date.

 

[Alethea]

A bill of particulars is a detailed outline of the charges and claims being made against a defendant. Some states allow it, others don't - all evidence has to be turned over to the defendant during discovery so some states feel it is unnecessary. Here it makes sense since the charges do not say what MB is actually alleged to have done. Like what were her actions that led to these charges? What abuse is she alleged to have committed? The state will have to establish that MB actually committed the felonies alleged (abuse and neglect) beyond a reasonable doubt in order for her to be found guilty of felony murder. Depending on the COD it can be difficult after all this time. But I have faith.

 

[Wiggles]

Thanks for the insight on the 12/1/19 violation date.

 

[Gardenkeep]

A bill of particulars is a detailed outline of the charges and claims being made against a defendant. Some states allow it, others don't - all evidence has to be turned over to the defendant during discovery so some states feel it is unnecessary. Here it makes sense since the charges do not say what MB is actually alleged to have done. Like what were her actions that led to these charges? What abuse is she alleged to have committed? The state will have to establish that MB actually committed the felonies alleged (abuse and neglect) beyond a reasonable doubt in order for her to be found guilty of felony murder. Depending on the COD it can be difficult after all this time. But I have faith.

Thank you! So, the lack of detail in the initial charges is why this was requested by the defense? MB is not having a prelim, right? This next court date is a hearing. Exactly what will be addressed at that time? Forgive me, I'm just learning the ins and outs of law in court proceedings. So, I'm picking your brain.

 

[Alethea]

Thank you! So, the lack of detail in the initial charges is why this was requested by the defense? MB is not having a prelim, right? This next court date is a hearing. Exactly what will be addressed at that time? Forgive me, I'm just learning the ins and outs of law in court proceedings. So, I'm picking your brain.

I thought the original charges were pretty standard and you usually don't learn more information until the evidence starts being turned over to the defense and/or included in motions on the public docket. But if your state allows bills of particulars, it's a good way for the defense to get more information quickly so they can start to plan their defense. Your client may not always cooperate with you - even though you are their attorney and they have assured confidentiality - so you always want to see what the state is working with in evaluating the case. The next hearing may be on the defense's change of venue or it could just be a status conference. You're required to meet with the Court every so often to ensure discovery is proceeding, discuss any issues, keep to a timeline, let the Court know about any upcoming motions.

 

[Meredith28]

PROSECUTORS EXPECTED TO DECIDE IN DECEMBER 2020 IF THEY WILL SEEK DEATH PENALTY FOR MEGAN BOSWELL