Boyfriend murders woman, unborn child
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20061102/NEWS01/61102038
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20061102/NEWS01/61102038
IA - Miriam 'Mimi' Carmona, 22, pregnant, murdered, Muscatine, 22 Oct 2006
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Mygirlsadie
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How terrible.. I wonder what the motive was? Not that any motive will ever justify what happened here but I am just curious.
Opie
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Perhaps his motive was similar to that of Scott Lee Peterson? Man enough (in his own estimation) to make that baby, not man enough to assume the associated responsibilities. I guess the motive will be made known at a later date.
Belinda
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By Ann McGlynn | Posted: Thursday, June 18, 2009 12:00 am |
The conviction of a Muscatine man found guilty in the death of a woman and her unborn child was overturned Wednesday by the Iowa Court of Appeals because the state did not prove it had jurisdiction to prosecute the case, documents say.
The court ordered the case dismissed. However, state officials indicated they will ask the Iowa Supreme Court to review the reversal.
Meanwhile, Victor Serrato will remain in custody. He was found guilty of the murder of Miriam Carmona.
snip
Muscatine County Attorney Gary Allison said he was disappointed with the decision. His office has contacted the Rock Island County States Attorney regarding the ruling and hopes for review by the Iowa Supreme Court.
If necessary, we and the Muscatine Police Department will provide our full support to a murder prosecution of Victor Serrato in the State of Illinois, Allison said.
More at link.
http://www.muscatinejournal.com/news/local/article_52df2504-94a6-50a5-8827-8cb3926eb6a7.html
The conviction of a Muscatine man found guilty in the death of a woman and her unborn child was overturned Wednesday by the Iowa Court of Appeals because the state did not prove it had jurisdiction to prosecute the case, documents say.
The court ordered the case dismissed. However, state officials indicated they will ask the Iowa Supreme Court to review the reversal.
Meanwhile, Victor Serrato will remain in custody. He was found guilty of the murder of Miriam Carmona.
snip
Muscatine County Attorney Gary Allison said he was disappointed with the decision. His office has contacted the Rock Island County States Attorney regarding the ruling and hopes for review by the Iowa Supreme Court.
If necessary, we and the Muscatine Police Department will provide our full support to a murder prosecution of Victor Serrato in the State of Illinois, Allison said.
More at link.
http://www.muscatinejournal.com/news/local/article_52df2504-94a6-50a5-8827-8cb3926eb6a7.html
Belinda
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MUSCATINE, Iowa — The Iowa Supreme Court will review a lower court’s decision to overturn the murder conviction of a Muscatine man.
The court will hear oral arguments in the case of Victor Serrato on Jan. 21 in Des Moines.
http://qctimes.com/news/local/crime-and-courts/article_4473b67e-fa56-11de-993e-001cc4c002e0.html
ETA: As of today, the Supreme Court has not yet issued a decision in this case.
The court will hear oral arguments in the case of Victor Serrato on Jan. 21 in Des Moines.
http://qctimes.com/news/local/crime-and-courts/article_4473b67e-fa56-11de-993e-001cc4c002e0.html
ETA: As of today, the Supreme Court has not yet issued a decision in this case.
Belinda
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I have to be honest and wonder what the hell difference it makes where someone is tried? If the evidence is there, a crime should be able to be tried anywhere. It's is just foolishness that is completely unnecessary. I sincerely believe in people getting a fair trial, but it has gotten so completely ridiculous that each trial costs a fortune because of so much stupid, technical hoo-ha. Now, the taxpayers may have to fund an entire new trial, because it has to be tried somewhere else? What utter nonsense. So, if they don't know exactly where someone was murdered, no one can be tried for it? Jeesh.
Jurisdiction is VERY important. State law and especially criminal law is different. Some states have the death penalty, others don't. Some states allow medical marijuana, others don't. Unless it is a federal crime, it is very important that the state and locality have jurisdiction. The differences even go so far as what evidence/testimony will be allowed and what won't.
I don't know the differences between OH and IL - maybe the max. sentence in IL is only 15 years for such a crime? I don't know, I'm just throwing out examples.
It may be that after all this legal fignaling, the perp finds he should have just stayed put! Maybe IL's minimum sentence is 20 years and if they try the case, he will get life. My thought though is that IL might be less stringent because otherwise you wouldn't want to take the risk, kwim?
But look what happened to CA - she asked for a new judge and she got one, and I can't help but think that she did herself damage!
Salem
I don't know the differences between OH and IL - maybe the max. sentence in IL is only 15 years for such a crime? I don't know, I'm just throwing out examples.
It may be that after all this legal fignaling, the perp finds he should have just stayed put! Maybe IL's minimum sentence is 20 years and if they try the case, he will get life. My thought though is that IL might be less stringent because otherwise you wouldn't want to take the risk, kwim?
But look what happened to CA - she asked for a new judge and she got one, and I can't help but think that she did herself damage!
Salem
Belinda
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Thanks Salem. Very excellent points that, in my annoyance, I didn't even think of. However it seems like, if this was going to be an issue, it should have been addressed to begin with, during motions. Now they want to use it because they lost the trial and I think it should be too late to raise such a basic question.