Subpoena of witnesses for trial?

New Posts

Status
Not open for further replies.
C

calgarygal

New Member
Joined
Nov 18, 2008
Messages
7
Reaction score
0
I have been a lurker since day 1 and I apologize if I should have added to another thread rather than begin a new one.

I am also someone from Brad's past and cannot say much more without identifying myself. I do think I may know (or have met RKAB, Calgary123, or Jennifer...but will not say any more).

Does anyone familiar with NC law know whether a Canadian citizen can be subpoenaed for this trial? If so, is there a legal obligation or is more of a 'choice'?

I do have some perspective from my time knowing Brad and will post more. I would have at a much earlier date but I am perpetually time-challenged!

Thanks!
 
calgarygal said:
I have been a lurker since day 1 and I apologize if I should have added to another thread rather than begin a new one.

I am also someone from Brad's past and cannot say much more without identifying myself. I do think I may know (or have met RKAB, Calgary123, or Jennifer...but will not say any more).

Does anyone familiar with NC law know whether a Canadian citizen can be subpoenaed for this trial? If so, is there a legal obligation or is more of a 'choice'?

I do have some perspective from my time knowing Brad and will post more. I would have at a much earlier date but I am perpetually time-challenged!

Thanks!
Click to expand...

I don't know the answer to the question, but SG or RC might... they are verrrry knowledgeable about a lot of things and I'm sure they will be on to welcome you soon! I am so glad you are here and thank you for joining us! Welcome!
 
WELCOME CalgaryGirl!

Happy to have you join us! :canada: (I had clients in Calgary, Edmonton & Vancouver a long time ago and traveled in Western Canada. Also went to the World's Fair about 100 years ago (okay it was really 1986) ).

Anyway, as to your question, as far as I can determine, the subpoena powers of a U.S. court are limited outside the country's borders, therefore a subpoena originating from a state court jurisdiction in the U.S. does not have the exact same legal effect in Canada. A U.S. court can, of course, request the cooperation of a non-U.S. witness, but I don't know if such a witness can be forced to testify in a U.S. court for a state criminal case (and I don't believe a witness can be forced to travel to provide testimony).

Here is the specific wording from the U.S. State Dept, regarding unwilling witnesses (pertaining to Canada):

C. Compulsion of Testimony/Production of Documents

When a witness is unwilling to testify or when production of documents is required, litigants and tribunals must obtain the required evidence by a letter rogatory/letter of request to the appropriate Canadian court. In these circumstances, the services of a Canadian lawyer will be necessary. Information on preparation of Letters Rogatory is available from the Department of State''s automated fax service.

American parties to a proceeding may apply for an order to have evidence taken in Canada under the Canada Evidence Act (Revised Statutes of Canada, 1970, c. E-10) in criminal and civil matters or under the various provincial Evidence Acts in civil matters. Section 43 of the Canada Evidence Act empowers Canadian courts and judges to compel testimony or documentary evidence pursuant to a request from "any court or tribunal of competent jurisdiction...in any foreign country."

-------

I'm thinking that unless you have information pertaining to the murder, the prosecutors won't try to get you to testify. Your viewpoints about the defendant's personality or if you went through specific/related difficulties that show a pattern of certain (abusive/controlling) behavior that could relate to his more recent behavior (an aggravating factor), might be useful during the penalty phase of a trial *if* the death penalty is being considered. But it depends how long ago you knew BC and again, I don't know if anyone can 'force' you to testify (I doubt it).
 
calgarygal said:
I have been a lurker since day 1 and I apologize if I should have added to another thread rather than begin a new one.

I am also someone from Brad's past and cannot say much more without identifying myself. I do think I may know (or have met RKAB, Calgary123, or Jennifer...but will not say any more).

Does anyone familiar with NC law know whether a Canadian citizen can be subpoenaed for this trial? If so, is there a legal obligation or is more of a 'choice'?

I do have some perspective from my time knowing Brad and will post more. I would have at a much earlier date but I am perpetually time-challenged!

Thanks!
Click to expand...

Well, that's intriguing....what drew you to websleuths from day 1? just curious.

Looking forward to hearing more from you.

In your opinion, from your past knowledge of BC, is he most likely guilty of murdering NC?
 
Thanks Sleuthy! I knew you would more than likely have the answer. Just as an FYI, I wouldn't have an issue being called to testify or file an affy - especially in the interest of justice - but obviously it's not my choice to have my name dragged through the media and draw unnecessary publicity...
Appreciate the info!


news247 said:
Well, that's intriguing....what drew you to websleuths from day 1? just curious.

Looking forward to hearing more from you.

In your opinion, from your past knowledge of BC, is he most likely guilty of murdering NC?
Click to expand...

As soon as Nancy was reported missing (the news broke here shortly after) and Brad's name/photo were throughout the media, I was obviously more than interested and looked for as much information as I could find which ultimately led me here! I have wanted to post so many things but time was really a factor (and the fear of publicity).

I do think he is guilty and my experience with Brad is that he lacks any sort of conscience, lies quite effortlessly, and as others have said, he is a truly narcissistic individual. Initially I thought it may have just happened in the heat of a fight but I am starting to think he was planning it to some degree - I think the thought of having to pay child support, alimony, and so on was completely unjust in his mind and he was looking for an out.
 
calgarygal said:
Thanks Sleuthy! I knew you would more than likely have the answer. Just as an FYI, I wouldn't have an issue being called to testify or file an affy - especially in the interest of justice - but obviously it's not my choice to have my name dragged through the media and draw unnecessary publicity...
Appreciate the info!




As soon as Nancy was reported missing (the news broke here shortly after) and Brad's name/photo were throughout the media, I was obviously more than interested and looked for as much information as I could find which ultimately led me here! I have wanted to post so many things but time was really a factor (and the fear of publicity).

I do think he is guilty and my experience with Brad is that he lacks any sort of conscience, lies quite effortlessly, and as others have said, he is a truly narcissistic individual. Initially I thought it may have just happened in the heat of a fight but I am starting to think he was planning it to some degree - I think the thought of having to pay child support, alimony, and so on was completely unjust in his mind and he was looking for an out.
Click to expand...

So, in your opinion,would it be correct to say that he was seeking custody for only his own nefarious means?

Have you had opportunity to view him enteract with his children?

SORRY to be so nosey! I am just trying to get a grip on his character and his relationship with his children prior to NC's death.
 
Perhaps it's time to contact AS like BC's prior to Nancy girlfriend did.
 
news247 said:
So, in your opinion,would it be correct to say that he was seeking custody for only his own nefarious means?

Have you had opportunity to view him enteract with his children?

SORRY to be so nosey! I am just trying to get a grip on his character and his relationship with his children prior to NC's death.
Click to expand...

Not at all...I understand the curiousity. I realize that some people will vehemently disagree with this but I DO think that his seeking custody was far less to do with the well being of the girls and much more to do with optics - i.e. appearing to be a caring father. Although I have never had an opportunity to see Brad with his children, I'm quite honestly surprised he had children...he really was all about Brad. I know that many feel that he was fighting hard for his children but I don't really know if that was what it was about for him if you catch what I mean. I 'm certain that he wouldn't have harmed them physically but I don't think he had the capacity to be really warm and nurturing.
 
calgarygal said:
Thanks Sleuthy! I knew you would more than likely have the answer. Just as an FYI, I wouldn't have an issue being called to testify or file an affy - especially in the interest of justice - but obviously it's not my choice to have my name dragged through the media and draw unnecessary publicity...
Appreciate the info!
Click to expand...

You're very welcome! I'm neither a lawyer nor in the legal field so take what I posted with a huge grain of Google salt and consult a real lawyer in the land of Canadia if you need a definitive answer! I do understand your wanting to stay out of and away from the media, esp. for a criminal case.

I have wanted to post so many things but time was really a factor (and the fear of publicity).

I do think he is guilty and my experience with Brad is that he lacks any sort of conscience, lies quite effortlessly, and as others have said, he is a truly narcissistic individual. Initially I thought it may have just happened in the heat of a fight but I am starting to think he was planning it to some degree - I think the thought of having to pay child support, alimony, and so on was completely unjust in his mind and he was looking for an out.
Click to expand...

We're always interested in viewpoints and yours are equally welcome if you choose to share additional thoughts. Interesting that everyone who knew him starting way back has generally used similar words to describe his personality and their dealings w/him.
 
SleuthyGal said:
We're always interested in viewpoints and yours are equally welcome if you choose to share additional thoughts. Interesting that everyone who knew him starting way back has generally used similar words to describe his personality and their dealings w/him.
Click to expand...

Yes I think it is quite indicative of a personality when several individuals with different experiences with him at different times all have the same perspective.
 
calgarygal said:
I am also someone from Brad's past and cannot say much more without identifying myself. I do think I may know (or have met RKAB, Calgary123, or Jennifer...but will not say any more).

Does anyone familiar with NC law know whether a Canadian citizen can be subpoenaed for this trial? If so, is there a legal obligation or is more of a 'choice'?


Thanks!
Click to expand...
My suggestion would be to try to make contact with the 3 you have mentioned. See what they are doing to prepare for the 'just in case' scenario. They might be able to enlighten you or have some suggestions since you all are in the same situation.
 
Great idea...but I hope they read this b/c for whatever reason, I am not allowed to PM anyone???
 
And no one can PM you, looks like... perhaps it is just that you are new?
 
I believe the PM ability is in the user profile settings, have to choose to allow it.
 
IMHO at this juncture, unless there was a witness to NC's murder, a character reference is all anyone else could offer. Seems there are LOTS of character affidavits and one more may serve as more ammo for the prosecution; "gravy" sort-of-speak.
 
Thanks for the juicy info, Calgary.

BTW, you seem to have the same perspective as BC's other ex-relationships. Especially on the part where the custody and divorce come into play. I remember RKAB and others saying that the divorce draft Nancy put forth to Brad would have rendered him "livid". It did.

I notice the lying effortlessly. Add to that, articulately, most of the time. He lies selectively too, to guard his interests of course! I wish that I could lie as arrogantly and articulately as he does, when I would so choose. Narcissicist...got that one.

He seems to do lots of things "effortlessly".

How about his mom. Did you ever interact with her? Her personality interests me. The parents, the family, how they interact. Of course we don't see behind closed doors. Were you able to know BC when he was younger, to say what you noticed about his social characteristics early on? Or knew someone who would know? We like the beefy details, ha!
 
Oh wait! Calgarygirl, you've solved the "Celine" mystery. You are Celine Dionne, aren't you?

OK. That was not funny, was it?
 
Welcome CalgaryGal, :):)

I am also a Canadian. I completely understand why you may not want to share some information. Please only share what you feel comfortable with and do protect your anonymity. I hope you find what you came on the board for. Thanks for your insight!
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Staff online

Members online

... and 217 more.
Total: 3,387 (members: 218, guests: 3,169)

Online statistics

Members online
218
Guests online
3,169
Total visitors
3,387
Totals may include hidden visitors.

Forum statistics

Threads
592,309
Messages
17,967,130
Members
228,739
Latest member
eagerhuntress
Back
Top