Found Deceased FL - Madeline Soto, 13, Missing Child Alert, 13500 blk Town Loop Blvd, Orlando, 26 Feb 2024 *arrest* #4

[Pruddennce]

his defense will be interesting

 

[Soulmagent]

his defense will be interesting

Or disgusting.

 

[Litig8r]

Florida's law allowing the DP for CSA went into effect October 1, 2023. Were any of the images after that date?

Doesn’t matter when they were—there’s no statute of limitation on SA in FL.

 

[IzzyBlanche]

Doesn’t matter when they were—there’s no statute of limitation on SA in FL.

No, but generally you can't be subject to a penalty that went into effect after you committed your crimes.

 

[lightofmine99]

Or disgusting.

I imagine this is probably a defense attorney's worst nightmare. Your client insists on a trial (or there was to be one for some reason) and you have to look like you're doing your job to make sure there's no grounds for appeal, but what do you possibly say?

I think the attorneys for Lori Vallow, Charles Ng, and Kimberly Kessler (just to name the first few to mind) probably had to drink a lot. Oh, and Warren Jeffs's crew, too. Wondering what SS's public defender will try to go with. There's still a lot we don't know.

 

[Litig8r]

He won't have to wait until trial. He will get discovery.

MOO

And this is a huge legal hole that should be fixed. Can’t take away his right to discovery, but providing him with the very images that constitute the crime(s) seems bass akwards. It’s like the legal process is saying, “We’re going to prosecute you for the crimes you have committed with these images, but in the meantime, we’re going to let you have them to continue “enjoying” them. It’s just wrong.

I will admit this isn’t my area, so if someone knows otherwise, please share!

 

[Litig8r]

No, but generally you can't be subject to a penalty that went into effect after you committed your crimes.

Yes, you absolutely can. Standby, I will pull the statute. I posted both on the first thread.

2020 Bill Summaries - The Florida Senate

www.flsenate.gov

2023 Bill Summaries - The Florida Senate

www.flsenate.gov

Edited to add: Bill summaries

 

[Universecalling]

No, but generally you can't be subject to a penalty that went into effect after you committed your crimes.

Don’t quote me, and this may be inaccurate…but I thought I heard that any crimes from some point in 2020 on. (For sa under 12 law)
Could be completely wrong, but for some reason I remember seeing something about it.

 

[Skigh]

And this is a huge legal hole that should be fixed. Can’t take away his right to discovery, but providing him with the very images that constitute the crime(s) seems bass akwards. It’s like the legal process is saying, “We’re going to prosecute you for the crimes you have committed with these images, but in the meantime, we’re going to let you have them to continue “enjoying” them. It’s just wrong.

I will admit this isn’t my area, so if someone knows otherwise, please share!

Please tell me it is not possible for him to have access to any of the images he took. Surely only his lawyer would be able to have limited access in order to see what the evidence against him is.

 

[certainprocedure]

Please tell me it is not possible for him to have access to any of the images he took. Surely only his lawyer would be able to have limited access in order to see what the evidence against him is.

I’m not sure, but even if he did, I’m fairly sure access would be limited and not wide-open? Right? I don’t know all that much about the rules of discovery in general, much much less than a case like this. Any lawyers around to explain?

 

[IzzyBlanche]

Yes, you absolutely can. Standby, I will pull the statute. I posted both on the first thread.

View attachment 490501

2020 Bill Summaries - The Florida Senate

www.flsenate.gov

View attachment 490502

I think we are talking about two different things. I was talking about the DP for CSAM material bill that was signed into law October 1, 2023.

The bill you're referencing is from 2020 which does remove the statute of limitations.

 

[Litig8r]

Edited to add: FL CSAM Statutes

Don’t quote me, and this may be inaccurate…but I thought I heard that any crimes from some point in 2020 on. (For sa under 12 law)
Could be completely wrong, but for some reason I remember seeing something about it.

i just reposted the bill summaries that I posted early on in the first thread—it’s post 900 in this thread.

 

[Litig8r]

I think we are talking about two different things. I was talking about the DP for CSAM material bill that was signed into law October 1, 2023.

The bill you're referencing is from 2020 which does remove the statute of limitations.

I’m referencing both. You are correct—the Oct 1 2023 bill puts the DP on the table. And “Donna’s Law” from 2020 does remove the statute of limitations, you’re correct there as well. I referenced both because of the statement that he couldn’t be penalized (for a capital offense, i.e., the Oct 1 2023 bill) for crimes committed before the Oct 1 2023 bill was signed. It doesn’t matter when the crimes were committed in this case as they pertain to qualifying as a capital offense due to Donna’s Law. So both the 2020 bill (Donna’s Law) and the 2023 bill (Capital Sexual Battery) apply in this case. Hopefully that makes sense.

 

[IzzyBlanche]

Ex post facto law, law that retroactively makes criminal conduct that was not criminal when performed, increases the punishment for crimes already committed, or changes the rules of procedure in force at the time an alleged crime was committed in a way substantially disadvantageous to the accused.

The Constitution of the United States forbids Congress and the states to pass any ex post facto law.

Ex post facto law | Retroactive Legislation, Criminal Punishment & Constitutional Limitations

Ex post facto law, law that retroactively makes criminal conduct that was not criminal when performed, increases the punishment for crimes already committed, or changes the rules of procedure in force at the time an alleged crime was committed in a way substantially disadvantageous to the accused.

www.britannica.com

 

[photoprose1122]

Or disgusting.

Yep, definitely disgusting. A depraved soul like this will have lots of excuses that will make us want to vomit.

 

[Universecalling]

<modsnip: Quoted post was removed>

Do you remember the 8 counts under 12 he’s charged with? Were they all DP class?
Is the law 12 and under or under 12?

 

[Mimimom]

Do you remember the 8 counts under 12 he’s charged with? Were they all DP class?
Is the law 12 and under or under 12?

I believe its under 12, he has other SA charges that i think say 12 - 18.

 

[Gemmie]

there are also pet bowls in a pic.

It wouldn't surprise me considering they had pets and she was a pet-sitter.

 

[Gemmie]

Not to mention the very personal distinguishing features that identify him. Might just as well have added a sign saying "This is me" pointing to a photo of himself on the camera roll!

I've been wondering for a while if they got a mini-mug shot of it. Apparently only a side-view would be needed. And it sure seems like it's irrefutable evidence IMO!!

 

[Gemmie]

Please tell me it is not possible for him to have access to any of the images he took. Surely only his lawyer would be able to have limited access in order to see what the evidence against him is.

I'd like to think that if anyone like him was able to see and relive things like this that they should be outfitted with a mini shock collar (like really mini if you get what I'm saying ), set to zap 'it' at the smallest sense of enjoyment. Yeah... my mind went there.