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  1. #1
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    The Burglary and the Jacket

    Thank you to all who have been puzzling through the burglary charge. I think it is pretty clear that he entered without permission, both by his own words and the homeowner stating she was not aware of it until after the fact.

    However, the charge requires the intent to do a crime other than just the unlawful entry. His charge specifies a misdemeanor crime other than trespassing and A&B. So it can't be just the fact that he was trespassing on someone else's property.

    So what is that other misdemeanor charge??

    The judge dismissed it originally because the prosecutor didnít show intent of committing another crime while he was in there (if he was just "making the evidence come to light").

    Why isn't he just charged with trespassing or unlawful entry?

    The only thing I can think of is there is evidence that he did plant AJ's Longwood jacket. What that evidence would be, I have no idea.

    But I don't see how (other than GJs indicting ham sandwiches) the burglary charge was done, since there is no accompanying other misdemeanor charge.

    Hope that made sense. I think I just gave myself a headache.

  2. #2
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    Quote Originally Posted by Hoosgirl View Post
    Thank you to all who have been puzzling through the burglary charge. I think it is pretty clear that he entered without permission, both by his own words and the homeowner stating she was not aware of it until after the fact.

    However, the charge requires the intent to do a crime other than just the unlawful entry. His charge specifies a misdemeanor crime other than trespassing and A&B. So it can't be just the fact that he was trespassing on someone else's property.

    So what is that other misdemeanor charge??

    The judge dismissed it originally because the prosecutor didn’t show intent of committing another crime while he was in there (if he was just "making the evidence come to light").

    Why isn't he just charged with trespassing or unlawful entry?

    The only thing I can think of is there is evidence that he did plant AJ's Longwood jacket. What that evidence would be, I have no idea.

    But I don't see how (other than GJs indicting ham sandwiches) the burglary charge was done, since there is no accompanying other misdemeanor charge.

    Hope that made sense. I think I just gave myself a headache.
    Thank you, Hoosgirl, for taking the hit on the headache trying to figure it out. Hope it goes away fast. I'm useless in such considerations and WSers who know are a great help. Things like, Hadsell is the first man I've ever heard of to look behind couch cushions, puzzle me.


    Off topic:

    http://wtkr.com/2015/05/20/foia-requ...ed-improperly/
    Last edited by FindHG; 05-20-2015 at 11:07 PM.

  3. #3
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    Quote Originally Posted by Hoosgirl View Post
    Thank you to all who have been puzzling through the burglary charge. I think it is pretty clear that he entered without permission, both by his own words and the homeowner stating she was not aware of it until after the fact.

    However, the charge requires the intent to do a crime other than just the unlawful entry. His charge specifies a misdemeanor crime other than trespassing and A&B. So it can't be just the fact that he was trespassing on someone else's property.

    So what is that other misdemeanor charge??

    The judge dismissed it originally because the prosecutor didnít show intent of committing another crime while he was in there (if he was just "making the evidence come to light").

    Why isn't he just charged with trespassing or unlawful entry?

    The only thing I can think of is there is evidence that he did plant AJ's Longwood jacket. What that evidence would be, I have no idea.

    But I don't see how (other than GJs indicting ham sandwiches) the burglary charge was done, since there is no accompanying other misdemeanor charge.

    Hope that made sense. I think I just gave myself a headache.
    AND its the very same statue code as originally used. JMO they could have used J Fisher video interview to show some sort of intent.
    Judge threw out because Pros didn't show intent prior.

    Wording on "charge" is different. Orig>break and enter of the dwelling house of R.S. while it was occupied with the intent to commit a misc other than assault and battery or trespass https://drive.google.com/file/d/0B6Q...Szg/view?pli=1

    New : Statutory Burglary 18.2-92
    vail http://www.websleuths.com/forums/sho...0#post11715740

  4. #4
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    Quote Originally Posted by Hoosgirl View Post
    Thank you to all who have been puzzling through the burglary charge. I think it is pretty clear that he entered without permission, both by his own words and the homeowner stating she was not aware of it until after the fact.

    However, the charge requires the intent to do a crime other than just the unlawful entry. His charge specifies a misdemeanor crime other than trespassing and A&B. So it can't be just the fact that he was trespassing on someone else's property.

    So what is that other misdemeanor charge??

    The judge dismissed it originally because the prosecutor didn’t show intent of committing another crime while he was in there (if he was just "making the evidence come to light").

    Why isn't he just charged with trespassing or unlawful entry?

    The only thing I can think of is there is evidence that he did plant AJ's Longwood jacket. What that evidence would be, I have no idea.

    But I don't see how (other than GJs indicting ham sandwiches) the burglary charge was done, since there is no accompanying other misdemeanor charge.

    Hope that made sense. I think I just gave myself a headache.
    Since he was served with a Capias arrest warrant for this charge, and sometimes those warrants are issued due to a sworn affidavit from someone with personal knowledge of the crime, is it possible someone came forward and swore under oath that Wes told them he broke into that house for the specific goal of planting AJ's jacket to be "found" later?

  5. #5
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    Quote Originally Posted by Eileen730 View Post
    One of these threads here it says he lives within walking distance to JH. I read it yesterday.
    I know this neighborhood. I know where JH lives and I know where ZH lives. Is it within "walking distance", yes. Would that be a very LONG walk...absolutely.
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  6. #6
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    Quote Originally Posted by Mountain_Kat View Post
    I know this neighborhood. I know where JH lives and I know where ZH lives. Is it within "walking distance", yes. Would that be a very LONG walk...absolutely.
    Clearly I missed something. What is the significance of the distance between the two homes? I've scrolled back but I can't seem to find what that has to do with.

  7. #7
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    Quote Originally Posted by Ontario Mom View Post
    Clearly I missed something. What is the significance of the distance between the two homes? I've scrolled back but I can't seem to find what that has to do with.
    I assumed from Eileen's post that there had been some implication that AJ might have walked to Zach's house, because the 2 homes are within "walking distance". Are they within walking distance? Yes, if you like to walk. They are close to 4 miles apart. That walk would take roughly an hour and 20 minutes. Let's not forget there was snow on the ground and AJ had on only her Longwood jacket...so that would have been a VERY uncomfortable hour and 20 minute walk, IMO.
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  8. #8
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    Quote Originally Posted by Mountain_Kat View Post
    I assumed from Eileen's post that there had been some implication that AJ might have walked to Zach's house, because the 2 homes are within "walking distance". Are they within walking distance? Yes, if you like to walk. They are close to 4 miles apart. That walk would take roughly an hour and 20 minutes. Let's not forget there was snow on the ground and AJ had on only her Longwood jacket...so that would have been a VERY uncomfortable hour and 20 minute walk, IMO.
    Link? Just kidding. I never saw any implication of her walking to his house but yes, that distance in that weather with just a light jacket? Not at all likely IMO.

  9. #9
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    Quote Originally Posted by Mountain_Kat View Post
    I assumed from Eileen's post that there had been some implication that AJ might have walked to Zach's house, because the 2 homes are within "walking distance". Are they within walking distance? Yes, if you like to walk. They are close to 4 miles apart. That walk would take roughly an hour and 20 minutes. Let's not forget there was snow on the ground and AJ had on only her Longwood jacket...so that would have been a VERY uncomfortable hour and 20 minute walk, IMO.
    Just for clarification, if you will go back to this comment and read forward, you will see that no one made implications that AJ might have walked to Zach home or anyone home for that matter.

  10. #10
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    Just checking in to see if we have had a POI announced yet. As far as I can tell no. I wanted to bring forward a very powerful post by Tricia.
    BBM. Have a Safe Memorial Day Weekend!
    Hi Everyone,

    Please think about what I am going to say to you.

    Your Words Have Power!!!

    The power to heal, the power to help, the power to HURT and the power to make things worse.

    Remember Richard Ricci? The Salt Lake Police were absolutely positive he took Elizabeth Smart.

    He had a long felony record, he was on probation, and a few months before Elizabeth went missing he had worked for her father Ed on the family house. Ricci knew the house and where
    the family slept.

    It didn't matter that Ricci hadn't seen the Smart family in a long time. LE decided this guy WAS GUILTY. HE KILLED ELIZABETH.

    Most of us jumped on that bandwagon of hate for Richard Ricci.

    We were all wrong. WRONG.

    But it was too late. Ricci's brain exploded inside prison and he died of a brain hemorrhage.

    His widow, along with most people, believe the police put so much pressure on him to admit to taking Elizabeth that his head exploded.

    Elizabeth turned up a few months later. Having been taken by two religious nuts. She was OK.

    In cases like AJ's I'm reminded of Richard Ricci and how easy it is to jump on the guilty bandwagon,

    Yes WH has a past but does it mean he has anything to do with AJ's disappearance?

    Please be careful. Now that we are discussing WH's past records it is easy to take those big steps and leap into something more horrific involving AJ's disappearance.


    Please think before you post. At the end of the day if you are wrong those words are yours and yours alone.

    Your words have power.

    Tricia
    http://www.websleuths.com/forums/sho...4#post11614844


  11. #11
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    Quote Originally Posted by arkansasmimi View Post
    Just for clarification, if you will go back to this comment and read forward, you will see that no one made implications that AJ might have walked to Zach home or anyone home for that matter.
    Thank you. I'm having serious issues with this page loading and reloading constantly because of the ads, so it's entirely possible I missed some posts which would have put this into context for me.
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  12. #12
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    Quote Originally Posted by arkansasmimi View Post
    Just checking in to see if we have had a POI announced yet. As far as I can tell no. I wanted to bring forward a very powerful post by Tricia.
    BBM. Have a Safe Memorial Day Weekend!
    For further clarification, Tricia's comment referenced in your post is dated 3/22/15 . It is now May 23, 2015...and we have a great deal more information now than we had then.
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  13. #13
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    Quote Originally Posted by Mountain_Kat View Post
    For further clarification, Tricia's comment referenced in your post is dated 3/22/15 . It is now May 23, 2015...and we have a great deal more information now than we had then.
    In reference to AJ disappearance and death? I have been out of town for a few days and just checking in and so possible I missed. Can you direct me to a link to where Wes has been arrested or named as a POI? I looked, but possible I missed an arrest or anything new in regards to cause of death.

    Until then, I still see very much relevance to her comment. Just my honest opinion.

  14. #14
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    Quote Originally Posted by arkansasmimi View Post
    In reference to AJ disappearance and death? I have been out of town for a few days and just checking in and so possible I missed. Can you direct me to a link to where Wes has been arrested or named as a POI? I looked, but possible I missed an arrest or anything new in regards to cause of death.

    Until then, I still see very much relevance to her comment. Just my honest opinion.
    BBM

    Nope.

    I am simply pointing out that the comment you referenced was dated 3/22/15. You may not think much has changed since then, and you are entitled to your opinion. I simply don't agree with it.
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  15. #15
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    Quote Originally Posted by Mountain_Kat View Post
    Thank you. I'm having serious issues with this page loading and reloading constantly because of the ads, so it's entirely possible I missed some posts which would have put this into context for me.
    It was further along, posts 403 and 404. Just so you know you're not crazy!

    Back to the court hearing topic. Anyone want to hazard a guess as to whether the bench trial will happen as planned, or will there be a continuance, or a plea?

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