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  1. #196
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    Quote Originally Posted by fittzi View Post
    Surely it's the former, else they would not be asking the court to ensure that he is taking them now.
    Defence lawyers have a way of putting a spin on something to try to make folks believe certain things. To our knowledge Leclair didn't have to present one iota of supporting documentation while putting it in the minds of all those in the courtroom that his client's medication will be somehow responsible for any crimes he may have committed.

    It could well be just that, but ... caveat when listening to defence lawyers !! Just because he has hinted at the direction they will go, he is not locked into anything by what was said in court today.

    JMOO

  2. #197
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    Quote Originally Posted by ~n/t~ View Post
    Even in psychiatry there are differing opinions on diagnosis. If Eric Newman was diagnosed with schizophrenia as an example and the prosecution team has information that he was diagnosed with this disease, IMO they could have requested to have a court appointed psychiatrist evaluate him. The fact they didn't submit such a request (so far) perhaps their strategy is to attack the defense's possible mental illness theory and bring on their own experts to rebut the defense's expert's theory.

    We may have a battle of mental health forensics experts at trial. The publication ban was requested by the prosecution which leads me to believe they've already investigated their findings.

    We still don't know if he was prescribed the meds here or in Germany and that may be another issue that will be brought up at trial. It will be interesting.
    If LRM has any mental illness, it seems the prosecution isn't buying it.

    In the case of Vince Li, it was quickly agreed between the prosecution and the defence that VL was NCR. The trial lasted only 2 days with only 2 witnesses presented.

    ETA: I guess what I just said above doesn't support anything. Obviously the prosecution still went to trial with Vince Li ... just that by that time, the NCR was obvious to both sides. We could still see the same thing with LRM (although IMO, the prosecution will fight this one tooth and nail).

  3. #198
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    Quote Originally Posted by sillybilly View Post
    If LRM has any mental illness, it seems the prosecution isn't buying it.

    In the case of Vince Li, it was quickly agreed between the prosecution and the defence that VL was NCR. The trial lasted only 2 days with only 2 witnesses presented.
    I agree. They already have the goods on him, imo

  4. #199
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    Quote Originally Posted by ~n/t~ View Post
    I agree. They already have the goods on him, imo
    See my ETA above ~n/t~

    Vince Li's trial was so short that I had actually forgotten that it was in fact a trial. Of course there was a trial in order for him to plead Not Guilty and ultimately have a judge to find him Guilty but NCR.

  5. #200
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    Quote Originally Posted by jeanne View Post
    Maybe they're going for the 'Manny defense"
    Is that like the Xanny the Nanny defense?

  6. #201
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    Quote Originally Posted by prima.facie View Post
    Defence lawyer expressea concern that #Magnotta has not been able to take medication in jail.

    by PaolaSamuel via twitter 12:10 PM

    #magnotta sitting straight faced shows no emotion behind glass wall.

    by PaolaSamuel via twitter 12:13 PM

    #magnotta defence doesn't ask for psychiatric evaluation. Preliminary trial d for march 11 and 18rh.

    by PaolaSamuel via twitter 12:18 PM
    bbm:

    wow.... next March?



    (sorry guys... I am late to the this info!)

  7. #202
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    Quote Originally Posted by ~n/t~ View Post
    I'm not asking anyone to agree with my opinions in this case and I would ask those who are opposed not to tell me what I should or should not do.

    This ain't my first rodeo. Thanks
    Me either, ~n/t~, and I am right there with you on this case!
    Thoughts and prayers for the people of Paris and all of France!

  8. #203
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    According to this french report, Jun Lin's family was at the court house yesterday. High security and discreet.

    His parents, sister, uncle, a member of the Chinese Consulate and a friend of Jun Lin were there.

    http://www.lapresse.ca/actualites/do...8_accueil_POS4

  9. #204
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    Here is an English article.

    In a secluded room at the Montreal courthouse, out of reach of the media horde, the family of Jun Lin got an introduction to the Canadian justice system Thursday.
    http://fullcomment.nationalpost.com/...ice-in-action/


    Sad and appalling for family members to have to listen to how the accused murderer of their son/brother is concerned about the care he's receiving in jail.

    Ugh!

  10. #205
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    This seem like a fairly quick prelim hearing date to me. That gives the prosecution and defence about nine months to prepare and review evidence, in addition to dealing with other ongoing cases. I suspect that when March roles around, the prelim will be waived and a trial date will be set.

    "Two weeks beginning next March 11 have been set aside for a preliminary hearing to determine whether there is enough evidence to send Mr. Magnotta to trial for first-degree murder. The defence has opted for a trial by judge and jury."

    link


  11. #206
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    Quote Originally Posted by otto View Post
    This seem like a fairly quick prelim hearing date to me. That gives the prosecution and defence about nine months to prepare and review evidence, in addition to dealing with other ongoing cases. I suspect that when March roles around, the prelim will be waived and a trial date will be set.

    "Two weeks beginning next March 11 have been set aside for a preliminary hearing to determine whether there is enough evidence to send Mr. Magnotta to trial for first-degree murder. The defence has opted for a trial by judge and jury."

    link
    ITA otto ... there is too much evidence so the prelim should be unnecessary (unless the defence wants to buy even more time before a trial date is set).

  12. #207
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    Why Magnotta’s lawyers didn’t request a psychiatrist assessment

    http://www.globaltvedmonton.com/cana...863/story.html

  13. #208
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    Quote Originally Posted by jeanne View Post
    You know I have to ask you this, right? What if it is proven, beyond a doubt, that his actions were due to schizophrenia, or a drug interaction? Yes, this is going to cost us (the taxpayers) money, but isn't this the whole basis of a fair and just criminal system that a defendant be given all the tools at his disposal to prove he is not guilty, even if it is an insanity defense? I think we need to step back from our overwrought emotions and let this play out.
    Agree with you Jeanne, except for one thing: the defendant does not need to prove he is not guilty; he does not need to prove anything in fact: it is for the Prosecution to prove beyond reasonable doubt that the accused committed the acts he is charged with and is therefore guilty of the offences. Cornerstone of common law criminal justice system: innocent until PROVEN guilty (by the Crown). Magnotta can choose to simply put the Crown case to proof and could even choose to decline to call any evidence on his behalf. One thing is certain: if he chooses to call 'character evidence' he is going to have a difficult time finding witnesses since it seems his only friends were his own sockpuppets!
    Last edited by musician; 06-22-2012 at 08:12 PM. Reason: typo

  14. #209
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    Quote Originally Posted by fittzi View Post
    Why Magnotta’s lawyers didn’t request a psychiatrist assessment

    http://www.globaltvedmonton.com/cana...863/story.html
    My thoughts are that his lawyer declined to request a psych assessment from the Court because if he had, the document would be shared among Court and Prosecution as well. He can still get a psych assessment done and I would bet he will pay for a private one (rather than a Court-ordered one) from a top-notch psych. If Magnotta doesn't like what is contained in the report (which will comment on culpability and whether he knew what he was doing at the time was wrong etc) then he can throw it away; his lawyers are not required to release it to the Prosecution or the Court. They could "shop" around for a favourable psych report until they get one, then choose to disclose that to the Prosecution and to build a defence case using that report. That is my guess re what will happen.

  15. #210
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    "Police were hot on Luka Rocco Magnotta's trail just weeks before he allegedly killed and dismembered university student Jun Lin, according to a former landlord.

    Canadian law enforcement had tracked the 29-year-old porn actor and stripper to a Montreal apartment building as recently as March, says Magnotta's former landlord.

    He said a police detective phoned asking about Magnotta. But the query came too late — Magnotta had moved out about two weeks earlier."

    http://www.cbc.ca/news/canada/montre...d.html?cmp=rss

    more at link

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