Cinderella Posted August 21, 2008 #1 Posted August 21, 2008 what exactly does it mean that the guys attorney has file a Motion for Discovery ? he also put in a motion for bond reduction...... i keep checking the public court records daily to see if anything new shows up and these entries were added to the record yesterday.
Guest Brad25ca Posted August 21, 2008 #2 Posted August 21, 2008 A Motion for Discovery requires the other party provides you (or your attorney) with all evidence that they plan to use against you as well as the names of each person they intend to call as witnesses against you. A Motion for Bond Reduction is a motion that asks the court to reduce the amount of surety (or bond) required to release the accused on bail or recognizance.
Cinderella Posted August 21, 2008 Author #3 Posted August 21, 2008 thank you my mind just didnt want to grasp the language they used to explain this when i looked it up online. i understood the bond reduction and i pray to God they dont allow this.
Snarley Bill Posted August 21, 2008 #4 Posted August 21, 2008 thank you my mind just didnt want to grasp the language they used to explain this when i looked it up online. i understood the bond reduction and i pray to God they dont allow this. cindy they always ask for bond reduction, but sounds like the judge who set the bond in the first place has no tolerance for this jerk, so you may have no worries. besides he would probably have to have alot of collateral to get any kind of bond, cuz i don't think they would lower it that much.
skidrow Posted August 21, 2008 #5 Posted August 21, 2008 CYNDI, I Think you need to focus on fighting back. Start asking questions around your "hood". Start asking other mom's if their kids spent anytime at this creep's home. How long has he lived there? What about at his old neighbor hood? There quite possibly may be more victims..the LEO's may not look into this very far. What if they miss a victim and nobody knows. This guy might get off lighter without another child backing up your baby's story. This may help redirect your's and Dale's anger into some positive mental attitudes. Does anyone on this forum agree with me or am I totally of base?
StarRider07 Posted August 21, 2008 #6 Posted August 21, 2008 Cindy, I totally agree with skidrow. Go door to door in your neighborhood. You may find out things that will help keep this a$$hole in prison for a very very long time. Do some investigating. Like skidrow said, try to find out where he moved from. He may have moved from there because of a simular situation that may or may not have been reported. Just my two cents. I wish you all the very best. God bless you all. Greg
juggler Posted August 21, 2008 #7 Posted August 21, 2008 CYNDI, I Think you need to focus on fighting back. Start asking questions around your "hood". Start asking other mom's if their kids spent anytime at this creep's home. How long has he lived there? What about at his old neighbor hood? There quite possibly may be more victims..the LEO's may not look into this very far. What if they miss a victim and nobody knows. This guy might get off lighter without another child backing up your baby's story. This may help redirect your's and Dale's anger into some positive mental attitudes. Does anyone on this forum agree with me or am I totally of base? You can never have enough fire power or too many witness to back up your case. The catch 22 is it is better to have more victims to come forward, but that means there are more people that suffered at the hands of this guy. Cindy, you definitely need to get your neighbors informed and have them ask their kids if they had contact with this guy. Also, motions of Discovery are sometimes filed early on to force the prosecution to turn over evidence before they have had time to gather all of the evidence. However, it is required by that BOTH sides share ALL the evidence they have found, whom they intend to call as witnesses and the results of any and ALL outside analysis of evidence or physical exams. Also kind of critical, when this guy admitted guilt, did he do so before or after he was arrested and Mirandized? Find out from the prosecutor handling the case. Some lawyers have tried to get spontaneous admissions of guilt thrown out as inadmissible in court because the defendant was not informed of his/her rights prior to blurting out "I did it". However, his admission of guilt is admissible. I found this in a court ruling http://courts.state.ar.us/opinions/2003a/20030515/cr02-767.html See “II. Suppression of Statements” It is well settled that a suspect's spontaneous statement, although made in police custody, is admissible against him or her. See Fairchild v. State, supra. It is irrelevant whether the statement, if in fact spontaneous, was made before or after Miranda warnings had been issued, or whether appellant was in custody. Id. We have held that a spontaneous statement is admissible because it is not compelled or the result of coercion under the Fifth Amendment's privilege against self-incrimination. Id. On review, we focus on whether the statement was made in the context of a police interrogation, meaning direct or indirect questioning put to appellant by the police with the purpose of eliciting a statement from him or her. See Rhode Island v. Innis, 446 U.S. 291 (1980). Yes, I am a geek and I like to read court rulings.. I know I’m weird. I hope this helps.
Cinderella Posted August 22, 2008 Author #8 Posted August 22, 2008 believe me i understand everyones concern that other children may have been victims....but at this point it is in our best interest to let the police and the childrens services check this out. Firstly there really arent any other young children in direct neighborhood they are mostly older people.....a cpl with young kids JUSt moved in on the other side of him and i know there hasnt been any contact. my concerns are his young niece whom H always went over there to play with as H told me when she told me everything else that he had shown his privates to them both one other time........the police and childrens services have been given this info and know i am concerned and will pursue it when times right.
brscooter Posted August 22, 2008 #9 Posted August 22, 2008 You can Google his name and sometimes it will come up. From experience the motion of probable cause is a ploy and will be cancelled or used just to see if you daughter is able to testify. Some kids are strong enough to and some are not.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now