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  1. #1
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    MO - Shawn Hornbeck/Ben Ownby General Case Discusssion

    Jeana was right, the last thread became too long. Sometimes we need a thread to post to that doesn't fit the subject of other threads on the Board.


  2. #2
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    Thanks Tom'sGirl for starting this thread!

    I have a question and don't want to mess up the Legal Proceedings thread with a question that might lead to speculation and opinion.

    Am I correct that although Devlin's plea is "not guilty" in the kidnapping of Ben and of Shawn in both Franklin and Washington counties, he did initially admit to kidnapping Ben? And, when the St. Louis County prosecutor filed the 71 charges on Monday, one of the articles stated that Devlin admitted to those charges.

    My question........is it a matter legally that Devlin is guilty, but will use those "not guilty" pleas in an attempt to mitigate his sentence to the lesser of two evils, state prison versus mental hospital?

    I'm reminded of John Hinckley, the man who attempted to assassinate President Ronald Reagan. His defense argued for Hinckley to be placed in a mental hospital. Hinckley has been institutionalized in a mental hospital ever since, but in recent years has been given lengthy passes out of the hospital to visit with his parents and relatives. At some point, he may be allowed to remain out of the hospital. I'd hate to think of Devlin ever getting the opportunity to be released from a mental hospital

    The prosecutors in the case don't have to agree to any plea bargaining, but if they don't, doesn't that mean that there has to be a trial?


  3. #3
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    Quote Originally Posted by Leila
    Thanks Tom'sGirl for starting this thread!

    I have a question and don't want to mess up the Legal Proceedings thread with a question that might lead to speculation and opinion.

    Am I correct that although Devlin's plea is "not guilty" in the kidnapping of Ben and of Shawn in both Franklin and Washington counties, he did initially admit to kidnapping Ben? And, when the St. Louis County prosecutor filed the 71 charges on Monday, one of the articles stated that Devlin admitted to those charges.

    My question........is it a matter legally that Devlin is guilty, but will use those "not guilty" pleas in an attempt to mitigate his sentence to the lesser of two evils, state prison versus mental hospital?

    I'm reminded of John Hinckley, the man who attempted to assassinate President Ronald Reagan. His defense argued for Hinckley to be placed in a mental hospital. Hinckley has been institutionalized in a mental hospital ever since, but in recent years has been given lengthy passes out of the hospital to visit with his parents and relatives. At some point, he may be allowed to remain out of the hospital. I'd hate to think of Devlin ever getting the opportunity to be released from a mental hospital

    The prosecutors in the case don't have to agree to any plea bargaining, but if they don't, doesn't that mean that there has to be a trial?
    There are many here who are well versed in the law (I'm not one of them) that could answer that question..............anyone???


    ETA: I dug this up from an old article:

    UNION, Missouri (CNN) -- Pizza manager Michael J. Devlin admitted to police that he snatched a 13-year-old Missouri boy, a prosecutor said Thursday.

    "When Mr. Devlin was taken into custody, he did confess that he had kidnapped Ben Ownby from Franklin County," prosecutor Robert Parks said.

    Devlin, 41, pleaded not guilty to kidnapping a child under age 14 at a hearing Thursday. The boy was referred to in court by his initials, "W.O.

    "I'm not guilty," Devlin said during a brief appearance via video link from the county jail. The charge carries a maximum penalty of 30 years to life in prison.

    Security concerns kept Devlin from appearing in person before Judge David Tobin at the Franklin County Courthouse. He is being held in isolation on $1 million bail.

    Devlin's attorneys said the not guilty plea was a procedural matter. They would not comment on the alleged confession, which was revealed after the hearing.

    http://www.cnn.com/2007/LAW/01/18/devlin.hearing/index.html


  4. #4
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    A question: Does anyone know how far MD's apartment is from his parent's house?

    The reason I'm asking is because I've wondered if there was any way MD could have taken Shawn by his parents' house (right before his surgery) so Shawn could sneak over there during the night to hide in Devlin's room. Devlin's parents are elderly, and depending on how MD's bedroom was set up compared to the rest of the house, maybe it's a possibility?


  5. #5
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    Mental Insitution

    Am I thinking right on this? It was said by someone on Nancy Grace. Some lady nancy was interviewing. That she would like to see Delvin go to a mental instioution. Well don't you have to be proven mentally incomp. to use in insanity defense? Well when Delvin stated he didn't know what he was going to tell his parents. By him saying that shows that he knows he did wrong. So he knew the difference between right and wrong. To use the insanity defense you can't distinguish between right and wrong. Isn't this right? TY


  6. #6
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    Pleading "Not Guilty"

    Franklin County Prosecuting Attorney Robert Parks said Devlin confessed to kidnapping Ownby when he was arrested. But Devlinís attorneys, Ethan Corlija and Michael Kielty, said a guilty plea is not an option. Devlin appeared before Judge David Tobin. Corlija said Tobin has no authority as an associate circuit judge under Missouri law to accept a guilty plea.

    http://www.courthousenews.com/Jump.Jan.18.htm

    I think it's just a technicality at this point...


  7. #7
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    Quote Originally Posted by smalltowngal
    Am I thinking right on this? It was said by someone on Nancy Grace. Some lady nancy was interviewing. That she would like to see Delvin go to a mental instioution. Well don't you have to be proven mentally incomp. to use in insanity defense? Well when Delvin stated he didn't know what he was going to tell his parents. By him saying that shows that he knows he did wrong. So he knew the difference between right and wrong. To use the insanity defense you can't distinguish between right and wrong. Isn't this right? TY
    From what I know about the insanity defense, you're right, it's an issue of knowing right from wrong. I don't think Devlin is legally insane...just sick and perverted.


  8. #8
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    Quote Originally Posted by WhiteWolf
    A question: Does anyone know how far MD's apartment is from his parent's house?

    The reason I'm asking is because I've wondered if there was any way MD could have taken Shawn by his parents' house (right before his surgery) so Shawn could sneak over there during the night to hide in Devlin's room. Devlin's parents are elderly, and depending on how MD's bedroom was set up compared to the rest of the house, maybe it's a possibility?
    I don't have the parents' address, but from what I remember, they live in Webster Groves. According to Yahoo Driving Directions , Webster Groves is about 3 miles away from Kirkwood.


  9. #9
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    Just saw this on CNN..hope this is the right place to post it

    They've just discovered a huge pornography ring online:
    http://www.cnn.com/2007/WORLD/europe....ap/index.html

    This could help in this case and many others discussed on here.


  10. #10
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    Quote Originally Posted by shergal
    They've just discovered a huge pornography ring online:
    http://www.cnn.com/2007/WORLD/europe....ap/index.html

    This could help in this case and many others discussed on here.
    I got that alert this morning also shergal. To think how many are out there that they haven't discovered is really mind bending isn't it? The thought that maybe someone could be a neighbor on a computer doing this is also scary!


  11. #11
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    Quote Originally Posted by Gina_M
    I don't have the parents' address, but from what I remember, they live in Webster Groves. According to Yahoo Driving Directions , Webster Groves is about 3 miles away from Kirkwood.
    Both Rose Hill and Florence Avenue are listed for the senior Devilins, Joyce & James. You can't really go by addresses listed, as they group all possible family members at each address.

    However the Rose Hill zip code is for Kirkwood, and the one for the Florence address is the zip code for Webster Groves, which is 4 miles from MD's apartment.


  12. #12
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    I see a lot of media links on this thread. Just want to remind everyone that there is a sticky above that is limited to ONLY media links should anyone want to add their's on it instead of taking the risk that an important one might be lost in the future.


  13. #13
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    As we wait for more information to come forward, or be released to answer our questions I hope the following will be answered.

    • How/why did Michael Devlin choose Shawn to abduct, was it random or had he been watching him?
    Am I the only one who has wondered this???


  14. #14
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    Just got this online

    Bill O'Reilly Removed from NCMEC Speaker Gig
    By Steve Huff(Steve Huff)
    Bill O'Reilly's execrable statements made shortly after the recovery of Shawn Hornbeck and Ben Ownby have come back to haunt him again. After O'Reilly's statements, Keith Olbermann pointed out the fact that O'Reilly was scheduled to be ...


  15. #15
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    Quote Originally Posted by Tom'sGirl
    As we wait for more information to come forward, or be released to answer our questions I hope the following will be answered.


    • How/why did Michael Devlin choose Shawn to abduct, was it random or had he been watching him?
    Am I the only one who has wondered this???
    Good point! I've wondered if Devlin watched Shawn for a period of time, trying to determine his approximate age, if he regularly rode his bike alone, if he took the same route when he rode his bike.

    Shaw was in little league. Did Devlin attend a local little league game and observe the boys playing and picked Shawn out?

    Also.......with Ben........did Devlin watch the school bus for a few days and see who got off the bus and if they walked alone? Also trying to make a visual sizing up - did Ben fit his preferred age?


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