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View Full Version : VA - AMBER ALERT: Brittany Mae Smith, 12, Salem, 2 Dec 2010 - #5



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Salem
12-10-2010, 08:54 PM
Please continue here.

Thread 4

Thread 3

Thread 2

Thread 1


Salem

ETA: Link to live streaming: http://www.wdbj7.com/news/livestreaming/

Lera213
12-10-2010, 08:55 PM
FIrst

A_News_Junkie
12-10-2010, 08:55 PM
LINK to press conference scheduled for 8 EST!
http://www.wdbj7.com/news/livestreaming/

SHE WAS FOUND ALIVE!!!!!!!!!
:woohoo::woohoo::woohoo::woohoo::woohoo:

belimom
12-10-2010, 08:55 PM
Thank you! Presser starting in five minutes:
http://www.wdbj7.com/news/livestreaming/

Lera213
12-10-2010, 08:56 PM
GOsh I feel so anxious right now!

passionflower
12-10-2010, 08:56 PM
talking about a parade???

lynnb
12-10-2010, 08:56 PM
I think the guy talking from wdbj7 is the Chris Hurst who was on here the other night.

illeKllaH
12-10-2010, 08:56 PM
How was the parade? Were there a lot of people there even though it was cold? HaHa.

Just a warning guys, we are live right now.

passionflower
12-10-2010, 08:57 PM
Now Tina Smith can be laid to rest.
May she get justice now!

illeKllaH
12-10-2010, 08:58 PM
Ashley Roberts just said the S word!

mikeysmommom
12-10-2010, 08:58 PM
Thank GOD she is safe and alive, her family must be thrilled! I am so glad we get a happy ending of sorts.

passionflower
12-10-2010, 08:58 PM
Britany is a very lucky girl to be safe and found!
Her mom must of been her guardian angel!!

Dema
12-10-2010, 08:58 PM
Should be no problem with extradition. There was a guy on death row in CA who was extradited here to VA for a trial. Didn't make much sense to me, but I guess they were tying up loose ends.

Lera213
12-10-2010, 08:58 PM
That ashely roberts needs to stop cursing. LOL

A_News_Junkie
12-10-2010, 08:59 PM
How was the parade? Were there a lot of people there even though it was cold? HaHa.

Just a warning guys, we are live right now.

Ashley Roberts from Channel 10 just said ship - but the last letter was really a T! LOL:dance: And she did it again while I was typing this! OMG - lady he told you they were streaming live online!

mikeysmommom
12-10-2010, 09:00 PM
Dont they know they are on lol

~Lisa~
12-10-2010, 09:00 PM
NG is covering it

sarx
12-10-2010, 09:00 PM
La Playa Safeway is where a shopper or employee saw the two of them arguing and recognized the two of them from the NG show and called police says local bay area live news.

Japandaaa
12-10-2010, 09:00 PM
GOsh I feel so anxious right now!

I am too !

:woohoo:

illeKllaH
12-10-2010, 09:01 PM
That ashely roberts needs to stop cursing. LOL

She has more personality OFF air than she did on NG last night. My mom asked, "Is this her real job?" when we saw her on NG.

belimom
12-10-2010, 09:01 PM
Starting....

Cazzie
12-10-2010, 09:01 PM
SO WONDERFUL, this news!!! :woohoo:

sarx
12-10-2010, 09:01 PM
Booked at the Richmond sub station and have since been moved.

belimom
12-10-2010, 09:02 PM
Brittany is well - in good hands. JE in custody of SF police.

KR2tonenow
12-10-2010, 09:02 PM
Presser on NOW!

mikeysmommom
12-10-2010, 09:02 PM
Presser is on Nancy Grace

~Lisa~
12-10-2010, 09:03 PM
Bs and JE were in a store when someone saw them and called LE

Japandaaa
12-10-2010, 09:03 PM
Great job to whoever called in the tip of seeing them inside the store !!!

belimom
12-10-2010, 09:03 PM
Brittany been in touch family, who awaits her return to Virginia.
Were in a retail store where they were recognized by someone who had seen the alerts or posters or "something of those sorts".
Contacted SF police.
Arrested in the store? No.

WillenFan21
12-10-2010, 09:04 PM
Someone in a retail store in SF, California recognized them and they called LE immediately because they recognized Brittany on the posters. OMG you guys this is a miracle!! A MIRACLE that someone recognized her,.

A_News_Junkie
12-10-2010, 09:04 PM
Great job to whoever called in the tip of seeing them inside the store !!!

I HOPE IT WAS A WS in the retail store that spotted them! THAT WOULD BE COOL!

passionflower
12-10-2010, 09:04 PM
WOW secret service!

belimom
12-10-2010, 09:05 PM
Thanks media for getting word out - says might not be where we are tonight w/o that help.
Thanks FBI, US Marshal Svc, lots of of LE agencies mentioned. (This guy isn't so good, huh?)
Fantastic assistance.
How did get to SF? don't know at this time
No resistance at arrest.
There all week? Don't know. Still getting bits/pieces of the facts.

epiphany
12-10-2010, 09:05 PM
There was no resistance.

illeKllaH
12-10-2010, 09:05 PM
The guy in the back needs to smile!

~Lisa~
12-10-2010, 09:05 PM
JE did NOT resist when he was arrested

gitana1
12-10-2010, 09:05 PM
Yipee!!!!!!!!!! So glad she's safe and the predator has been caught.

epiphany
12-10-2010, 09:06 PM
Coming back to VA; has been in touch w/her family; may have to get in touch w/Soc Serv out there.

WillenFan21
12-10-2010, 09:06 PM
OH DEAR LORD. She knows that her mother is dead!

KaylynnCouture
12-10-2010, 09:06 PM
LE is still looking for the vehicle.

Questioning JE currently.

epiphany
12-10-2010, 09:06 PM
She is aware her mom is deceased.

brighidin
12-10-2010, 09:07 PM
Can't watch the presser/ I'm so glad they found her. I hope she is okay and I'm sad that her mother is gone. Seems like she has a loving extended family to help her through everything.

belimom
12-10-2010, 09:07 PM
When will she come back? ASAP but may have to work with social svcs out there. Assuming a family member will go back.

Know her mom is dead? Yes.
How did she find out? Don't know.
BS is well, not harmed, no visible signs of injury.
Still looking for vehicle.
Questioning JE at this time but hasn't relayed info to Roanoke yet.
Located somewhere near a camp, within walking distance from retail store.

matou
12-10-2010, 09:07 PM
excellent news!!! They were located near a camp near the retail store.

KaylynnCouture
12-10-2010, 09:07 PM
Located "somewhere near a tent within walking distance of the retail store".

sarx
12-10-2010, 09:07 PM
In tent

Coldpizza
12-10-2010, 09:07 PM
Willen you had asked what was extradition.

For example, a warrant was placed in one state for a persons arrest. But another state picks that person up for a different arrest. The originating state can ask for "extradition" or demand that person be "transported' to their state or country to be held accountable.

http://en.wikipedia.org/wiki/Extradition_law_in_the_United_States

epiphany
12-10-2010, 09:07 PM
Located somewhere near a tent?; within walking distance to t retail store.

belimom
12-10-2010, 09:07 PM
Doesn't have name of store.
Fantastic sense of relief - knows in his heart that it's b/c of MSM that she was found.

gitana1
12-10-2010, 09:08 PM
This is such a trip. I had a fleeting thought a couple days ago thinking I'd better keep a look out but then I thought it was unlikely they would be in California.

lynnb
12-10-2010, 09:08 PM
The guy in the back needs to smile!
not to be O/T, but I wouldn't be heartbroken if that guy frisked me

KR2tonenow
12-10-2010, 09:08 PM
Brittany may be escorted back to VA by a family member.

WillenFan21
12-10-2010, 09:08 PM
I don't know about anyone else but this freaking case needs to be used as an example as to why a NATIONWIDE Amber Alert should go out in all 52 states when a child is abducted.

belimom
12-10-2010, 09:08 PM
He may waive extradition and be back in a week, or fight it and take months.

epiphany
12-10-2010, 09:08 PM
Take him to judicial officials in San Fran; if he refuses to waive extradition we will have to wait 30 days...

KaylynnCouture
12-10-2010, 09:08 PM
No additional charges (i.e.-murder) have been made against JE at this time.

passionflower
12-10-2010, 09:08 PM
no resistance...........tent area in walking distance of the store.
Thank goodness for that store clerk that saw them fighting.

no additional chrages at this time

gitana1
12-10-2010, 09:08 PM
No additional charges against JE yet.

A_News_Junkie
12-10-2010, 09:09 PM
No name for store. He said he might be able to give us more info later - hope he means tonight.
Will he be extradited back - they will have to take him before San Fran court and if he waves extradition he will be right back within the week. If not could take up to 30 days to get him back - IE: if he fights the extradition.

belimom
12-10-2010, 09:09 PM
No add'l charges yet.
Won't release how TS died.

~Lisa~
12-10-2010, 09:09 PM
Still won't reveal how TS died.
That really bothers me

sarx
12-10-2010, 09:09 PM
Oh crap, I think I know exactly where they were. They were in Golden Gate Park down by the beach.

epiphany
12-10-2010, 09:09 PM
Chief is so happy; can hear tremendous relief in his voice!

belimom
12-10-2010, 09:09 PM
How'd you find out? SF police called Sgt Mason (in charge of investigation). Got info around 6:00pm

elepher50
12-10-2010, 09:10 PM
WHOOT - haven't read the details yet but thank you Jesus - prayers have been answered!!

epiphany
12-10-2010, 09:10 PM
Party atmosphere upstairs! ---Chief says.

belimom
12-10-2010, 09:10 PM
Party atmosphere when she was located.
Stopped along way to SF? Been there all week? Don't know. No timeline yet.

matou
12-10-2010, 09:10 PM
San Francisco???? OMG

KaylynnCouture
12-10-2010, 09:10 PM
BS is talking to police officials currently in SF.

quiqui
12-10-2010, 09:10 PM
I just got a text that the Amber Alert had been canceled...so glad Brittany is safe!

belimom
12-10-2010, 09:11 PM
BS forced to go? Don't know but BS is talking with officials now.
Who contacted her family that she had been found? Don't know.

KaylynnCouture
12-10-2010, 09:11 PM
Chief says "we'll see some things happen, hopefully in the next week" in regards to TS murder investigation.

illeKllaH
12-10-2010, 09:11 PM
Still won't reveal how Tina died.

epiphany
12-10-2010, 09:11 PM
Murder charge for JE?---i don't know; ramp up t investigation; see some things the next week.

matou
12-10-2010, 09:11 PM
They were located 2,730 miles away.

belimom
12-10-2010, 09:11 PM
Charging him with murder? Don't know. Ramping up investigation.
Putting Kevin Faust with FBI on to say a words, then Lt. Mason will speak.

passionflower
12-10-2010, 09:11 PM
oh my look at that 1 pix of JE in stripped shirt........diabolical looking

What did Tina Smith see in this jerk???

sam24
12-10-2010, 09:12 PM
they are deliriously happy!! just like all of us!!

Japandaaa
12-10-2010, 09:12 PM
I don't know about anyone else but this freaking case needs to be used as an example as to why a NATIONWIDE Amber Alert should go out in all 52 states when a child is abducted.

Amen !

I just said this EXACT thing to my mother.

KaylynnCouture
12-10-2010, 09:12 PM
Still won't reveal how Tina died.

That's concerning. Why can't they say?

sarx
12-10-2010, 09:12 PM
Bringing fwd from page 1 where I first posted it. The store was the La Playa Safeway which is in the Richmond District (which is where he was booked). It is down by the Great Highway, The Cliff House and Golden Gate Park

belimom
12-10-2010, 09:12 PM
Faust (FBI): thanking LE, NCMEC, Chief Lavender, etc. Good leadership.

epiphany
12-10-2010, 09:12 PM
confirmed Safeway

illeKllaH
12-10-2010, 09:13 PM
omg!! per LE on the TV just said they don't know if JE is being charged with murder! OH GOD. Do you think Brittany did it?

It'll come in time. I'm sure they'll wait until he is back in VA for it to happen. No way he can't be charged...<modsnip>.

passionflower
12-10-2010, 09:13 PM
SAFEWAY store

WillenFan21
12-10-2010, 09:13 PM
Found in Safeway Retail Store in San Fran per Nancy Grace saying they have confirmed that is where she was found.

matou
12-10-2010, 09:13 PM
Seen in a Safeway and the clerk called it in when they were recognized.

MsBashterd
12-10-2010, 09:13 PM
I have to say THANK the LORD may BS's healing begin. After all the heart breaking tragedy's of late right now all I can say is A Christmas miracle for her family and for all of us at WS's for the first time in quite awhile I cry tears of joy. Tomorrow I will again mourn the lose of her beautiful mother but tonight I cry in happiness for the reunion of Brittnay and her family.

Merry Christmas to all!!!!!! Praise the Lord!!!!

Lera213
12-10-2010, 09:13 PM
Party atmosphere when she was located.
Stopped along way to SF? Been there all week? Don't know. No timeline yet.
This tells me that LE knows that BS was not involved in her mother's murder and was in fact abducted. I don't think it would be a party atmosphere if her being found was also cloudy by her involvement and the fact that she is talking, and he said a family member probably will escort her home also goes to LE knowing she was not an active player.

I hope I'm not wrong in my opinion.

impatientredhead
12-10-2010, 09:13 PM
That's concerning. Why can't they say?

He hasn't been questioned yet.
If he knows how she died when it hasn't been released that can used against him. They have no reason to tell the public yet, and shouldn't.

belimom
12-10-2010, 09:13 PM
Lt Mason...

Phone call you received? In command ctr when a calltaker at phone bank hollered his name across room, put him in touch with someone with SF PD. Believed they had JE and BS. Brief conversation confirmed details. Things happened quickly thereafter.

KR2tonenow
12-10-2010, 09:14 PM
Way to go-SF!!~

illeKllaH
12-10-2010, 09:14 PM
That's concerning. Why can't they say?

Good question. Probably waiting to talk to him, I would assume. The grandmother has said that LE wouldn't tell them anything but they knew Tina was beaten.

He was very short on the answer. It was like:

Now that B is safe, will you disclose how TS was killed?
NO.

KaylynnCouture
12-10-2010, 09:14 PM
Sending 2 detectives to escort Brittany back to VA. 2 detectives will also go to interview BS and JE.

belimom
12-10-2010, 09:14 PM
Did you think phone call was false siting? No. They already had pretty good details - clear they had the right people.

Altered appearance? Don't know.

Did they ID....(missed it)? yes, that was part of it.

Chief:

2 LE will escort BS back, 2 LE will escort JE back.

sarx
12-10-2010, 09:15 PM
The store in question is the La Playa Safeway, which is in the Richmond District (which is where he was booked). It is near the Great Highway and Golden Gate Park is right there (where I'm guessing the tent was, it's close and they wouldn't stand out.

sam24
12-10-2010, 09:15 PM
A call center person answered call from SF police dept and said they believed they had JE and BS. They do not know if they had changed their appearance or not. SF had good detail and knew they had the guy by tattoos before calling Salem. Sending two detectives out for Brittany and two detectives out JE. Will ask BS family if they want to go.

Lera213
12-10-2010, 09:15 PM
oppsie the chief just called them both SUSPECTS! Oh Boy!

belimom
12-10-2010, 09:15 PM
Can BS spend time with family first? Flexible, very flexible.

belimom
12-10-2010, 09:16 PM
Wow. 2 LE escorting Brittany, flexible regarding letting her spend time with family before questioning, won't say if JE will be charged with murder... Starting to get worried. :(

sarx
12-10-2010, 09:16 PM
The store in question is the La Playa Safeway, posted that on page 1, which is in the Richmond District (which is where he was booked). It is near the Great Highway and Golden Gate Park is right there (where I'm guessing the tent was, it's close and

KeenEyes
12-10-2010, 09:16 PM
How do we bump AmyMarie1's first post about the truck driver/CA/facebook since it is in a closed thread? I think she may be on to something. Should she contact LE? I was in the process of applauding her keen investigative instinct when the thread closed and lost my post, so: :clap:

SevenSeas
12-10-2010, 09:16 PM
He just called them both subjects???? But, earlier he said she could be escorted back by her family... Hmmmmmm?

illeKllaH
12-10-2010, 09:17 PM
oppsie the chief just called them both SUSPECTS! Oh Boy!

Grrrrrrrrrrr. I turned the live feed off to watch on TV. They REALLY said she was a suspect?!

matou
12-10-2010, 09:17 PM
She knows her mother is dead.

angeleleven
12-10-2010, 09:17 PM
The store clerk should be rewarded. I am so happy she is found safe.

KR2tonenow
12-10-2010, 09:18 PM
Bs and JE were in a store when someone saw them and called LE

That's amazing! SF has a lot of people in it. That Jeff E looks like a homeless man. I bet he recognized Brittany though.

passionflower
12-10-2010, 09:18 PM
The clerk heard them argue........I wonder about what they argued about???
BS never asked or yelled for help, but argued loud enough for attention.
Britany DOES KNOW that her mom is dead.

SuziQ
12-10-2010, 09:18 PM
oppsie the chief just called them both SUSPECTS! Oh Boy!

And later he said subjects and that two detectives for each subject to bring them back. BS family member may accompany. Interesting the LE escort.

gitana1
12-10-2010, 09:18 PM
I don't. I think he did it. Her body language in the walmart still shot seemed somewhat similar to Shasta Groene's in the surveillance at the gas station - kind of held in and scared. Not as scared as Shasta but similar.
I think this was a confused kid who felt rebellious, thought she loved this creep but also felt intuitive fear about him. At that age, it's possible to feel both feelings. I'm positive he sexually abused her and she likely had sick feelings about that but maybe also a bit of conflict.
She seems too young to completely grasp everything that happened, even if she knew he killed the mom.

Lera213
12-10-2010, 09:18 PM
Grrrrrrrrrrr. I turned the live feed off to watch on TV. They REALLY said she was a suspect?!

He said "We will want to talk to both Suspects" This came right after him talking about them being escorted home.

sam24
12-10-2010, 09:19 PM
Reporter at mom's house says three officer cars showed up at house shortly after 6 so reporters knew something was going on. Police said they were there to gather something, unknown at this time what that was, from the house. Neighbors are happy.

passionflower
12-10-2010, 09:19 PM
Clerk saw the story on CNN news........hope she is a WS'er also.

KR2tonenow
12-10-2010, 09:19 PM
Clerk heard about this from the CNN show, Yay Nancy!!

SuziQ
12-10-2010, 09:19 PM
Reporter on scene by phone saying that they, LE, need to get back into house right now. Waiting for case investigator.

illeKllaH
12-10-2010, 09:19 PM
I pray to God that she had nothing to do with the murder. It's not sounding like they're too optimistic. Certainly there's something that they think might link her to come out and call a 12 year old a suspect?

KR2tonenow
12-10-2010, 09:20 PM
The store in question is the La Playa Safeway, posted that on page 1, which is in the Richmond District (which is where he was booked). It is near the Great Highway and Golden Gate Park is right there (where I'm guessing the tent was, it's close and

That's right. But, people are not permitted to sleep in the park at night, but I am sure that doesn't stop them however.

belimom
12-10-2010, 09:20 PM
He just called them both subjects???? But, earlier he said she could be escorted back by her family... Hmmmmmm?


And later he said subjects and that two detectives for each subject to bring them back. BS family member may accompany. Interesting the LE escort.

At first, the Chief said family could bring her back. Then after FBI and Lt Mason spoke, he changed his story and mentioned the escorts. And said that family could accompany LE if they wanted to - but did not say that she would be released to her family. :waitasec:

lynnb
12-10-2010, 09:21 PM
did they just say it may take 30 days before Easley returns to Virginia?

sam24
12-10-2010, 09:21 PM
Brittany's grandmother said she 'was drunk without being drunk' and it 'was party time'.

passionflower
12-10-2010, 09:21 PM
Now for Britney's story.
She will be examined for abuse (sex) in SFran.

epiphany
12-10-2010, 09:21 PM
B talking to San Fran Police.

Guest---Forensic Path: B likely will undergo examination by someone who is highly skilled in this type of situation

Lera213
12-10-2010, 09:22 PM
BS is talking they said...perhaps she told them something about the murder and what weapon or evidence, so the police go to the house to retrieve the evidence.

A_News_Junkie
12-10-2010, 09:22 PM
oppsie the chief just called them both SUSPECTS! Oh Boy!

I heard him say SUBJECTS not suspects - where did you hear suspects??????? Using the term subjects is not in anyway saying they were both suspects - that is just a LE term for the people whom they are speaking of.

gitana1
12-10-2010, 09:22 PM
Good question. Probably waiting to talk to him, I would assume. The grandmother has said that LE wouldn't tell them anything but they knew Tina was beaten.

He was very short on the answer. It was like:

Now that B is safe, will you disclose how TS was killed?
NO.

Yeah. If they disclose it before questioning him, then any confession by him could be compromised.

illeKllaH
12-10-2010, 09:23 PM
did they just say it may take 30 days before Easley returns to Virginia?

If he fights extradition, yes. John Skelton is still in MI awaiting his extradition hearing.

A_News_Junkie
12-10-2010, 09:24 PM
did they just say it may take 30 days before Easley returns to Virginia?

If he fights extradition yes.
If he waves an extradition hearing he will be back within the week.

Lera213
12-10-2010, 09:24 PM
I heard him say SUBJECTS not suspects - where did you hear suspects??????? Using the term subjects is not in anyway saying they were both suspects - that is just a LE term for the people whom they are speaking of.

It sounded like suspects to me, however the Chief's accent I could have misunderstood but I heard suspects.

belimom
12-10-2010, 09:24 PM
A couple of parks nearby, within walking distance....

http://www.websleuths.com/forums/attachment.php?attachmentid=12748&stc=1&d=1292030671

cleo612
12-10-2010, 09:25 PM
oppsie the chief just called them both SUSPECTS! Oh Boy!

I heard him call them "subjects," not "suspects."

epiphany
12-10-2010, 09:25 PM
LJ, Aunt of TS, Great Aunt of Brittany on the phone:

we are elated; her father has talked to her

passionflower
12-10-2010, 09:26 PM
It's sad, happy and confusing for that poor family.
Dad asked names of their dogs to make sure it was Britany.
Great aunt talking to reporter on NG

A_News_Junkie
12-10-2010, 09:26 PM
Lois Choquette being interviewed via phone on NG right now! Oh and other good news, Nancy is off tonight!

~Lisa~
12-10-2010, 09:27 PM
yep. This is what i have figured all along! I think she was right along with him and I think the nervousness that everyone has pointed out was her being worried about being caught. I know that either way its a crime but I am just saying I think she went willingly and I have a feeling the reason Tina's cause of death isn't being released is most likely due to Brittany being involved in it.



That's why I haven't been posting here just reading.
ITA I think she was involved...jmo

Dema
12-10-2010, 09:27 PM
did they just say it may take 30 days before Easley returns to Virginia?

If he fights extradition, there will be hearings out in SF and it could take up to 30 days for him to be brought back.

SmilingSweetly
12-10-2010, 09:27 PM
The store clerk should be rewarded. I am so happy she is found safe.

I agree! I live in Cali and nobody knows about this. How awesome that the clerk knew and also called it in! Too many people would just think it was not them and move on!

gitana1
12-10-2010, 09:28 PM
Well, JE must be extradited. He is under arrest. The same cannot be said for Brittany yet so I remain hopeful that she did not harm her mother or had anything to do with a plan to do so.

duckingoff
12-10-2010, 09:29 PM
So happy kiddo is safe. Thank you Lord!!!!! Beer thirty so glad to have virtually met you all peace out wooohooo!!!

KR2tonenow
12-10-2010, 09:29 PM
I heard him call them "subjects," not "suspects."

That's what I heard too!

Patty G
12-10-2010, 09:30 PM
I recorded the presser with AUDIO only and the video is in the que to be uploaded to my YT channel. I figure within the hour (9:30 PM EST)the video will be available to listen to.

http://www.youtube.com/Sierra1947

I am also recording NG and that will be uploaded to my channel amd viewable ~10:30 PM EST as long as YT runs smoothly. :)

impatientredhead
12-10-2010, 09:30 PM
That's why I haven't been posting here just reading.
ITA I think she was involved...jmo

God I hope not.
I have so few of these cases that I give anyone the benefit of the doubt.
For her own sanity I hope she didn't have anything to do with it. Even if she saw it happen or "willingly" left afterwards, I can't judge her for that. She encountered evil incarnate and lived to tell about it so I can't say she handled any of it wrong from that front. But knowing her mother was going to be killed before it happened, I pray that isn't the case.

KaylynnCouture
12-10-2010, 09:30 PM
The Roanoke County YouTube page should have the presser up within the next few hours, I'd think. For anyone who missed it, they can watch it again here- http://www.youtube.com/user/RoanokeCounty once it is uploaded.

A_News_Junkie
12-10-2010, 09:30 PM
It sounded like suspects to me, however the Chief's accent I could have misunderstood but I heard suspects.

I have NG recording so I will replay it and post it if he did indeed say suspects. But I heard subjects. I even giggled to myself that he is such a cop he can't say their names.
If he said subjects that is huge and I will get my camera out an tape it and upload it if it is not uploaded elsewhere first. I really think he said subjects though - and like I said I giggled at him using his cop buzz term!

gitana1
12-10-2010, 09:30 PM
That's why I haven't been posting here just reading.
ITA I think she was involved...jmo

I don't think she did anything that can cause her to be charged with murder but either way, she is a child who was lost and with a scary adult male so I thank God that she was found safe.

Patty G
12-10-2010, 09:30 PM
They expect Easley to be back in Virginia with the next week according to the presser.

illeKllaH
12-10-2010, 09:31 PM
Well, JE must be extradited. He is under arrest. The same cannot be said for Brittany yet so I remain hopeful that she did not harm her mother or had anything to do with a plan to do so.

He probably will be extradited after hearings if he doesn't waive...but there's nothing saying he MUST be. There's been cases where people haven't been extradited.

epiphany
12-10-2010, 09:31 PM
Replaying Chief:

she is in good hands, and he is in custody w/San Fran Police

KeenEyes
12-10-2010, 09:31 PM
did they just say it may take 30 days before Easley returns to Virginia?

If he fights extradition, could be this long due to hearings.

MsBashterd
12-10-2010, 09:31 PM
I heard him say SUBJECTS not suspects - where did you hear suspects??????? Using the term subjects is not in anyway saying they were both suspects - that is just a LE term for the people whom they are speaking of.

That is what I thought I heard also ANJ, but I was crying and typing and throwing high five's to the hubby all at the same time the presser was going on. But I could have sworn they said subjects not suspects.

OT a little but as soon as I saw the NG banner with her found I ran over to my chair and was screaming I need to get on WS NOW made my hubby chuckle cause I fell over one of the cat's trying to get to my laptop LOL :dance:

sam24
12-10-2010, 09:31 PM
I think the reason they are not saying how TS died is they will try to get a confession from JE. If it is known to the public and he admits to it, he can always change his mind and say 'well, no i really didn't do it, I heard it on the news.'
I'm sure they are not saying because they are going to get him to admit to as much as possible.

hollyblue
12-10-2010, 09:31 PM
LE is relieved! Like cheshire cats...imo.

BS is well and in good hands. She is aware her mother is dead. Has talked to family.

Easley in custody and being questioned in SF at the moment.

Caught in retail store....by person who saw report or poster. Captured outside of store. Tent near retail store.

Can only tell limited info.

Caught at 6 PM EST 3PM PST. Tattoos were part of recognition.

LE thanking media for all of their great help.

Detectives to fly out to CA on soonest flight they could get. BS's family may also go and accompany her back if they choose. LE wants to talk to her and of course JE. They see no problem with BS spending some time with family prior....they are flexible.

JE showed no resistance. Don't know the timeline of their trip or when they arrived or how. Car has not been found at this time.

BS will have to see Child Services before she comes home.

Chief thanked all the agencies: FBI, US Marshall Service, Secret Service??? and anyone else if he has forgotten.

FBI thanked all the local LE and spoke of great leadership in Chief Lavinder.

JE will go in front of judicial system for extradition to VA. If Judge does not wave extradition, hearing must be held----could take from 30 days to several months.

They do not know if she was abducted or in agreement. (Answer to press question)

They are not going to talk about murder investigation at this time nor say if JE will be charged.

Not known if they were wearing disguises.

passionflower
12-10-2010, 09:32 PM
Mr. Livander must of really thought this would end in another murder or murder/suicide,
because he is so happy.

illeKllaH
12-10-2010, 09:32 PM
They expect Easley to be back in Virginia with the next week according to the presser.

He said they HOPE to have in there in the next week. They don't know if he's going to waive the process, or not. He very well may not in which case it could be at least a month.

panthera
12-10-2010, 09:32 PM
I've listened to the news conference, and heard it said a few times that Brittany knows her mother is dead but what I haven't heard is who told her or when she found out. It was my opinion since this case broke she knew her mother had been killed before being taken away by JE, therefore I'm curious what the answer is. :waitasec: MOO

ETA: this same topic is being discussed now on NG's show.

Lera213
12-10-2010, 09:32 PM
Federal charges of abduction across state lines?

epiphany
12-10-2010, 09:34 PM
Guest: Victims of sexual abuse>with mother's homicide, it will be very difficult on her.
She may also be a witness.

Coldpizza
12-10-2010, 09:34 PM
I so agree with this man, she has a long road ahead, especially if she witnessed her mothers murder.

illeKllaH
12-10-2010, 09:34 PM
Federal charges of abduction across state lines?

Absolutely!

Fairy1
12-10-2010, 09:35 PM
That's why I haven't been posting here just reading.
ITA I think she was involved...jmo

Me too. I want to be wrong.

gitana1
12-10-2010, 09:35 PM
He probably will be extradited after hearings if he doesn't waive...but there's nothing saying he MUST be. There's been cases where people haven't been extradited.

I got ya'. My point is that he's been arrested and must go through extradition hearings. Not her. In order for him to return, he must be extradited because he was arrested. She has not been arrested and does not need to be extradited.

KR2tonenow
12-10-2010, 09:35 PM
On NG: Brittany may be a critical witness, many variables that this poor little girl has to go through. If you watch the tape, it gives you chills. Brittany stays really close to JE. Brittany is a victim here.

panthera
12-10-2010, 09:35 PM
Federal charges of abduction across state lines?

The crime certainly fits and being located 2,730 miles away. MOO

passionflower
12-10-2010, 09:35 PM
I'm wondering if BS was happy to be found?
What was her reaction?
Did she cry about her mom?
I hope we see the SAFEWAY tape of LE questioning them.
VA has DP...........

Coldpizza
12-10-2010, 09:36 PM
She is 12! She may have gone along willingly, but that may have saver her life.

illeKllaH
12-10-2010, 09:37 PM
I got ya'. My point is that he's been arrested and must go through extradition hearings. Not her. In order for him to return, he must be extradited because he was arrested. She has not been arrested and does not need to be extradited.

So far, they have nothing to arrest her for. However, she will be escorted back by LE.

SmilingSweetly
12-10-2010, 09:37 PM
Wondering how much cash they had and if the car was found with them or near their tent...

epiphany
12-10-2010, 09:38 PM
MickeySherman: Chief was media un-savvy. He was not there to politic. Very refreshing to see.

lonetraveler
12-10-2010, 09:38 PM
At first, the Chief said family could bring her back. Then after FBI and Lt Mason spoke, he changed his story and mentioned the escorts. And said that family could accompany LE if they wanted to - but did not say that she would be released to her family. :waitasec:

I'm glad to see that escorts will be with her. There is always the possibility that a family member could advise her to stop talking.

passionflower
12-10-2010, 09:38 PM
looking at the walmart tape........JE is loading the crt and nt using his left arm.
That is the same arm he has behind his back.
Is something wrong with the arm?
Was it hurt in the murder of Tina?

hollyblue
12-10-2010, 09:38 PM
Mr. Livander must of really thought this would end in another murder or murder/suicide,
because he is so happy.

No rest still...but I bet there were sighs of relief and maybe looking forward to a more restful night. They all had smiles ear to ear. LOL

illeKllaH
12-10-2010, 09:39 PM
Wondering how much cash they had and if the car was found with them or near their tent...

IIRC, they have not located the car yet.

Mendara
12-10-2010, 09:39 PM
OMB I am so happy thank you to the man who saw them! The public can stop this! We can!

passionflower
12-10-2010, 09:39 PM
4 det going to CA (2 for JE, 2 for BS) to bring them back to VA.

KR2tonenow
12-10-2010, 09:40 PM
Brittany is currently in the custody of child protective services in Calif. per Jean C.

sam24
12-10-2010, 09:40 PM
I'm wondering if BS was happy to be found?
What was her reaction?
Did she cry about her mom?
I hope we see the SAFEWAY tape of LE questioning them.
VA has DP...........
Her dad did not believe at first that it was her and asked her what his dog's name was so he was sure it was her.
Isn't that sad.

epiphany
12-10-2010, 09:40 PM
JeanC: 2 detectives sent for B. 2 for Easley. Brit in CP Custody now.

Guest: She is traumatized now and they must gain her trust.

zoomom
12-10-2010, 09:42 PM
Fulton & L Playa street are right next to Golden Gate Park.

gitana1
12-10-2010, 09:42 PM
So far, they have nothing to arrest her for. However, she will be escorted back by LE.

You're right. However, as others have noted, the fact that they seem so elated that she was found and are "partying" in celebration, and that fact that she will likely be spending time with her family prior to being questioned, leads me to believe that VA officials do not view her as a possible murderer or accomplice.

mikeysmommom
12-10-2010, 09:42 PM
Since she is a minor can they question her without a parents permission?

A_News_Junkie
12-10-2010, 09:42 PM
My thanking finger was getting stiff so for all I missed.....
http://i158.photobucket.com/albums/t105/LifeCoachOnTheCouch/betterthanks.jpg

belimom
12-10-2010, 09:42 PM
Brittany is currently in the custody of child protective services in Calif. per Jean C.

Glad to hear she's not in the custody of LE...

impatientredhead
12-10-2010, 09:43 PM
JeanC: 2 detectives sent for B. 2 for Easley. Brit in CP Custody now.

Guest: She is traumatized now and they must gain her trust.

She is also going to be humilated discussing sexual abuse with strangers. She twelve for godsake. And then discussing what led up to her mother dying. Not to mention JE has been playing mindgames with her for months. That will take some time to undo.

hollyblue
12-10-2010, 09:43 PM
Guest: Victims of sexual abuse>with mother's homicide, it will be very difficult on her.
She may also be a witness.

This child will be walking on emotional eggs shells for some time. I hope they get her some very good counseling....God Bless Her....angels have been working times folks. :angel::angel:

:angel: :angel:

Lera213
12-10-2010, 09:43 PM
ANyone want to bet who JE's attorney will be? I say Davis & Davis will handle it.

gitana1
12-10-2010, 09:44 PM
Since she is a minor can they question her without a parents permission?

I think so. If they are approaching this as trying to investigate what happened to her mostly, rather than questioning her as a possible suspect, they should be fine.

Cazzie
12-10-2010, 09:44 PM
I heard the Chief say "subjects"..."we certainly want to talk to these [2] subjects" (paraphrased).

Also, he said that if JE doesn't waive extradition, it could take (up to?) 30 days to a few months to get him back in VA.

illeKllaH
12-10-2010, 09:45 PM
You're right. However, as others have noted, the fact that they seem so elated that she was found and are "partying" in celebration, and that fact that she will likely be spending time with her family prior to being questioned, leads me to believe that VA officials do not view her as a possible murderer or accomplice.

I'm sure they're elated they found JE, as well. Involvement or not, I would expect them to be elated in finding her simply for the reasoning that most kids in her case aren't as lucky. I'm not saying she is involved...I pray to God she's not...but it's always an option until they say she isn't.

O/T...Now let's bring Jean Marie Berlinghoff home! Same situation minus the murder. Uncle abducted her and it's been over a month. Let's find Jean!

impatientredhead
12-10-2010, 09:46 PM
I think so. If they are approaching this as trying to investigate what happened to her mostly, rather than questioning her as a possible suspect, they should be fine.

If they talk to her as a victim without a parent present and no legal representation they can't use anything she says against her in a criminal proceeding.

illeKllaH
12-10-2010, 09:46 PM
ANyone want to bet who JE's attorney will be? I say Davis & Davis will handle it.

No one with 1/2 a brain! I'm calling public defender...as he has no money.

Soulmagent
12-10-2010, 09:46 PM
They wont arrest Brittany in virginia until they have a statement from her
. IMO her police officer dad should get her an Lawyer with a quickness even if she is innocent he will not want her statements to be able to be twisted by Easleys public defender. If he rejects a plea and they dont want the death sentance.

Which I doubt they will because of the stress it would cause Brittany,

doughgirl07
12-10-2010, 09:47 PM
Wow! Go to narnia at 6:15. Come out and see Found safe!!!!! Thank you iPad..... Been reading all the way home. Wowowowowowowowow. Hope to hear good news regarding her in future days. Now I can have my life back and get off this thread :)

panthera
12-10-2010, 09:47 PM
Fulton & L Playa street are right next to Golden Gate Park.

JE probably thought they'd just blend in, hanging out in the park and never be recognized in SF. Thankfully that wasn't true and someone faithfully followed the case and did recognize them! MOO

impatientredhead
12-10-2010, 09:47 PM
No one with 1/2 a brain! I'm calling public defender...as he has no money.

High profile, nationwide stage, death penalty?
There is no way he will have a public defender.
Someone will step in and take the case for the coverage.

epiphany
12-10-2010, 09:47 PM
Psych Guest: she was being threatened in way we can't see right now. we see that all the time. Stockholm, brainwashing, trauma---she will be able to say exactly what was on her mind.

illeKllaH
12-10-2010, 09:48 PM
NG is ridiculous...or rather, the people that do her FB are. Latest update says they are on their way to CA to bring JE back to VA. It's not like they're going to roll in to San Francisco, say, "Thanks for finding him!" and head back east.

Lera213
12-10-2010, 09:48 PM
No one with 1/2 a brain! I'm calling public defender...as he has no money.

Court appointed, a lot of top notch attorney's will be on the list for court appointed cases.

illeKllaH
12-10-2010, 09:49 PM
Wow! Go to narnia at 6:15. Come out and see Found safe!!!!! Thank you iPad..... Been reading all the way home. Wowowowowowowowow. Hope to hear good news regarding her in future days. Now I can have my life back and get off this thread :)

Sure hope you're not driving!!!!!!!!!! HaHa

And false on getting off of this thread to get your life back! There's still trials to go!

Coldpizza
12-10-2010, 09:49 PM
Look I'm not going to deviate that she is 12 years old. There is no way I am going to give any blame to a child of that age. Not for one minute. Period

AmyMarie222
12-10-2010, 09:50 PM
Not sure if any of you have been to San Fran, but there are lots and lots of homeless folks there, so I assume JE and BS tried to blend in with the other homeless, and camp out in the public parks. It's not unusual at all to see homeless camped out there. All over the city.

<modsnip>

illeKllaH
12-10-2010, 09:51 PM
Court appointed, a lot of top notch attorney's will be on the list for court appointed cases.

Fo' real?! I guess it's different than in Ohio. Here, unless you can get a top notch to take it pro bono (which I only know of 1 in the last 10 years that has taken a high profile case pro bono), you're stuck with a public defender that wants it over ASAP...at least in my part of the state.

epiphany
12-10-2010, 09:51 PM
Great Aunt of B: i know it was inappropriate, they were in my house; i called the mother the first of the week and i asked her about it; she said she had talked to B and nothing was going on and he was leaving. (Paraphrased)

doughgirl07
12-10-2010, 09:51 PM
No dh driving and laughing at my reading about poster tripping over cat - said that would be me

Patty G
12-10-2010, 09:52 PM
He said they HOPE to have in there in the next week. They don't know if he's going to waive the process, or not. He very well may not in which case it could be at least a month.

At this point if he used "hope" or "expect" neither is firm that he will be back this week. :crazy:

sam24
12-10-2010, 09:53 PM
Hey JE, come on home, we got your Christmas present waitin for ya.

jen&jonhart
12-10-2010, 09:53 PM
Just came back from eating and found this. Great news so happy she is safe. Btw you guy's rock. If I am ever missing I want all of you on my case.

illeKllaH
12-10-2010, 09:54 PM
Look I'm not going to deviate that she is 12 years old. There is no way I am going to give any blame to a child of that age. Not for one minute. Period

I certainly hope it's not the case here, but young kids ARE capable of anything. A 14 year old in FL shot both of his parents in their sleep just yesterday. I'm also thinking of a case in which a 12 year old, I believe, killed his baby sister (said they were wrestling) and was charged.

gitana1
12-10-2010, 09:54 PM
If they talk to her as a victim without a parent present and no legal representation they can't use anything she says against her in a criminal proceeding.

This is incorrect. It happens every day, all the time. If she was in custody as a suspect of a crime, then yes, but if she was in custody for her own protection, then no.

panthera
12-10-2010, 09:55 PM
On NG's show the great aunt was just relating how disturbing JE's behavior toward Brittany was over Thanksgiving, that B's mother was told about it. It appears this may be what led to Brittany's mother being killed. MOO

KR2tonenow
12-10-2010, 09:55 PM
Look I'm not going to deviate that she is 12 years old. There is no way I am going to give any blame to a child of that age. Not for one minute. Period

Of course, CP. Brittany was brainwashed and traumatized. She is a child and unfortunately the mother had this monster move in their home. My guess is that JE was after Brittany the whole time. I bet he planned this. <sic>

Soulmagent
12-10-2010, 09:56 PM
High profile, nationwide stage, death penalty?
There is no way he will have a public defender.
Someone will step in and take the case for the coverage.

I think Virginia has some law in place about taking cases for free, Not really sure about it I will have to get back to you but lot of Virginia death penalty cases have used public defenders.

The stepping up for attention thing isnt something I have seen done in VA.

Japandaaa
12-10-2010, 09:56 PM
First off, I am very happy they found her alive and well. Reality then sinks in and I think about everything she is going to have to go through now, especially if she did have something to do with her mother's murder. I pray to God that she didn't, but as far as we know, we know no details. It's going to be a long road to recovery for her. They both definitely have a story to tell !

It then makes me think of all the other missing children out there that have families still waiting for them to come home. I took a "obsession" with this case because it was so close to home, as well as the other cases on here that have been located nearby. I think I'm going to start venturing outside my town and check out other cases ; so I can have some ideas on what's going on in other states and maybe in some way I can help with them.

Seeing how much you guys have contributed by passing along information and giving personal opinions and theories makes me proud that we have such a good team on here from all over. I also want to thank everyone for putting in the time with these cases. I know if one of my kids was to ever go missing ( I don't even want to think about it ) or a family member or friend, I would turn to you all in a heartbeat.

:grouphug:

Let's help more cases have a happy ending !

illeKllaH
12-10-2010, 09:56 PM
Grove City, OH. I've ordered many a Old Navy things online and they all come out of Grove City...which is a suburb of Columbus. That is where the distribution center is. The likely way out of OH to CA, if they were here, is straight across I-70...which I live just off of. Between C'bus and the border of Indiana, you don't go through many areas that AREN'T rural and farm based. That car could be stashed anywhere.

impatientredhead
12-10-2010, 09:58 PM
This is incorrect. It happens every day, all the time. If she was in custody as a suspect of a crime, then yes, but if she was in custody for her own protection, then no.

She is not old enough to waive her rights or understand that what she says can be used against. Add to that the trauma she just went through and it is shaky at best for them to question her without a parent or a lawyer IF they want to use her statements against her.

If it was you child that was just rescued from a rape/kidnapping/possibly saw her parent murdered, and without your presence or an attorney questioned your twelve year old and then tried to use it against them I would imagine you would have an attorney raising hell about it.

You can't waive your rights until you understand you are waiving them.

passionflower
12-10-2010, 10:00 PM
I certainly hope it's not the case here, but young kids ARE capable of anything. A 14 year old in FL shot both of his parents in their sleep just yesterday. I'm also thinking of a case in which a 12 year old, I believe, killed his baby sister (said they were wrestling) and was charged.

an 11 year old baby faced boy killed his pregnant step mom in Wampum PA
then calmly went to school.

Coldpizza
12-10-2010, 10:00 PM
I certainly hope it's not the case here, but young kids ARE capable of anything. A 14 year old in FL shot both of his parents in their sleep just yesterday. I'm also thinking of a case in which a 12 year old, I believe, killed his baby sister (said they were wrestling) and was charged.

You know what, I do care, BUT these are children with no guidance in their lives.
They need to be helped first before they are prosecuted.And helped before they have no other out and begin a life of a criminal.

illeKllaH
12-10-2010, 10:01 PM
She is not old enough to waive her rights or understand that what she says can be used against. Add to that the trauma she just went through and it is shaky at best for them to question her without a parent or a lawyer IF they want to use her statements against her.

If it was you child that was just rescued from a rape/kidnapping/possibly saw her parent murdered, and without your presence or an attorney questioned your twelve year old and then tried to use it against them I would imagine you would have an attorney raising hell about it.

You can't waive your rights until you understand you are waiving them.

I can't think of the case...maybe some of you will...but an underage boy was questioned for something like 18 hours in the death of his younger sister. No parents present. No lawyer present. He kept telling them he didn't do it, but after a while just told them what they wanted to hear. I want to say he was found guilty but it may have been overturned later.

cmlegend99
12-10-2010, 10:02 PM
Anyone think they might have pushed the car into a lake to hide it? Or are lakes too frozen up there now?

lynnb
12-10-2010, 10:03 PM
Just came back from eating and found this. Great news so happy she is safe. Btw you guy's rock. If I am ever missing I want all of you on my case.
hope you don't have any skeletons in that closet, because trust me, we will find them :innocent:

impatientredhead
12-10-2010, 10:03 PM
I can't think of the case...maybe some of you will...but an underage boy was questioned for something like 18 hours in the death of his younger sister. No parents present. No lawyer present. He kept telling them he didn't do it, but after a while just told them what they wanted to hear. I want to say he was found guilty but it may have been overturned later.

I agree it happens.
If you are planning to prosecute the case it is a big problem down stream.

doughgirl07
12-10-2010, 10:03 PM
Japaandaaa - I have a few months on ya here at ws, but also got on because of joan's case. Hopefully justice will come for her one day. Check out the "river killers" or smiley face killers thread about all the young men missing/found dead or drugged ESP across Midwest, interesting. Your posts have been great

illeKllaH
12-10-2010, 10:04 PM
You know what, I do care, BUT these are children with no guidance in their lives.
They need to be helped first before they are prosecuted.And helped before they have no other out and begin a life of a criminal.

Oh, I completely agree with you! I was just saying that children are capable of the unthinkable. There's another case...and the ID channel has covered it a lot...where a 7 or 8 year old boy coerced a 4 year old into a field and beat him with a rock. The little boy died and the kid that did it is still in prison many years later. There's a reason these kids do these things and no one ever really wants to address that. It's easier and less time consuming to throw them in jail forever.

AmyMarie222
12-10-2010, 10:04 PM
Anyone think they might have pushed the car into a lake to hide it? Or are lakes too frozen up there now?

I live in Washington DC, and nothing up here is even close to frozen yet. It snowed for a couple hours today, but you couldn't even see a flurry on the ground.

impatientredhead
12-10-2010, 10:04 PM
hope you don't have any skeletons in that closet, because trust me, we will find them :innocent:

LOL... that is a good point.
If I turn up missing, just let it be.
lol

cluciano63
12-10-2010, 10:05 PM
Brittany is only 12, which in a way may turn out to be better than if she was older...in 2-3 years, even with a trial, this should all be over with, as far as he legalities, and at least she has a loving dad and family. Of course she has lost her mom, she will never get her back. Maybe she can use Elizabeth Smart as a role model somewhere down the line, as Elizabeth is amazing at how she has put her life back together, testified and is now moving ahead.

sam24
12-10-2010, 10:05 PM
you're kidding me - I have not heard this, my god.
I'd like to read more about this, anything you got that I can google to the story, name? thanks!

hollyblue
12-10-2010, 10:05 PM
I'm going to miss seeing the tall grey-haired guy at the PC's...he was kinda cute. LOL Reminded me of someone....but not sure just who.

dee10134
12-10-2010, 10:05 PM
I've been lurking in this case and I am so thankful that Brittany has been found! God bless the clerk who had the presence of mind to call in that tip! I hope that Brittany can get the help she needs to heal from this ordeal.

illeKllaH
12-10-2010, 10:06 PM
Anyone think they might have pushed the car into a lake to hide it? Or are lakes too frozen up there now?

If by up there you're referring to Ohio, today is the first non bitterly cold day in close to 2 weeks. Temps have been about 15 degrees below normal (40s to 20s).

Japandaaa
12-10-2010, 10:09 PM
Japaandaaa - I have a few months on ya here at ws, but also got on because of joan's case. Hopefully justice will come for her one day. Check out the "river killers" or smiley face killers thread about all the young men missing/found dead or drugged ESP across Midwest, interesting. Your posts have been great

I agree. I still frequent all the news feeds about Joan Renee Cook, even though it seems they have hit a dead end. I still hope they will find out what happened to her. It's an eerie feeling always looking down the street and seeing the house and know she's out there somewhere.

I'll definitely check out that thread. I've been glancing over some and it's nuts how many cases are going on and have been left cold. It's also depressing to see what this world is coming to.

Thanks ! A big thanks to you as well.

CarrieBean
12-10-2010, 10:09 PM
Ugh, I missed the presser and don't have much time to read back. Could someone give me a quick briefing? Purty please. And is there a video of the presser some where?

Soulmagent
12-10-2010, 10:09 PM
She is not old enough to waive her rights or understand that what she says can be used against. Add to that the trauma she just went through and it is shaky at best for them to question her without a parent or a lawyer IF they want to use her statements against her.

If it was you child that was just rescued from a rape/kidnapping/possibly saw her parent murdered, and without your presence or an attorney questioned your twelve year old and then tried to use it against them I would imagine you would have an attorney raising hell about it.

You can't waive your rights until you understand you are waiving them.

Virginia is a statue state so you can bet if there is a law to enable them to use what she says they will. They are by the book letter of the law. Her lawyer might be able to use the fact she was caught and in custody because of an amber alert to get the court to strike her statement but dont think it would be a sure bet if she says something the implicates herself.

Whatever she says will and can be used against her. No joke .

AmyMarie222
12-10-2010, 10:10 PM
AmyMarie, did you call that tip in?? If not, maybe you still should. LE may have missed a Facebook status update from a "friend". If I were investigating this case, I would at least want to speak with the trucker. Heck, at this point, I as a WebSleuther want to know if HE is ok.... KWIM??

I'll call it in right now. Lesson learned: it goes to show that nothing it "too crazy" of a suspicion. When I first mentioned it, it got no traction whatsoever. Now, it makes perfect sense.

hoppyfrog
12-10-2010, 10:12 PM
Brittany Smith is a VICTIM in this case.

Until and unless LE states she is a suspect, she is a VICTIM.

Therefore, no more speculating that she was involved in her mother's murder.

Thanks.

Reannan
12-10-2010, 10:12 PM
Interesting that they haven't found the car yet. I bet they sold it for some ridiculous cheap price, and received cash money. It wouldn't be that hard to sell a car like that to some criminal type person that probably never listens to the news anyway. I don't see how they would have had enough money from what we have heard to get all the way across the US. They would need food and gas money, and they didn't seem to be purchasing much besides camping equipment and some gatorade and water.

epiphany
12-10-2010, 10:14 PM
Look I'm not going to deviate that she is 12 years old. There is no way I am going to give any blame to a child of that age. Not for one minute. Period

Not as if he was 18 or 20 or 21 or...

He's not her boyfriend. They didn't have a love relationship. He's a 32 year old adult pedophilia and likely, a murderer.

Coldpizza
12-10-2010, 10:15 PM
Well good night all, thank goodness she was found safe and alive. Too bad we cant follow up on these kids. She has a long row to go without her mommy and even worse being a witness. May she find peace and strength to grow and at the very least if a Santa is in her beliefs may his reindeer find her.

belimom
12-10-2010, 10:15 PM
Checked out the weather (http://www.wunderground.com/history/airport/KSFO/2010/12/9/WeeklyHistory.html) for SF. For the past week it's hovered in the upper 50's/low 60's (for the high). Much better than the East Coast, even Florida.

I posted a street map earlier but here's an aerial view:

http://www.websleuths.com/forums/attachment.php?attachmentid=12749&stc=1&d=1292033698

trigger
12-10-2010, 10:16 PM
I don't know about anyone else but this freaking case needs to be used as an example as to why a NATIONWIDE Amber Alert should go out in all 52 states when a child is abducted.

I hope they release the 911 tape of the person who recognized them. :nluv:

Our prayers have been answered tonight. :praying:

lynnb
12-10-2010, 10:16 PM
I'll call it in right now. Lesson learned: it goes to show that nothing it "too crazy" of a suspicion. When I first mentioned it, it got no traction whatsoever. Now, it makes perfect sense.

Don't take it personally if you feel we ignored your post. Sometimes these threads are moving so quickly that the pages just fly by and posts get unintentionally skipped over by us. If it ever happens again, please feel free to repost.

hollyblue
12-10-2010, 10:17 PM
Brittany is only 12, which in a way may turn out to be better than if she was older...in 2-3 years, even with a trial, this should all be over with, as far as he legalities, and at least she has a loving dad and family. Of course she has lost her mom, she will never get her back. Maybe she can use Elizabeth Smart as a role model somewhere down the line, as Elizabeth is amazing at how she has put her life back together, testified and is now moving ahead.

I hope the community will surround her as much as they did Elizabeth. This won't be something that only takes a few months or years....the thoughts, questions and reactions don't just go away like the press and the trial. Hope CPS or whoever makes sure she is going back to a long term commitment to that and willing to take the time.

jen&jonhart
12-10-2010, 10:17 PM
hope you don't have any skeletons in that closet, because trust me, we will find them :innocent:

Hunny if I am ever missing feel free to find my skeleton, whether it's in the closet,under the bed under the house where ever lol.:angel:

CKay
12-10-2010, 10:17 PM
Grove City, OH. I've ordered many a Old Navy things online and they all come out of Grove City...which is a suburb of Columbus. That is where the distribution center is. The likely way out of OH to CA, if they were here, is straight across I-70...which I live just off of. Between C'bus and the border of Indiana, you don't go through many areas that AREN'T rural and farm based. That car could be stashed anywhere.

Old Navy is owned by Gap, not Limited Brands. Columbus is home to a lot of distribution centers, because it is so centered in a population grid. Target has a distribution center in West Jefferson, which is just west of Columbus also. Sears and Jenneys too. Limited was started in Columbus though, then bought VS.

But if they did come this way, I agree ... I70 would be a good route.

epiphany
12-10-2010, 10:18 PM
LOL... that is a good point.
If I turn up missing, just let it be.
lol

Same here.

Mendara
12-10-2010, 10:18 PM
I am so happy she is out of his hands!

gitana1
12-10-2010, 10:18 PM
She is not old enough to waive her rights or understand that what she says can be used against. Add to that the trauma she just went through and it is shaky at best for them to question her without a parent or a lawyer IF they want to use her statements against her.

If it was you child that was just rescued from a rape/kidnapping/possibly saw her parent murdered, and without your presence or an attorney questioned your twelve year old and then tried to use it against them I would imagine you would have an attorney raising hell about it.

You can't waive your rights until you understand you are waiving them.

Yes. I understand what you are saying. But questioning a kid about what happened to her and her mom as if she is a victim, and if she is not in police custody, she does not need to be advised of her rights.
Of course, a defense attorney could mount a great argument if she did incriminate herself in the course of such questioning, but it's highly unlikely it would succeed. Her rights do not kick in until she is being questioned as any other suspect. So, under questioning as a victim, there's nothing for her to waive.

On the other hand, if she was being questioned while in LE custody as a potential suspect, she doesn't need to ask for a lawyer. A minor child only needs to ask for a parent or guardian and it's as if they have requested a lawyer and all questioning must cease until the parent arrives.

I think it's hard to understand when Miranda rights kick in. I know I have a hard time fully grasping it. But I do know that being in custody for one's own protection, like being a juvenile who needs to be cared for by someone, does not count. Also, if LE calls someone in for questioning and they are being questioned as a potential witness, not a suspect, the rights don't kick in.

The courts have made numerous rulings on what custody means. Here's a small sample. It's long!:


MEANING OF CUSTODY
34:1, p. 7. A defendant was in custody for Miranda purposes when he gave statements to a police officer while on a stretcher in a hospital, even though he had not been placed under arrest. Mayberry v. State, 600 S.E.2d 703 (Ga.App. 2004).

34:2, p. 7. A defendant was not "in custody," after being asked by the police to exit the car in which he was a passenger, but prior to his formal arrest. United States v. Teemer, 394 F.3d 59 (1st Cir. 2005).

34:2, p. 7. Defendant was not "in custody" when he made statements to a police officer at a hospital, and thus Miranda warnings were not required. State v. Guzman-Gomez, 690 N.W.2d 804 (Neb. App. 2005).

34:2, p. 7. A defendant was not "in custody" during a stand off with the police when he made statements to a police detective. Campbell v. State, 820 N.E.2d 711 (Ind.App. 2005).

34:3, p. 7. A police officer who was offered a bribe after he arrested defendant did not violate the defendant's Miranda rights by wearing a recording device and trying to get defendant to repeat the bribe offer on the tape. People v. Flynn, 789 N.Y.S.2d 33 (N.Y.App. 2005).

34:3, p. 8. A defendant was not "in custody" for Miranda purposes when police questioned her at her home. Morales v. United States, 866 A.2d 67 (D.C. 2005).

34:5, p.7. Nine-hour detention constituted Miranda "custody."People v. Pascual, 111 P.3d 471 (Colo. 2005).

34:5, p. 7. Lack of formal arrest and existence of informal atmosphere negated Miranda custody. Rosky v. State, 111 P.3d 690 (Nev. 2005).

Mason v. Mitchell, 320 F.3d 604 (6th Cir. 2003) - Miranda "custody" was not found during a po0lice interrogation concerning a murder, even though the defendant was transported to a police station for an interview in a police car, the interview lasted over 4 hours, and he was arr4ested by a parole officer for a parole violation following the interview. (For details see Law Enforcement Legal Review - May/June 2003
[/URL]

U.S. v. Hanson, 2001 WL 66401 (8th Cir. 2001)
Government agents wanted to question an arson suspect in their office. To persuade the suspect to come to their office the agents informed him that they merely wanted to show the suspect photographs of some recent vandalism. Once inside the agent's office the suspect was interviewed and interrogated without being given Miranda warnings. U.S. attorneys argued that this tactic was merely subtle subterfuge. However, the court ruled that this was a deceptive stratagem and that the suspect was in custody and, therefore, should have been given his Miranda rights before any questioning.


State v. Tucker, 763 A. 2d 1058 (N.H. 2001)
While in custody the defendant made a spontaneous, non-solicited bribe offer. This was ruled admissible as a volunteered statement


Commonwealth v. Sparks, 433 Mass. 654, 746 N.E. 2d 133 (Mass. 2001)
The suspect voluntarily accompanied police to the police station and was told that he was free to leave at any time. After the suspect made incriminating statements during an interview at the police station he was allowed to leave the station. The court ruled that no Miranda warnings were required in this instance because it was not a custodial interrogation.
[URL]http://www.reid.com/educational_info/r_updates.html#meaning_custody (http://home.xnet.com/%7Elelp/lelr/index.htm)

Patty G
12-10-2010, 10:20 PM
Has Jeff been charged or has it been indicated by LE that he is a suspect in the murder of Tina?

elepher50
12-10-2010, 10:21 PM
850 LePLaya San Fran:

hollyblue
12-10-2010, 10:22 PM
Do we even know if a trucker was involved for sure?

Not that we know of, just that someone saw the alert, media coverage or poster and called it in to SFPD. I too think the tip of the trucker on the FB account should be called in to VA LE. They surely saw it......but you never know.

lynnb
12-10-2010, 10:22 PM
so is Virginia a "Sunshine" state when it comes to records and things?

AmyMarie222
12-10-2010, 10:23 PM
AmyMarie - Sorry for not giving you credit! I actually searched and searched but used AnnMarie - and obviously couldn't find the post that way...! But I think there's a good chance that that's what happened. Anyway, good eye!

ETA: added your name to my last reference of the truck driver

haha - no need to apologize! :)