Found Deceased NH - Celina Cass, 11, Stewartstown, 25 July 2011 # 3 *Arrest*

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Rest in Peace sweet Celina...no one will ever hurt you again,

Praying for JUSTICE.
 
I'm so sorry, Celina. RIP, angel. So many people love you and wish we could've helped save you! :(
 
Competency to Stand Trial:

Competence is determined by whether the defendant has “sufficient present ability to consult with his lawyer and whether he has a rational as well as factual understanding of the proceedings against him” [Dusty v. U.S. (1960)]. People v. Medina (Cal. 1990) allows the burden of proof of incompetency to be placed on the defendant. Most courts require the defendant to raise a bona fide doubt as to competence, then place the burden of proof on the state. If the defendant is found incompetent, necessity for institutionalization is them decided at a civil commitment hearing required in Jackson v. Indiana (1972). To be committed, the defendant must be found to be a danger to self or others unless he or she agrees to a voluntary commitment.

A judgment on competency has nothing to do with the merits of the charges—it is not a defense—nor is it a permanent barrier to trial. If and when the defendant regains competency, he or she is subject to trial. Many cases involving insane defendants are resolved by incompetency commitments, however, without necessity of trial. Except for the more serious offenses, charges are often dropped when the defendant is released from hospitalization, though commitments can be indefinite with periodic review if the defendant is dangerous [U.S. v Sahhar (9th Cir. 1990)] pg 254

Insanity:

There is a distinct difference between the legal term insanity and the medical term mentally ill. Psychiatric experts many not testify in court as to whether the defendant is “insane” because that is a legal issue, but only as to the mental condition of the defendant [Roundtree v. State (Miss. 1990)]. The fact that a defendant can benefit from psychiatric care does not automatically provide him or her with the legal defense of insanity.
Even though enormous attention has been focused on the insanity defense by both legal scholars and the public, it is used in fewer than 1% of all criminal cases and is successful in only 26% of the cases in which it is used. Page 248-9

Substantial Capacity (also under insanity)

[T]he American Law Institute (ALI) set a broader standard in the Model Penal Code that was reinforced in U.S. v. Freeman (2d Cir. 1966). It affords the insanity defense when the defendant “lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law” [Model Penal Code § 4.01(1)]. Page 251

All from the book: James W.H. McCord & Sandra L. McCord (2012 4th Ed.). Criminal Law & Procedure For The Paralegal A Systems Approah. West Legal Studies, NY: Thompson Delmar Learning

ETA: I am not posting this to point ANY fingers at ANYone. I am not willing to say publicly what I think or feel or point fingers until we have something solid that points at someone specific. I post this in an effort to help people understand how it works.
 
MsFacetious said:
Don't count on it...

I think Jane Young will come out and say they have to wait 6-8 weeks for toxicology.

Unless they've made an arrest. And then they will likely make an arrest before that 6-8 week period is up.

I was right about everything she said in this press conference... so that's my guess about the autopsy one.
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I agree. We had to wait for a while with Krista, but LE was excellent in the way they handled her case.

Gosh, this makes me so sad..... :(
 
shefner said:
God bless these divers and investigators...their lives will never be the same.
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True Shefner. Being underwater is so surreal and quiet as it is. I can only imagine the feeling of finding the body of a young girl down there. They do a wonderful service and are severely underpaid. Thank God for ALL our LE. they are true heroes.
 
Gardenlady said:
I'm very impressed with her based on this and Krista's case.

I predict an arrest tomorrow, or within the next two/three days at most.
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If she feels like that's best for her case... if she has that person somewhere that they cannot leave for a time period... like in jail on another charge then she may hold off.

However if a suspect is going to be released from some kind of custody in 72 hours? Then yeah, I can definitely see an arrest then.

It was only 2 weeks from when Krista was found to when 3 people were charged with murder. That is unbelievably fast.
 
wfgodot said:
Again, hooray for the WMUR9 coverage and the tweets of Kevin Clay. Great job.
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Excellent use of new media, wasn't it? More news outlets need to take a page from MURs book (as well as Nunleys station in the Holly Bobo case).
 
Lord, from our hearts here on earth to your arms of rest above, we commit this sweet child, Celina Cass. May she find joy and eternal peace.
 
I'm so, so sad for Celina. Every single one of these children is precious. Every single one. But every once in a while there is a kid that seems even more vulnerable than most. Celina is one of those kids for me. Poor sweetheart. She was alive only days ago, dreaming of basketball and friends, typing on her facebook. And now her precious body is sitting in a morgue after being dragged from a river. I don't get it. I never will. It's so wrong.
 
MsFacetious said:
Don't count on it...

I think Jane Young will come out and say they have to wait 6-8 weeks for toxicology.

Unless they've made an arrest. And then they will likely make an arrest before that 6-8 week period is up.

I was right about everything she said in this press conference... so that's my guess about the autopsy one.
Click to expand...

Just wondering why they would even do toxicology on an 11 year old. Unless they suspect she was drugged before she was killed. I am sure they will do tests on her blood, but do you think they will do major drug tests? Just wondering. tia
 
Bless her heart
My heart is breaking for the people who loved her
 
MsFacetious said:
Okay I have no idea what they are doing... taping off the entire house, yard, vehicles... what do they think happened?
They generally use their own vehicles to "hold" the tape, because what if someone needs to use that van before they are done at the scene?

If they think she was abducted and are NOW looking for evidence, they are a bit late.
Are they looking for something specific... like an earring or bracelet or fingernail? Something that may pick up DNA in a struggle?
Or are they just randomly looking for anything.

I don't get it... the only time they do this is when they are going to search the entire property. But they found the body, why would they need to do that?

I am so confused.
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I am way behind and apologize if this was already brought up. LE will go back to the home if the body discovery reveals a connection or info that leads back there. In the anthony case it was the Winnie the Pooh blanket.
 
mck16 said:
Just wondering why they would even do toxicology on an 11 year old. Unless they suspect she was drugged before she was killed. I am sure they will do tests on her blood, but do you think they will do major drug tests? Just wondering. tia
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Based on what I have seen before, yes. Check Lieby K.'s case in the located forum. He was drugged by a MONSTER.
 
salem said:
this is the last warning!!!!!

lay off this family! mental illness does not automatically translate into violence. The mom has made no public appearances so speculating about her intelligence, mental capacity, etc. Is totally off the wall.

Give it a rest until le gives us something.

Any more violations and to's will be recommended.

Let's stick to the facts that we know and develop our theories around those.

Salem
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bumping up!
 
mck16 said:
Just wondering why they would even do toxicology on an 11 year old. Unless they suspect she was drugged before she was killed. I am sure they will do tests on her blood, but do you think they will do major drug tests? Just wondering. tia
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What else would her excuse be for not having any cause or manner of death from the autopsy?

I guess she could just say they are waiting on further tests and just not be specific?

She doesn't like to say No Comment.
She says suspicious death instead of homicide... even if it's an obvious homicide.
When most would just say "no comment."

I think toxicology is pretty standard anyway?
They did it on 6 year old Max Shacknai who "fell down the stairs" at his father's mansion 2 days before his father's girlfriend "committed suicide" there.

Rebecca Nalepa - suicide or murder? #5 - Websleuths Crime Sleuthing Community
 
I found this recently, and I love it. Both the verse, and the video, which incorporates it.

And God shall wipe away all tears from their eyes; and there shall be no more death, neither sorrow, nor crying, neither shall there be any more pain: for the former things are passed away.

Revelations 21:4

http://www.godtube.com/watch/?v=JB1M1CNU
 
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