Found Deceased WA - Jenise Wright, 6, Bremerton, 2 Aug 2014 - #11 *Arrest*

[kimi_SFC]

http://www.bremertonpatriot.com/news/392799031.html

New trial date March 6, 2017.

Thank you for the update MsMarple!
:sigh:
:waiting:
#JusticeForJenise!


Sent from my iPhone using Tapatalk

 

[Tealgrove]

Impatiently waiting for Justice for Jenise.

 

[Lady Demelza]

So now we wait another 6 months? What takes so long in the US? I'm not being facetious i just don't know why it takes so long? I understand everything needing to be in order to secure a conviction, but look at the Becky Watts case here in the UK, it was extremely complicated but was done and dusted in a year.

Also i have to sit on my hands with this case as we're victim and victim family friendly, but dear god those first few paragraphs of the probable cause document make me rage. It was so preventable, I know it is a tragedy but certain actions assisted this monster. God bless you Jenise, you didn't really have a chance.

 

[Peppery]

Sigh. I have a feeling this trial won't actually start before the third anniversary. It's such a shame that murderers, rapists and other criminals have more rights than their victims.


Sent from my iPad using Tapatalk

 

[libby5264]

This is so frustrating. I have a real need to find out why this happened and what is wrong with him.


Sent from my iPhone using Tapatalk

 

[Knox]

Bump!! When is this ever going to trial?!!!

 

[MsMarple]

There have been multiple trial dates set for Gabriel Gaeta, 20, accused in August 2014 of raping and murdering his 6-year-old neighbor, Jenise Wright,..
...
In Gaeta’s case, higher court decisions have allowed arguments by Gaeta’s attorneys to limit the sentence he could face. Though charged as an adult, Gaeta was 17 at the time of Jenise’s death. Attorneys on the case said in September that there is a chance of resolving the case before the March trial date.

http://www.kitsapsun.com/story/news/2017/01/01/anticipating-headlines-2017/96021530/

A chance of resolving the case before the trial? :waitasec: Does that mean they may go for a plea bargain? I sure hope not; Gaeta's crime against Jenise was so horrific that minor or not he should qualify for LWOP.

 

[Knox]

http://www.kitsapsun.com/story/news/2017/01/01/anticipating-headlines-2017/96021530/

A chance of resolving the case before the trial? :waitasec: Does that mean they may go for a plea bargain? I sure hope not; Gaeta's crime against Jenise was so horrific that minor or not he should qualify for LWOP.

I took it to mean the sentence limits will be decided prior to a trial? Meaning he could not get LWOP.

 

[MsMarple]

I took it to mean the sentence limits will be decided prior to a trial? Meaning he could not get LWOP.

Judge Forbes had already ruled that Gaeta would be eligible for LWOP if convicted. His lawyers were planning to appeal her decision. But yeah, it could mean that they expect a decision from the court of appeals before the trial begins. If so then it was poor wording IMO.

Lawmakers adjusted state law to fall in line with the decision, the so-called 'Miller fix,' allowing judges to impose the sentence on defendants whose crime fell between their 16th and 18th birthdays, but mandating judges first take into consideration a defendant's young age, such as the defendant's maturity, his or her ability to appreciate risk as well as his or her home life.

'We are pleased with the ruling and the reasoning the court used,' Chief Deputy Prosecutor Chad Enright said.

Gaeta's lawyers can ask the Division II Court of Appeals to review Forbes' ruling, but the appeals court is not obligated to take the case. On Monday, one of Gaeta's lawyers, Roger Hunko, said he disagreed with Forbes' Friday ruling but said he would need to speak to Gaeta and co-counsel Jeniece LaCross before saying whether Gaeta would appeal.

http://archive.kitsapsun.com/news/l...cb-8cdc-6154-e053-0100007f050f-388896231.html

ETA: I found this, which does sound like the attorneys want to settle the case out of court.

Gabriel Z. Gaeta, 19, is accused of raping and killing 6-year-old Jenise Wright, a neighbor of the former Olympic High School wrestler. DNA evidence found on Jenise's body matches Gaeta's, according to court documents. At the time of Gaeta's arrest in August 2014 he was 17, but was charged as an adult.

Attorneys on the case indicated Friday both sides may be interested in resolving the case short of trial after hearing the results of an appeal. His trial date was pushed back from Oct. 10 to March 6.

http://archive.kitsapsun.com/news/l...03-8ceb-18a0-e053-0100007f591b-392220591.html

Knox, maybe you can figure this out:

09-02-2016 ORDER SETTING TRIAL DATE
JDG0007 Order Setting Trial Date @ 9:00 Am
Judge Jennifer A. Forbes, Dept 7 03-06-2017 (approx 5 Week Trial)
76 09-02-2016 MOTION FOR INDIGENCY Motion For Expenditure Of Public Funds To Perfect Appeal
09-02-2016 ORDER OF INDIGENCY Order For Expenditure Of PublicFunds To Perfect Appeal
JDG0007 Judge Jennifer A. Forbes, Dept 7
09-08-2016 TRANSMITTAL LETTER - COPY FILED Transmittal Letter - Copy Filed/
Notice Of Disc Review To Coa
09-15-2016 PERFECTION NOTICE FROM CT OF APPLS Perfection Notice From Ct Of Appls
Re: Discretionary Review

http://dw.courts.wa.gov/index.cfm?f...S&casekey=168703779&courtname=KITSAP SUPERIOR

09-15-16 Perfection Letter - Sent by Court
09-16-16 Oral Argument Setting Letter - Sent by Court
09-23-16 Response to Motion for Discretionary Review - Filed
10-03-16 Reply to Response - Filed
11-02-16 Motion Heard - Status Changed
11-02-16 Set for Motion Calendar - Status Changed
11-04-16 Appellant Additional Authoritiy - Not filed
12-19-16 Ruling terminating Review - Filed
12-19-16 Decision Filed - Status Changed
01-19-17 Certificate of Finality - Due

http://dw.courts.wa.gov/index.cfm?f...&casekey=172868523&courtname=COA, Division II

 

[2Hope4]

I think I read the trial will be in March....

http://www.bremertonpatriot.com/news/392799031.html

New trial date March 6, 2017.

 

[Ontario Mom]

PORT ORCHARD — Gabriel Gaeta, awaiting trial for the 2014 rape and murder of 6-year-old Jenise Wright, will be evaluated by a mental health expert to determine whether he is competent to stand trial.

On Thursday Kitsap Superior Court Judge Jennifer Forbes signed the order for Gaeta to be taken from jail to Western State Hospital. Gaeta, 20, refused to attend the hearing.

He is scheduled for trial March 6. Forbes said she would keep that date.

http://www.kitsapsun.com/story/news/local/2017/01/12/accused-killer-gaeta-evaluated-trial/96519804/

 

[SCHMAE]

How many mental evaluations does he get before he faces the music?

 

[MsMarple]

:furious: Oh FFS. Back in 2014 when the prosecutor requested Gaeta be evaluated, his own lawyers stipulated that Gaeta was competent and opposed an evaluation. So now they want to backpedal and go ahead with an evaluation? From October 2014:

PORT ORCHARD Despite not being evaluated by a mental health expert, lawyers representing accused killer Gabriel Gaeta say he is competent to stand trial and if forced to undergo an evaluation they will advise him to plead the Fifth.

http://archive.kitsapsun.com/news/g...or-jenises-murder-ep-731562337-355171141.html

Okay, let's see if I can understand this. I think his lawyers are questioning his current competency to stand trial rather than whether or not he was competent when he murdered Jenise. IOW, something is going on that makes them think Gaeta's losing it.

It appears that the Court of Appeals upheld Forbes' ruling that Gaeta is eligible for LWOP if convicted, despite the fact that he was 17 when he murdered Jenise.

So... some possibilities: Gaeta's lawyers are again trying to stall the trial even though the judge is adamant that it will begin on time. Last I heard Western State Hospital has a waiting list. Or Gaeta is refusing to take prescribed medication, such as an antidepressant. Or he's refusing to participate in his trial - in which case he can be tried in absentia.

Or maybe the lawyers think they can get a diagnosis that might allow Gaeta some sort of mitigation at sentencing (if convicted) that would get him out of LWOP.

:dunno:

 

[Inthedetails]

:furious: Oh FFS. Back in 2014 when the prosecutor requested Gaeta be evaluated, his own lawyers stipulated that Gaeta was competent and opposed an evaluation. So now they want to backpedal and go ahead with an evaluation? From October 2014:


http://archive.kitsapsun.com/news/g...or-jenises-murder-ep-731562337-355171141.html

Okay, let's see if I can understand this. I think his lawyers are questioning his current competency to stand trial rather than whether or not he was competent when he murdered Jenise. IOW, something is going on that makes them think Gaeta's losing it.

It appears that the Court of Appeals upheld Forbes' ruling that Gaeta is eligible for LWOP if convicted, despite the fact that he was 17 when he murdered Jenise.

So... some possibilities: Gaeta's lawyers are again trying to stall the trial even though the judge is adamant that it will begin on time. Last I heard Western State Hospital has a waiting list. Or Gaeta is refusing to take prescribed medication, such as an antidepressant. Or he's refusing to participate in his trial - in which case he can be tried in absentia.

Or maybe the lawyers think they can get a diagnosis that might allow Gaeta some sort of mitigation at sentencing (if convicted) that would get him out of LWOP.

:dunno:

I think it's stall, stall, stall. And then stall some more.

 

[Ontario Mom]

:furious: Oh FFS. Back in 2014 when the prosecutor requested Gaeta be evaluated, his own lawyers stipulated that Gaeta was competent and opposed an evaluation. So now they want to backpedal and go ahead with an evaluation? From October 2014:


http://archive.kitsapsun.com/news/g...or-jenises-murder-ep-731562337-355171141.html

Okay, let's see if I can understand this. I think his lawyers are questioning his current competency to stand trial rather than whether or not he was competent when he murdered Jenise. IOW, something is going on that makes them think Gaeta's losing it.

It appears that the Court of Appeals upheld Forbes' ruling that Gaeta is eligible for LWOP if convicted, despite the fact that he was 17 when he murdered Jenise.

So... some possibilities: Gaeta's lawyers are again trying to stall the trial even though the judge is adamant that it will begin on time. Last I heard Western State Hospital has a waiting list. Or Gaeta is refusing to take prescribed medication, such as an antidepressant. Or he's refusing to participate in his trial - in which case he can be tried in absentia.

Or maybe the lawyers think they can get a diagnosis that might allow Gaeta some sort of mitigation at sentencing (if convicted) that would get him out of LWOP.

:dunno:

BBM - that's the impression I got.

 

[Peppery]

You'd think his lawyers would eventually advise him to face the music and accept that he's never getting out, convicted or not. It doesn't really benefit him to keep stalling unless it's just another way to victimize Jenise and her family.


Sent from my iPad using Tapatalk

 

[ChuckMaureen]

Something is seriously wrong in that local judicial system. The wasted time of everyone involved (and of taxpayer's money) is pathetic, all to accommodate supposed legal gyrations. That is a local justice system run amok, in which judge(s) seem unable to reign in and take control of a sad situation.

A young girl was raped and murdered and her family is enduring unimaginable grief whilst a pathetic legal system runs them over, backs up and runs them over, again and again and again.

Enough, already!

 

[JusticeWillBeServed]

Accused child killer Gaeta found not competent to stand trial — yet

http://www.kitsapdailynews.com/news/accused-child-killer-gaeta-found-not-competent-to-stand-trial-yet/

At a competency hearing Feb. 22 in Kitsap County Superior Court, Gabriel Gaeta, the former high school wrestling star charged with raping and killing his 6-year-old neighbor, was found not competent to stand trial — but that is far from the end of the story.

The decision was primarily based on a competency evaluation provided by Western State Hospital where Gaeta is currently under treatment to achieve “competency restoration,” a term used by the court to indicate that a defendant has recovered competency and can aid in their own defense.

Superior Court Judge Jennifer Forbes, who is presiding over the case, stated in court that the competency evaluation also mentioned that Gaeta should be able to regain competency relatively quickly with the help of medication, indicating that the matter will be revisited.

Asked whether he thought the trial would begin in May as was discussed in court, Enright said “It’s too early to tell. The defendant has to go through the process at the hospital, which is 90 days, and then there needs to be time for him and his attorneys to meet and prepare.”

“If it does,” he concluded. “My office will be ready to proceed at that time.”

 

[Sweetiemom]

Accused child killer Gaeta found not competent to stand trial — yet

http://www.kitsapdailynews.com/news/accused-child-killer-gaeta-found-not-competent-to-stand-trial-yet/

Stall, stall and delay.

 

[mpnola]

I dont even know how to make a big enough eyeroll here.