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  1. #1
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    Indictments and Charges

    I'm not sure on that...Ashley Longe was charged with the bodily harm, I believe it came from throwing the can...no?

    ETA: Yes...the dox say so...it's the can...
    http://docs.google.com/viewer?a=v&q=...YktkaYLwiqeOUg
    Last edited by daisy7; 04-26-2010 at 10:00 AM.


    “In the End, we will remember not the words of our enemies, but the silence of our friends.”

    Dr. Martin Luther King, Jr.

  2. #2
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    IMO: Her death doesn't factor in, Dr. Phail...whether they want it to or not. In a court of law...it's simple.

    Did they stalk? Did they harass? Did Ashley throw the can? Did the boys sleep with a girl under 16?

    She could be the most twisted, messed up, suicidal teen EVER...and it's STILL ILLEGAL to STALK, HARASS, ASSAULT.

    AND...her being portrayed as messed up just makes the boys seem more predator-like...IMO.

    Simple.



    ETA: I DO NOT think she was what they are implying...
    Last edited by Paladine; 04-22-2010 at 03:50 PM.


    “In the End, we will remember not the words of our enemies, but the silence of our friends.”

    Dr. Martin Luther King, Jr.

  3. #3
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    violation of civil rights resulting in bodily injury

    All 5 kids have this charge. (Austin excluded of course)

    how could this be nothing to do with the suicide? This relates to something not specified within the charging documents?

    whats bodily injury refer to here Pala?
    The court docs I've seen for 3 of the girls refer specifically to Phoebe's "suicide"...ehem, so I would imagine that "resulting in bodily injury" is referring to her heath. A DA would not include irrelevant information when writing up charges because it would most likely result in the rejection of those charges, or if the charges made their way to trial, it could lead to mistrial or a not guilty verdict. In a mistrial, much of the evidence used would be void when retried, and in the case of a not guilty verdict, the defendants could not be charged again. So if Phoebe's death (in whatever manner) was irrelevant to the charges at hand, I could not imagine it being included in the court docs. I guess we would have to look up the definition of "bodily injury" under Massachusetts law to determine that.

  4. #4
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    Quote Originally Posted by Kris View Post
    The court docs I've seen for 3 of the girls refer specifically to Phoebe's "suicide"...ehem, so I would imagine that "resulting in bodily injury" is referring to her heath. A DA would not include irrelevant information when writing up charges because it would most likely result in the rejection of those charges, or if the charges made their way to trial, it could lead to mistrial or a not guilty verdict. In a mistrial, much of the evidence used would be void when retried, and in the case of a not guilty verdict, the defendants could not be charged again. So if Phoebe's death (in whatever manner) was irrelevant to the charges at hand, I could not imagine it being included in the court docs. I guess we would have to look up the definition of "bodily injury" under Massachusetts law to determine that.

    Kris...check out the long form of the DA's statement of the indictments. In it, she says the bodily harm charge is Ashley's, the weapon, the can...that much is spelt out.

    So...I assumed, ~~there's that word again ~~ Ashley must have hit Phoebe with the can and hurt her...?

    If you can't find it, I'll get you a link...

    And someone previously suggested, the suicide was brought up for the penalty phase...
    Last edited by Paladine; 04-24-2010 at 10:58 PM.


    “In the End, we will remember not the words of our enemies, but the silence of our friends.”

    Dr. Martin Luther King, Jr.

  5. #5
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    The docs I'm looking at are below. Also I'm including the links I found that include the actual law(s). Here is the definition of "bodily injury" under Massachusetts law:

    "Bodily injury”, substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare."

    It doesn't sound like just a can throwing incident.

    http://law.onecle.com/massachusetts/265/13J.html

    http://law.onecle.com/massachusetts/265/43.html

    http://law.onecle.com/massachusetts/272/40.html
    Attached Files Attached Files

  6. #6
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    From the DA's statement...

    "assault by a dangerous weapon, to wit, a bottle, can"
    page 7

    http://www.boston.com/news/local/mas...nce_death_PDF/

    I'm in a hurry, quick post...
    Last edited by Paladine; 04-25-2010 at 12:33 PM.


    “In the End, we will remember not the words of our enemies, but the silence of our friends.”

    Dr. Martin Luther King, Jr.

  7. #7
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    so, could the bodily harm be from telling Phoebe to hang herself? Only Kayla, Sean, Flannery and Ashley seem to have those charges...not Austin or Sharon...this seems like it should be an easy question to answer...
    Last edited by Paladine; 04-25-2010 at 01:04 PM.


    “In the End, we will remember not the words of our enemies, but the silence of our friends.”

    Dr. Martin Luther King, Jr.

  8. #8
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    Quote Originally Posted by jjenny View Post
    I would not call being charged with statutory rape the "least of trouble." That charge could get someone up to life in prison in MA.
    That is the maximum, but I think the punishment for a first offence is life or any other sentence, which could be no jail time depending on the circumstances. I think it extremely unlikely that this guy would get life even in MA, and if he didn't participate in the bullying as some have claimed, there would be no moral reason to be sending him to prison for life.

    In any case with no complaint, no witness and no evidence I don't see how they could convict him unless he plead guilty for some reason.

  9. #9
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    Quote Originally Posted by raeann View Post
    According to this source which lists the actual laws and penalties by state, the penalty in MA is 2.5 to 3 years. I tend to give credence to sources which show evidence of having done actual research to support their statements of facts. Numerous other sources, also, indicate that the average of actually imposed penalties vary by the age of the defendant, with the harsher penalties reserved for those over the age of 21 involved with someone who is under the age of consent.

    http://www.cga.ct.gov/2003/olrdata/j...003-R-0376.htm
    The code she is talking about is Chapter 265 Section 23. The code mentioned in the link you provided refers to "inducing", which likely is aimed at third parties, not the principals.

  10. #10
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    Quote Originally Posted by Paladine View Post
    so, could the bodily harm be from telling Phoebe to hang herself? Only Kayla, Sean, Flannery and Ashley seem to have those charges...not Austin or Sharon...this seems like it should be an easy question to answer...
    I doubt that telling someone to hang themselves and them then doing it at some later time would be considered bodily harm. I think you would have to prove a more direct link than that.

    More likely those charges refer to physical assault in the course of harrassment. So, that would be things like pushing, throwing the can, that sort of thing.


  11. #11
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    Quote Originally Posted by Natal View Post
    I doubt that telling someone to hang themselves and them then doing it at some later time would be considered bodily harm. I think you would have to prove a more direct link than that.

    More likely those charges refer to physical assault in the course of harrassment. So, that would be things like pushing, throwing the can, that sort of thing.
    One of the witnesses saw the can hit the ground (although the witness was not sure if the can hit the girl). If the can didn't actually hit the girl, how can it cause bodily injury?

  12. #12
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    Quote Originally Posted by Natal View Post
    That is the maximum, but I think the punishment for a first offence is life or any other sentence, which could be no jail time depending on the circumstances. I think it extremely unlikely that this guy would get life even in MA, and if he didn't participate in the bullying as some have claimed, there would be no moral reason to be sending him to prison for life.

    In any case with no complaint, no witness and no evidence I don't see how they could convict him unless he plead guilty for some reason.
    Well the DA brought the charges. One would think DA should presumably have some evidence, otherwise, how can she bring charges?

  13. #13
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    Quote Originally Posted by adnoid View Post
    It would count as assault. And it may not be the only can that was ever thrown.
    The charge was, I believe, violation of civil rights with bodily injury resulting.
    Not assault.
    And what was the bodily injury, and what did it result from?

  14. #14
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    Since we're talking about charges, why aren't SH6 charged with this one?

    Section 39. (a) Whoever commits an assault or a battery upon a person or damages the real or personal property of a person with the intent to intimidate such person because of such person’s race, color, religion, national origin, sexual orientation, or disability shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.
    Notice "National origin", and how many times she was referred to as an "Irish ...(insert depraving remark here)"

    http://law.onecle.com/massachusetts/265/39.html

    And why aren't the teachers etc.. charged with this one?

    Section 13L. For the purposes of this section, the following words shall have the following meanings:—

    “Child”, any person under 18 years of age.

    “Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death. - Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 21/2 years.
    http://law.onecle.com/massachusetts/265/13L.html

  15. #15
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    so, could the bodily harm be from telling Phoebe to hang herself? Only Kayla, Sean, Flannery and Ashley seem to have those charges...not Austin or Sharon...this seems like it should be an easy question to answer...
    So far I've only found the laws as written, there is however "case law" which are precedents set by other cases. I would have to do some more digging to see if there has ever been a case in Massachusetts where someone was convicted under any existing statute for inciting someone's "suicide"....ehem..

    Also, I was showing the definition of bodily harm to illustrate that the term "bodily harm" as used in the statutes does not indicate minor injuries (bruising, abrasion) that would be sustained by the throwing of an empty can. If it were full it would be a different story, however the reports indicate it was empty. That's why I was thinking they the DA tied her "suicide" into the charges.

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