VA VA - Codi Bigsby, 4, last seen at dad's home, Cory Bigsby (dad) named as POI, Hampton, 31 Jan 2022

[Simply Southern]

I've been following this conversation on whether or not Cory's rights were violated at the station. It certainly is an unusual situation for someone to be at a police station voluntarily for days. As an attorney, here are my 2 cents:

First, it's not going to make much difference in charges related to Cori's disappearance, except maybe the neglect charge, because the recourse for any constitutional rights violation is that the information gained during that rights violation can't be used in a criminal proceeding against the accused. The recourse for the rights violation is not that someone isn't criminally charged, just that the information illegally obtained can't be used against that person. It doesn't appear that Cory told LE much of anything about where Codi is or what happened to him, except that he left the kids alone. So basically, it doesn't appear that there are any statements that can be thrown out and even if his rights were violated, he can still be charged with other evidence (except perhaps for the neglect charge if LE is relying solely on statements for these charges, not, for example on the fact that he bought a car with no kids in tow).

Second, no matter what any defense attorney says, LE was not legally required to tell Cory that his family hired an attorney. The defense attorney likely knows this because he says “Not to let anybody check [whether Cody wants an attorney] is problematic” - not "illegal," not "unconstitutional" but "problematic," which has no legal relevance. LE said it best in that press conference "He's a smart, grown man who could have aske for an attorney if he wanted one." Note that LE says Cory was “absolutely made aware of his rights,” including his right to talk to an attorney, Talbot said. “Had he made such a request, we would have honored it.” So there likely would have to be a hearing on this issue.

MOO - I'm going to bet that this LE has documented the voluntariness throughout Cory's stay at the police station. They may have fed him some lines "the best thing you can do for Codi is to stay here and help us" but deceit by LE is legal. The US Supreme Court has said so clearly. And if I was LE looking for a missing 4-year old whose parent told me he left his 5, 4, 2 and 2 year olds alone and had a story that didn't add up, I'd do whatever it took, within the bounds of the law, to try and find that little boy.

@momsof3
Thank you so much for the enlightening explanation of the legal process.

My thoughts are very much aligned to your description of what may/could have transpired.

Moo..

 

[PommyMommy]

Let's look at the police chief's past experience:

Hampton names new chief of police | WAVY.com

Talbot has 30 years’ experience in law enforcement and holds a bachelor’s degree in Organizational Leadership from Penn State University.

He began his career as a correctional officer after which he became a police officer in Reading, PA. He then progressed through the ranks and became Deputy Chief before becoming the director of the Bureau of Enforcement and Investigation of the Pennsylvania Department of State before becoming the Chief of Police in Norristown.

He has received an NAACP Community Leadership Award and a Freedom Foundation Local Hero award.

Talbot said his first goal in Hampton is to learn about the community and the people of Hampton.

“Learning about the community is about reaching out, meeting people, engaging with people in person and on the phone. I plan on giving out a lot of love.”


Do we think that a chief with that vast experience in Law Enforcement was holding a suspect hostage illegally and denying him his rights>?

BBM For the record, you get a NO from me.

There’s a lot to pick apart here. To be sure it would be very unusual for someone to stay at the police station for 3 days while LE was searching for his missing son.
However, could there be circumstances where it may happen? Maybe.
Your home is sealed so LE can conduct a search and collect forensic evidence. You ask to go home. LE says “no” not while the search is ongoing. You say you have nowhere to go. LE says you are welcome to stay there. You are (allegedly) given a cot, blanket, and pillow, access to a shower, food, and water.
You don’t leave the station because LE will not let you participate in the search, you do not want to face the media, and you wish to show that you are completely cooperative.
As his story is not adding up right from the beginning, LE isn’t going to kick him out. They are happy to let him stay. As they get more information, they ask more questions.
I believe this Chief is smart and experienced. There is no way, in such a high profile incident, that I think this department would do anything that would jeopardize their case. I believe the father was given his Miranda warning and that he understood it. He was involved with the courts before and knows the process.
The Chief says they are there for Codi. This means they want justice for Codi. To risk his case being tainted would be unacceptable.
I am sorry to see that some local folks are turning against the police, making accusatory statements that would seem to imply that LE is not giving this child or his father all the same effort or due process they might give to someone with a different economic or racial background. From what I can see, LE pulled out every stop to bring in all possible resources right from the beginning.
Some folks are also implying that LE is not giving this case full effort because they are only allowing 50 citizens to search at a time. This is a matter of logistics, not prejudice.
Let’s concentrate on hoping that LE finds out what happened to Codi very soon and the perpetrator behind his disappearance is punished to the full extent of the law.

In addition, Cory AND his children were transported to police headquarters. LE has not revealed where the children are now; just that they are safe and thriving.

I wonder if LE told Cory he could leave but not take his children until this is sorted out? In Orrin and Orson's case, the remaining children were removed from the home at the time the investigation began even while LE was saying that the parents were cooperative.

CA - CA - Orson & Orrin West (3&4), MEDIA, MAPS & TIMELINE - NO DISCUSSION (websleuths.com)

 

[MsMarple]

@momsof3 and @OldCop thank you both for your insights!

IMO LE has Cory’s civil rights under control and are well aware of how to conduct the investigation. It’s pretty clear that the chief, detectives and all agencies involved are invested in finding Codi and bringing those involved in his disappearance to justice.

I’m sorry dad didn’t break, I really thought he’d be leading LE to Codi by now.

 

[MimosaMornings]

And the focus is on the father who is the person of interest and yet to tell LE or anyone where his son Codi is......

 

[GuyfromCanada]

HAPPENING NOW: Volunteers searching through woods near the Buckroe Point Apartments for 4-year old Codi Bigsby.

https://twitter.com/Leondrahead/status/1490083951012155392/photo/1

 

[PommyMommy]

FEB 5, 2022
Volunteers holding onto hope as search for missing 4-year-old Codi Bigsby continues | 13newsnow.com
Volunteers organized two search parties today, working in two shifts to pass out fliers and search different areas.

Michelle Wolf on Twitter (Video)
HAPPENING NOW: Day six of a community-wide search for 4yo Codi Bigsby. People from all over the seven cities, some as far as Richmond have come out to help. The latest on the search tonight on @WAVY_News at 6, 10 and 11.
4:46 PM · Feb 5, 2022·Twitter for iPhone

 

[Knox]

I've been following this conversation on whether or not Cory's rights were violated at the station. It certainly is an unusual situation for someone to be at a police station voluntarily for days. As an attorney, here are my 2 cents:

First, it's not going to make much difference in charges related to Cori's disappearance, except maybe the neglect charge, because the recourse for any constitutional rights violation is that the information gained during that rights violation can't be used in a criminal proceeding against the accused. The recourse for the rights violation is not that someone isn't criminally charged, just that the information illegally obtained can't be used against that person. It doesn't appear that Cory told LE much of anything about where Codi is or what happened to him, except that he left the kids alone. So basically, it doesn't appear that there are any statements that can be thrown out and even if his rights were violated, he can still be charged with other evidence (except perhaps for the neglect charge if LE is relying solely on statements for these charges, not, for example on the fact that he bought a car with no kids in tow).

Second, no matter what any defense attorney says, LE was not legally required to tell Cory that his family hired an attorney. The defense attorney likely knows this because he says “Not to let anybody check [whether Cody wants an attorney] is problematic” - not "illegal," not "unconstitutional" but "problematic," which has no legal relevance. LE said it best in that press conference "He's a smart, grown man who could have aske for an attorney if he wanted one." Note that LE says Cory was “absolutely made aware of his rights,” including his right to talk to an attorney, Talbot said. “Had he made such a request, we would have honored it.” So there likely would have to be a hearing on this issue.

MOO - I'm going to bet that this LE has documented the voluntariness throughout Cory's stay at the police station. They may have fed him some lines "the best thing you can do for Codi is to stay here and help us" but deceit by LE is legal. The US Supreme Court has said so clearly. And if I was LE looking for a missing 4-year old whose parent told me he left his 5, 4, 2 and 2 year olds alone and had a story that didn't add up, I'd do whatever it took, within the bounds of the law, to try and find that little boy.

Excellent legal information, thank you!!

 

[Lyanna]

Each time I see Codi's picture, it hits me.
He looks so wary, weary and haunted. I can't describe it adequately.

I hope they find him, can't bear the thought of him not being found.

 

[MsMarple]

According to the current information we have, LE strongly suggests that the evidence points to dad Cory being the one responsible for Codi’s disappearance and likely knows where he is.

Yet dad has chosen to keep that information secret. IMO it means that finding Codi would tell a story of abuse. Regardless, what kind of parent, heck, what kind of human could be so cold and cruel?

Why bring kids into this world if you can’t be bothered to love and care for them? I don’t understand.

Rant over.

 

[Lusitana]

Even if it was "just" a freak accident because the kids were left home alone, how could a parent simply dispose of his own little kid's body and pretend that he's missing? If there was nothing to hide, simply call 911. Poor Codi.

 

[Knox]

@PommyMommy - there are some very interesting comments on that person who calls herself a reporter's Facebook page. It's a post from 9 hours ago.

 

[Knox]

WAVY TV 10[URL='https://twitter.com/WAVY_News']@WAVY_News[/URL]
In the six days since Codi Bigsby was reported missing, people are starting to ask questions about how child abuse and neglect can be prevented. Health officials say they both largely stem from stress. https://bit.ly/3GypGMm

 

[Knox]

Here's a review of the real estate agent - https://www.zillow.com/profile/NI Ni Ling

 

[PommyMommy]

@PommyMommy - there are some very interesting comments on that person who calls herself a reporter's Facebook page. It's a post from 9 hours ago.

Thanks, Knox. I'll check it out.

 

[Allabouttrial]

According to the current information we have, LE strongly suggests that the evidence points to dad Cory being the one responsible for Codi’s disappearance and likely knows where he is.

Yet dad has chosen to keep that information secret. IMO it means that finding Codi would tell a story of abuse. Regardless, what kind of parent, heck, what kind of human could be so cold and cruel?

Why bring kids into this world if you can’t be bothered to love and care for them? I don’t understand.

Rant over.

Could be but I'm hoping that it's just because LE haven't gathered enough evidence yet to bring charges for murder.

I imagine he'll hold out because, as the Chief said, he is quite intelligent and knows what's what. Then again he did confess to leaving the kids on their own.

 

[Lillymac]

According to the current information we have, LE strongly suggests that the evidence points to dad Cory being the one responsible for Codi’s disappearance and likely knows where he is.

Yet dad has chosen to keep that information secret. IMO it means that finding Codi would tell a story of abuse. Regardless, what kind of parent, heck, what kind of human could be so cold and cruel?

Why bring kids into this world if you can’t be bothered to love and care for them? I don’t understand.

Rant over.

My feelings exactly...so where is their mother?? Why do all 4 live with their dad? I can't believe LE is comfortable with her being a no show and the chief obviously doesn't want to discuss her. I think she is being investigated and a part of their case, she has to be. I don't think she's a POI anymore is she? And I don't think she has the other children. I can't help but wonder about her. Her absence is very curious to me. I believe that's another quirk they're having to deal with. This really is a mess. JMO

 

[katydid23]

Even if it was "just" a freak accident because the kids were left home alone, how could a parent simply dispose of his own little kid's body and pretend that he's missing? If there was nothing to hide, simply call 911. Poor Codi.

When I think of 2 yr old twins being left alone with a 4 and 5 yr old to 'supervise them' ---I shudder to think about what could have happened. Four boys that young and vulnerable, left alone can be very hazardous.

I remember when my 5 yr old and his friend were making peanut butter sandwiches for themselves, while I was on an important phone call. I was just steps from the kitchen and could hear them talking and laughing---what could go wrong?

A moment later the friend walks out of the kitchen with a weird look on his face, so I ask is everything OK and he shrugs but winces---then I smell SMOKE---I run in the kitchen and the toaster IS ON FIRE and my son is about to cover it with a dish towel!

They had the brilliant idea to put rice cakes in the toaster and it went sideways really fast....which is why 5 yr olds cannot be left alone to care for younger siblings.


It would not surprise me if he left all 4 kids alone one night and something very surprising and unfortunate happened to Codi.

 

[Allabouttrial]

When I think of 2 yr old twins being left alone with a 4 and 5 yr olds to 'supervise them' ---I shudder to think about what could have happened. Four boys that young and vulnerable, left alone can be very hazardous.

I remember when my 5 yr old and his friend were making peanut butter sandwiches for themselves, while I was on an important phone call. I was just steps from the kitchen and could hear them talking and laughing---what could go wrong?

A moment later the friend walks out of the kitchen with a weird look on his face, so I ask is everything OK and he shrugs but winces---then I smell SMOKE---I run in the kitchen and the toaster IS ON FIRE and my son is about to cover it with a dish towel!

They had the brilliant idea to put rice cakes in the toaster and it went sideways really fast....which is why 5 yr olds cannot be left alone to care for younger siblings.


It would not surprise me if he left all 4 kids alone one night and something very surprising and unfortunate happened to Codi.

Your post has just given me a thought.

We're assuming that they had free rein of the house, but what if he locked them in a room while he was gone.

Hypothetical - LE - Why is there a lock on the door of (insert room)?

 

[katydid23]

Your post has just given me a thought.

We're assuming that they had free rein of the house, but what if he locked them in a room while he was gone.

Hypothetical - LE - Why is there a lock on the door of (insert room)?

Good thinking. If so, I'd think maybe they'd be locked into the master bedroom, if it had a bathroom attached?

There aren't many other places they could be locked into other than a bedroom or bathroom.

I know of a neighborhood family that used to lock their 4 kids out of the house and they would stay on the back covered porch and back yard all afternoon until mom came home from work.

 

[agilbe]

Your post has just given me a thought.

We're assuming that they had free rein of the house, but what if he locked them in a room while he was gone.

Hypothetical - LE - Why is there a lock on the door of (insert room)?

If that was the case, wouldn't there have been additional charges? JMO