WI WI - Kelly Dwyer, 27, Milwaukee, 11 Oct 2013 - #1

[J Block]

Miranda is given when there are 2 things. Custody and Interrogation. Custody has a wide scope. Something simple as being in a room w/ a closed door or being handcuffed. You can be in custody and interrogated in a plethora of places, including your own domicile.

I was simply tossing around the idea of how his attorneys think he could get off on a Miranda technicality. The only scenario I could come up w/ is if he was questioned while handcuffed about the drugs. Then if that info is what was used to obtain the search warrant, that is where a problem could arise.

IMO, just because the officer didn't Mirandize Keyes, doesn't necessarily mean Keyes was ever in the position that required a Miranda warning. Thus making that officers statement in court irrelavant.

Just realized I called Zocco - "Keyes". Oops. I'm following too many cases.

 

[Oploc2005]

from same link

Kelly last called on her cell on Wend she called her Mother , Father and Ex boyfriend all within about a hour or so.

 

[Oploc2005]

This Sunday 11am I'm asking anyone & everyone to come out for this search. Kelly Dwyer is still Missing and her family is asking for our help. This is really important that we find kelly and keep her in the public eye. Please dress warm and wear good walking shoes or boots.

Pick 'n Save1100 E Garfield Ave, Milwaukee, WI
11am sunday
Please visit like and share page

www.facebook.com/kellydwyersearchefforts

http://fox6now.com/2013/11/23/volunteer-search-party-for-kelly-dwyer-to-meet-sunday/

 

[mke2013]

Kelly last called on her cell on Wend she called her Mother , Father and Ex boyfriend all within about a hour or so.

What's the deal with the ex-boyfriend?

 

[IHAVENOCLUE]

http://fox6now.com/2013/11/23/volunteer-search-party-for-kelly-dwyer-to-meet-sunday/

Bless you, Oploc! :grouphug:

And Good Luck in your searches today! :crossfingers:

 

[IHAVENOCLUE]

What's the deal with the ex-boyfriend?

Ex-boyfriend is new "news" to me, too!

:waitasec:

 

[Woe.be.gone]

http://www.620wtmj.com/news/local/Arrest-made-in-case-of-missing-Milwaukee-woman-228247261.html
"Thursday morning police arrested a male friend of missing Milwaukee woman on an unrelated drug charge.

Police charged the 38-year-old man with keeper of a drug house. Detectives cars were parked outside the east side high-rise on North Prospect Avenue. Residence say police have been in and out of the complex for the last three days."

http://milwaukee.cityandpress.com/node/6956003
Zocco was taken into custody Thursday, October 17, on drug charges.


http://projectjason.org/forums/topic/3770-missing-woman-kelly-dwyer-wi-10112013/
Here's a recap, in story form, of Zocco's arrests. This is where the info came from that, "Zocco was arrested on Thursday in
the 1000 block of E. Juneau Ave., the same block where TRC Global Solutions is located."

No source for the location is stated but I don't believe the writer pulled the info out of a hat so I believe it to be credible.
This indicates Zocco was taken into custody outside of his apartment on the drug charges.
He didn't go before the judge until Sunday so, what happened inbetween is what the conflict is about? We know he has a lawyer.

http://fox6now.com/2013/10/21/kris-zocco-faces-drug-charges-released-on-bail/
". . . Kris Zocco posted $5,000 bail and walked out of the Milwaukee County Jail early on Monday, October 21."

If KZ was being held for 72 hours (versus being arrested formally) it wouldn't be necessary to post bail before he was released. He saw a judge on Sunday and was released after posting bail on Monday. The wording used in the article is "charged on Sunday". Shouldn't they have said arraigned?
When someone is arrested, doesn't that mean they have already been charged or informed why they're being taken into custody?
(versus held or taken in for questioning?)
http://legal-dictionary.thefreedictionary.com/arraignment

Considering the info taken from all the articles, his apartment was searched prior to Zocco's arrest for the drug charges. Neighbors report that detectives had been in and out of the building for three days prior to Zocco's arrest. Zocco was not arrested while physically inside his apartment either the first time nor the second time on the more serious charges of child .


http://www.wisn.com/news/south-east...ime/-/10151118/22634102/-/9foj5n/-/index.html
Zocco was arrested at a relative's home in Richfield on Thursday night (October 24) on charges unrelated to Kelly Dwyer's disappearance.

 

[Woe.be.gone]

Miranda is given when there are 2 things. Custody and Interrogation. Custody has a wide scope. Something simple as being in a room w/ a closed door or being handcuffed. You can be in custody and interrogated in a plethora of places, including your own domicile.

I was simply tossing around the idea of how his attorneys think he could get off on a Miranda technicality. The only scenario I could come up w/ is if he was questioned while handcuffed about the drugs. Then if that info is what was used to obtain the search warrant, that is where a problem could arise.

IMO, just because the officer didn't Mirandize Keyes, doesn't necessarily mean Keyes was ever in the position that required a Miranda warning. Thus making that officers statement in court irrelavant.

bbm ~ Keyes! Freudian slip?

Yes, I think I understood what you were getting at regarding the if handcuffed theory.
I simply can't get over/past the idea that, under the circumstances, police would forget (is that possible? what other excuse is there?) to Mirandize someone when they're being arrested.

Zocco hasn't been arrested for charges related to Kelly so could there be a technicality related to questioning him about her disappearance and then being arrested on the other charges? Forgive me because I don't even know what I'm really asking, I'm just trying to understand what happened
.
Obviously it was Kelly who brought LE's attention to Zocco. LE found the other stuff while looking for clues as to what may have happened to Kelly. Isn't the search warrant due to probable causes (the house is temporarily under arrest but not the person) and covered by different laws?
If Zocco was clean in all areas, he wouldn't have been arrested for anything. But when he wasn't found clean and was taken into custody later, I can't believe LE didn't inform him of his rights as to why he was being taken into custody. Could it be they interrogated him about Kelly when he was arrested on the drug charges?
He acquired a lawyer quickly. I never heard that Miranda rights are read before an interrogation. But, if it were me and the questioning went too far, I'd ask for a lawyer for sure.

Are his lawyers (or LE) trying to mix apples with oranges? It's not LE's fault/problem they found drugs and when looking for clues to what happened to Kelly. Are they supposed to ignore those crimes by shutting their eyes and pretending they didn't just see those things? KZ handed the drug issues to LE on a silver platter.

I think I'd be a mental case if I were a lawyer.

 

[Woe.be.gone]

Just realized I called Zocco - "Keyes". Oops. I'm following too many cases.

They even look alike a little bit, no?

 

[Woe.be.gone]

Kelly last called on her cell on Wend she called her Mother , Father and Ex boyfriend all within about a hour or so.

What's the deal with the ex-boyfriend?

Ex-boyfriend is new "news" to me, too!

:waitasec:

Here's where we have to be careful though.
Kelly's mom referred to KZ as Kelly's boyfriend and that he had been for nine months to a year as far as Kelly (per mom's belief) is concerned.

We can't drag someone's ex boyfriend into the case unless there's a reason for doing so. Had he been harrassing Kelly or were they still getting together up until the time she disappeared? Without concrete knowledge about him and their history, it's totally wrong to create suspicion surrounding him imo.
Who doesn't have an ex boyfriend or two or three or . . . .?
The guy probably has a whole new other life going on now. How did the subject of the ex bf come up? I mean, what prompted the subject?

 

[Kipper_MKE]

I saw on the news yesterday that there was a search conducted based on a tip from a psychic. Any details on that tip? What did the psychic exactly say?

 

[Woe.be.gone]

http://www.cbs58.com/news/local-new...arch-East-Side-for-Kelly-Dwyer-233234261.html

Here's an article covering Oploc's search efforts.
The weather certainly hasn't been cooperating in order to attract people to come out to help with the searches.

Keep in mind too that Kelly's parents are older (not too old but older) and under severe emotional duress right now.
They may be incapable of searching now as it may be difficult for them to put one foot in front of the other at this time.
I understand.

 

[mke2013]

Here's where we have to be careful though.
Kelly's mom referred to KZ as Kelly's boyfriend and that he had been for nine months to a year as far as Kelly (per mom's belief) is concerned.

We can't drag someone's ex boyfriend into the case unless there's a reason for doing so. Had he been harrassing Kelly or were they still getting together up until the time she disappeared? Without concrete knowledge about him and their history, it's totally wrong to create suspicion surrounding him imo.
Who doesn't have an ex boyfriend or two or three or . . . .?
The guy probably has a whole new other life going on now. How did the subject of the ex bf come up? I mean, what prompted the subject?

I'm not saying arrest the guy! He is one of the last people she spoke to (although I never read that in media reports). I think everyone should be considered. They still have found her so they have to consider other angles.

 

[mke2013]

*haven't

 

[Oploc2005]

http://www.cbs58.com/news/local-new...arch-East-Side-for-Kelly-Dwyer-233234261.html

Here's an article covering Oploc's search efforts.
The weather certainly hasn't been cooperating in order to attract people to come out to help with the searches.

Keep in mind too that Kelly's parents are older (not too old but older) and under severe emotional duress right now.
They may be incapable of searching now as it may be difficult for them to put one foot in front of the other at this time.
I understand.

Very few people showed up 6-8 we recovered cell but it was not Kellys Psychic said wooded area near water pretty vague. We have plans to bring k9 team down next weekend guy by name Robert T Larson. Right now cops won't even release what she was wearing or anything very frustrating. Time lapsed cameras we must know did she leave. KZ says they go to apt then they leave to get drugs so is this story true if not toss obstructing charge in mix. Kelly made 3 calls dad , mom and ex Bf on wend then spent night with Jay from kenosha after my questioning of him he states he left approx 11:45pm wend evening they texted back and forth till thursday after noon. No one saw her after thursday night. There was possibly text friday from kenosha guy and a reply from kelly but this cant be confirmed. Although kenosha guy has a questionable criminal pass unless we can confirm she left apt or not we are stuck with her not leaving apt. If we can confirm she left then we can look beyound KZ if not we are at a stsnddstill. What do we do next were do we start K9 were do we search and do we take psyic serious. Im pulling my hair out and I don t have much left. The K9 was suppose to come down this week but there vehicle was totalled in accident and while I would love to help with transportation I can't as I am financially strapped and was let go from my job this week hoping to find new employment asap. I have spent a lot of money on case already and will never charge family anything. With this said no time is better then now for someone to come forward with information because I can not give up till we ffindkelly. I am thinking of holding a fundraiser locally to offset cost of everything. Its in my heart to find every Missing person and Im hoping that somehow someway God provides some help and guildance

 

[Oploc2005]

http://www.cbs58.com/news/local-new...arch-East-Side-for-Kelly-Dwyer-233234261.html

Here's an article covering Oploc's search efforts.
The weather certainly hasn't been cooperating in order to attract people to come out to help with the searches.

Keep in mind too that Kelly's parents are older (not too old but older) and under severe emotional duress right now.
They may be incapable of searching now as it may be difficult for them to put one foot in front of the other at this time.
I understand.

Very few people showed up 6-8 we recovered cell but it was not Kellys Psychic said woodex area near water pretty vague. We have plans to bring k9 team down next weekend guy by name Robert T Larson. Right now cops won't even release what she was wearing or anything very frustrating. Time lapsed cameras we must know did she leave. KZ says they go to apt then they leave to get drugs so is this story true if not toss obstructing charge in mix. Kelly made 3 calls dad , mom and ex Bf on wend then spent night with Jay from kenosha after my questioning of him he states he left approx 11:45pm wend they twe n this week hey texted back and forth till thursday after noon. No one saw her after thursday night. There was possibly text friday from kenosha guy and a reply from kelly but this cant be confirmed. Although kenosha guy has a questionable criminal pass unless we can confirm she left apt or not we are stuck with her not leaving apt. If we can confirm she left then we can look beyound KZ if not we are at a standstill. What do we do next were do we start K9 were do we search and do we take psyic serious. Im pulling my hair out and I don t have much left. The K9 was suppose to come down this week but there vehicle was totalled in accident and while I would love to help with transportation I can't as I am financially strapped and was let go from my job this week hoping to find new employment asap. I have spent a lot of money on case already and will never charge family anything. With this said no time is better then now for someone to come forward with information because I can not give up till we ffindkelly. I am thinking of holding a fundraiser locally to offset cost of everything. Its in my heart to find every Missing person and Im hoping that somehow someway God provides some help and guildance

 

[Oploc2005]

How did searching go today? Thank you so much for your efforts. Wish I could have been there.

Search went okay found cell in high brush but it was not related. There was more media then volunteers so it was not a total failure because some press is better then no press as long as her story is on news no one can give up and it stays in peoples hearts and minds. Kellys dad became sick so he could not make it.

 

[Oploc2005]

OT but here's a 15 year old girl who went missing one week ago, also North side, Milwaukee. Most certainly unrelated to Kelly, but Mykala and Cassandra's ^^^^disappearance could be related? `

http://www.jsonline.com/news/crime/...ssing-since-friday-b99146586z1-232644731.html

I have reached out to family had company offer reward but the family wants control of reward so company backed out. After seeing a family member downtalk cassandra saying she lies and is addicted to drugs I looked her up and yes she has both theft and drug charges pending and warrants on both cases. I'm hoping that she took off for warrants because if nit this case scares me with what family is claiming happened.

 

[Oploc2005]

OT but here's a 15 year old girl who went missing one week ago, also North side, Milwaukee. Most certainly unrelated to Kelly, but Mykala and Cassandra's ^^^^disappearance could be related? `

http://www.jsonline.com/news/crime/...ssing-since-friday-b99146586z1-232644731.html

I have reached out to family had company offer reward but the family wants control of reward so company backed out. After seeing a family member downtalk cassandra saying she lies and is addicted to drugs I looked her up and yes she has both theft and drug charges pending and warrants on both cases. I'm hoping that she took off for warrants because if nit this case scares me with what family is claiming happened.

 

[Justiceforever]

I have reached out to family had company offer reward but the family wants control of reward so company backed out. After seeing a family member downtalk cassandra saying she lies and is addicted to drugs I looked her up and yes she has both theft and drug charges pending and warrants on both cases. I'm hoping that she took off for warrants because if nit this case scares me with what family is claiming happened.

Thank you for that Oploc. The family thinks she has been taken to repay a debt. According to this blog.

http://blogs.riverfronttimes.com/dailyrft/2013/11/cassandra_lafave_milwaukee_missing.php

Comments from the admin of her facebook page (her sister or mother) I can't recall at the moment, seems to confirm that.

Also that the MPD has advised them to not contact the media. :banghead:

Since this is OT, I will direct you to her WS thread here...

WI WI - Cassandra Lafave, 25, Milwaukee, 18 Nov 2013 - Websleuths Crime Sleuthing Community