BeanE
Inactive
The San Antonio state attorney (SA SA) is in a tough position right now, and having to make some tough decisions. In this dance they must do, what steps will they take?
The fate of a defenseless baby, Gabriel Johnson, is at stake.
For example, let's say the SA SA is thinking of pressing homicide charges against Elizabeth. Decisions have to be made in light of the fact that Gabe's body has not been found. Were they to bring charges against Tammi, for example, that indicated her involvement in Gabe's disappearance, then the SA SA would put in the position of taking conflicting stances in two prosecutions, Elizabeth's and Tammi's.
The SA SA can not say "we believe Tammi participated in Gabe's disappearance by arranging for Gabe to be given or sold to another person" *and* say "we believe Elizabeth murdered Gabe". The two directly conflict.
Hence, the tough decisions they have to make. They have to pick only one.
Suppose they charge Tammi with something like kidnapping or human trafficking, and then Gabe's body is found, in a diaper bag, w/COD suffocation?
Suppose they charge Elizabeth with homicide, and then Gabe is found alive at Tammi's timeshare with a friend or relative of hers?
Suppose they charge Elizabeth with homicide, and then Gabe's body is found, and there is clearcut evidence that Elizabeth gave or sold Gabe to someone, without Tammi's involvement, and that person harmed Gabe?
And, most importantly, if and when they make that decision to charge Elizabeth with homicide, LE's search for Gabe will stop. A prosecutor can not say both "we believe this child was murdered" *and* "we believe this child may be alive so we must search for him". It's one or the other, and LE follows the lead of the SA.
We deal with three things in many of these cases: the reality of what happened to the victim, the unknown, and the legal machinations of prosecution.
I'm surprised there's been no discussion of the future charging and prosecution issues in this case. They're complex, and if Gabe is still with us, his life and well-being are at stake.
- What has the SA SA decided?
- What are they still trying to decide?
- Will they take that big, risky step of charging Elizabeth with homicide? What - will they do before taking that step in order to make a decision like that?
- Will they ensure that Gabe is given every chance possible?
- How will they do that?
The SA SA dance is a hard one I'd not want to have to do. It's a dance with the devil, in which justice of many kinds is at stake for a defenseless baby.
What is legally savvy, politically pleasing, is not always what is morally right and just. It is not always what is in the best interests of the victim.
I pray that the San Antonio Police Department and the San Antonio State Attorney will *not* classify Gabriel's case as a homicide case unless and until Gabriel is found deceased, and that until that time, they will actively and diligently search for this baby alive.
It's what Gabe deserves.
Justice for Gabriel.
The fate of a defenseless baby, Gabriel Johnson, is at stake.
For example, let's say the SA SA is thinking of pressing homicide charges against Elizabeth. Decisions have to be made in light of the fact that Gabe's body has not been found. Were they to bring charges against Tammi, for example, that indicated her involvement in Gabe's disappearance, then the SA SA would put in the position of taking conflicting stances in two prosecutions, Elizabeth's and Tammi's.
The SA SA can not say "we believe Tammi participated in Gabe's disappearance by arranging for Gabe to be given or sold to another person" *and* say "we believe Elizabeth murdered Gabe". The two directly conflict.
Hence, the tough decisions they have to make. They have to pick only one.
Suppose they charge Tammi with something like kidnapping or human trafficking, and then Gabe's body is found, in a diaper bag, w/COD suffocation?
Suppose they charge Elizabeth with homicide, and then Gabe is found alive at Tammi's timeshare with a friend or relative of hers?
Suppose they charge Elizabeth with homicide, and then Gabe's body is found, and there is clearcut evidence that Elizabeth gave or sold Gabe to someone, without Tammi's involvement, and that person harmed Gabe?
And, most importantly, if and when they make that decision to charge Elizabeth with homicide, LE's search for Gabe will stop. A prosecutor can not say both "we believe this child was murdered" *and* "we believe this child may be alive so we must search for him". It's one or the other, and LE follows the lead of the SA.
We deal with three things in many of these cases: the reality of what happened to the victim, the unknown, and the legal machinations of prosecution.
I'm surprised there's been no discussion of the future charging and prosecution issues in this case. They're complex, and if Gabe is still with us, his life and well-being are at stake.
- What has the SA SA decided?
- What are they still trying to decide?
- Will they take that big, risky step of charging Elizabeth with homicide? What - will they do before taking that step in order to make a decision like that?
- Will they ensure that Gabe is given every chance possible?
- How will they do that?
The SA SA dance is a hard one I'd not want to have to do. It's a dance with the devil, in which justice of many kinds is at stake for a defenseless baby.
What is legally savvy, politically pleasing, is not always what is morally right and just. It is not always what is in the best interests of the victim.
I pray that the San Antonio Police Department and the San Antonio State Attorney will *not* classify Gabriel's case as a homicide case unless and until Gabriel is found deceased, and that until that time, they will actively and diligently search for this baby alive.
It's what Gabe deserves.
Justice for Gabriel.