GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 # 5

Status
Not open for further replies.
I'd like to know whats the procedure for how the charges were brought down on Stephen.. Meaning once they had the warrant for felony murder charges how was this served on Stephen in the infirmary ward of the jail?

Who would be the one to do this? Lead investigator? Would they go in and just read to SM the new charge and then leave? Is he handcuffed and taken in and mirandized asking if he wants to make a statement? Of course which we know at that time he would ask for his ATTY.. So does anyone know how this procedure went down I am interested to know..
Tuesday night, the stakes got higher, when Bibb County District Attorney Greg Winters stepped up to McDaniel’s cell at about 9:30 to serve a murder warrant.
McDaniel, a 25-year-old Lilburn native who had declined to talk to police during his monthlong incarceration, again kept his mouth shut.
 
I agree too. I don't think it was a burglary. Wouldn't SMD have been caught off-guard if she walked in on him in her apartment when he didn't expect her to be home? It's been mentioned several times before how she was a strong, tall woman and he is not that big. I don't see him overtaking her in that situation. If anything he was probably inside the apartment waiting on her to come in.

He had two to three inches on her in height, and they would have been roughly comparable in weight, so I guess it's not impossible. I don't know, maybe if she was home asleep I can see how he overpowered her. Maybe. I have a hard time imagining any situation short of a direct gunshot where he could have taken her out with so little disturbance, but I guess I have a hard time imagining any of this.
 
Wondering Hyrax: Can Winters add additional charges or even change the original complaint if additional evidence come to fruition? I kind of think this was rushed to get ahead of the bond hearing that was coming up on Thursday?

I know very little about criminal law.

They can always add additional crimes that are discovered later. They wouldn't want to contradict something in a previous filing or anything, but adding a new or unrelated crime wouldn't be a problem. Dunno, without seeing any of the actual warrants here, it's hard to know what kind of corner they are painting themselves into.

I don't think it was rushed, though. They have known August 4 would be the bond date for a while, and they have had quite a long time to get their act together. I think they were always going to make the murder charge before any bond hearing could occur, so tomorrow (today, now?) has been the deadline for this for a while now.
 
I know over here in NM they almost always charge "open count of murder" which means they can change it when they know more. FWIW
 

Tuesday night, the stakes got higher, when Bibb County District Attorney Greg Winters stepped up to McDaniel’s cell at about 9:30 to serve a murder warrant.

Someone at macon.com had an issue with this, and I asked why.
He said that arrest warrants must be served by an officer who is legally authorized to deliver them, such as a deputy sheriff.
He said Mr. Winters could be present, but he couldn't be the one to actually hand the warrant to McDaniel.

Could one of our lawyers chime in on this?
 
I don't get the feeling that anything was rushed. Just the opposite, I think LE has given painstaking attention to procedure and following the book step by step. I'm also pretty sure all parties knew what was coming down tonight, or had a good idea, anyway.
 
SuperSleuth, please edit your post. We're not allowed to copy and paste posts from other sites. If you would, please paraphrase the comment for us. Thanks.
 
I feel so sorry for both families. Hopefully LE has overwhelming evidence and SM will tell them where the rest of her body is. Rest in peace Lauren.
 
1 .........body (torso) was found on the complex indicating the perp was someone who lived on the premises and

2...........the master key, SMcD claims he didnt' know was a master key according to an earlier article AND I read elsewhere it was found by police in the refrigerator of SMcD. Is that correct? Not to mention the video but like they say............you can make anything fit if you try.

but obviously nothing is in... that screams "guilty"

I sure hope like 3doglady......that it doesnt' boil down to all circumstantial evidence, apparently jurors dont' know you can convict with such evidence

(Bolded by me)
Tomkat, I have a feeling you are speaking about the jurors in the Anthony case, but every jury is criticized when the outcome is not what some expected. The case of LG would be no exception.

This is something the majority of the public seems to be confused on and if I could go on a nationwide tour to educate the masses, I surely would. Let me clear this up.

Jurors have written instructions to follow on each crime the defendant is accused of. (They can't just sit there like they do in the movies and criticize hair color, style of dress, basic shifty eyes, dislike that someone used the "f" word to their mother, then decide they don't like the person, and convict them. People...that is not how it works. Some need to turn off reality TV and get familiar with their own justice system.)

I'm going to put this in very elementary terms, simplified. (Some of you know this, some of you don't.)

People are upset with jurors in many cases. This wasn't the first, won't be the last, but jurors are NOT to blame. They have to follow the rules given to them, and in the Anthony case, that's what they did. (The State Bar of Florida wrote the rules, fyi.) The public apparently wanted the jurors to NOT follow the law or the rules they were given in deciding this case.

What rules, you ask? Well, here's an example:

CMA was accused of Murder in First Degree, Aggravated Child Abuse, Aggravated Manslaughter, and 4 counts of Providing False Information to a LE Officer.

The jury has a list of these crimes and has to decide what they feel the State has proven to help them answer the questions.

They use their list of questions to guide them.

To prove the crime of First Degree Premeditated Murder, the State must prove the following 3 elements beyond a reasonable doubt:
1. Caylee Marie Anthony is dead.
2. The death was caused by the criminal act of Casey Marie Anthony.
3. There was a premeditated killing of Caylee Marie Anthony.

The jurors did not know/could not be sure of how Caylee died, so they could not answer YES to #'s 2 or 3. FIRST DEGREE MURDER (premeditated) WAS NO LONGER AN OPTION.

To prove the crime of First Degree Felony Murder, the State must prove the following 3 elements beyond a reasonable doubt:
1. Caylee Marie Anthony is dead.
2. The death occurred as a consequence of and while Casey Marie Anthony was engaged in the commission of Aggravated Child Abuse
OR
The death occurred as a consequence of and while CMA was attempting to commit Aggravated Child Abuse.
3. Casey Marie Anthony was actually the person who killed Caylee Marie Anthony.

The jurors did not know/could not be sure of how Caylee died, so they could not answer YES to #'s 2 or 3. FIRST DEGREE MURDER (felony) WAS NO LONGER AN OPTION.

and so on....down the list of other crimes she was accused of.

The jury had no idea how Caylee died, so when they were going down the list of answering their questions, their hands were tied by simply NOT KNOWING how the child died. They could not speculate. They could not be willy nilly. They had to use the evidence provided to them and there was nothing that showed them beyond a reasonable doubt that the accused was guilty.

That is how the jurors arrived at their verdict. That one little tricky thing, called HOW DID SHE DIE, kept them from being able to convict on anything to do with murder because they obviously had no clue.

So, as it relates to this case, the ability to know how a person died will most likely be very necessary in the jury process of deciding who caused it, so the police better lock this one down tight before giving their case to the State to prosecute. If they cannot prove enough to rule out any other person in any other way, beyond any reasonable doubt, whomever is eventually accused would walk.
 
I know this is early in the case to bring this up but is the death penalty an option for a felony murder conviction? Does anyone in Macon know if SM's attorney, Buford, is death qualified if it is an option for this crime. Also, does anyone think he would get involved in SM's defense on the murder charge?
 
I don't get the feeling that anything was rushed. Just the opposite, I think LE has given painstaking attention to procedure and following the book step by step. I'm also pretty sure all parties knew what was coming down tonight, or had a good idea, anyway.

I definitely agree.

One thing I do find interesting, though, is that LE is staying quiet until tomorrow at 2. Not even anything from their spokesperson, Jami Gaudet. I would think they would've waited until tomorrow morning to charge him - then tell us that at the press conference, along with further details and answer (or at least address) some questions.

Basically - the murder charge was discovered online through the inmate info. I would've thought at least a statement. However, that may also be because they have ALOT to say (after being so quiet for so long) and are just waiting for a better time to address it all.
 
And just wanted to add - I truly hope that now there is a charge, Lauren's family will soon be able to bring all of her home.

There is still a long ways to go, but at least maybe they're one little step closer to finding peace and slowly healing.
 
A jury does NOT have to be given or know a cause of death or how the victim died.. That is absolutely wrong and had zilch to do with anything!! It happens daily that murderers are convicted and sentenced to death without the jury ever knowing a cause of death or even a theory of how the victim died..
Scott Peterson.. Guilty and on death row and the jury was never given how Laci died!! Laci's torso and thigh were all that were recovered of her..

That's breaking it down real plain and simple.. The fact is there is no cause of death, how the victim was murdered.. Necessary!!
 
Pearl- I can answer that yes, felony murder does qualify for the death penalty.. As far as Buford.. I read he was qualified to handle the death penalty case but whether or not he chooses to represent SM in the murder case.. I do not know..
 
Was just reading that Lilburn(his hometown) was only 98 miles from Macon.. With him having 3-4 full days and nights to not only thoroughly clean up but to dispose of all of her remains minus her torso.. Makes me think that as is the case so many times with a perp.. They go to where they are the most familiar to dispose of a victim.. That's what even had me look to see how far his hometown was..

I pray to God that now charged he do the ONLY thing that the Giddings family is asking of him.. Give up the location of the rest of her remains.. Sadly I know most likely this will not happen tho.. So, I certainly hope they are able to trace his steps in those 3-4 days(gas receipts if he traveled far, etc).. But I would definitely be finding out places in Lilburn that he was very familiar with.. Because with having those 3-4 days an hour and half road trip really is nothing of a distance to travel to dispose of remains..
 
No, the sister that got there had to enter with a key, on Sunday, right?............. but I forgot the Landlady was there, what Wednesday? Wow, so that means that everything was removed/cleaned (that was visible) from sunday and prior to wednesday, or early wednesday.


Tomkat, what's your source of info on LG's sister entering her apartment on Sunday, June 26th? Where did you read/see/hear that?

It's been my understanding that LG was last seen on Saturday, June 25th.

Landlord went in on Wednesday, June 29th.

A friend was asked to go over there (by LG's sister) on Wednesday.

Friend (LS) entered and noted that landlord had left a note on the door.

Mercer Police were called over around 10 pm on Wednesday night.

Kaitlyn Wheeler, sister of LG, from Maryland, called 911 and a Macon Police Officer Descoteaux was dispatched at approximately 12:52 am

Macon PD SGT Copeland contacted the on call missing persons detective, and Detective Bridger was assigned. Detective Bridger decided NOT TO RESPOND TO THE SCENE. Detective Bridger stated he would just complete a report and follow up later.

(I'm still curious about which Mercer Police Officer ( actually a Macon Police Officer) was called to LG's apartment around 10 pm on Wednesday, June 29th, and why it took Kaitlyn Wheeler calling 911 to get more attention to Lauren's unknown whereabouts if that Mercer Police Officer is also Macon Police Officer?

And another thing that is confusing is that Detective Bridger is a Macon Police Officer,(missing persons) but he also works the evening shift at Mercer University and is listed on their website as a campus officer. Did HE go to Lauren's apartment at 10 pm and then was called again after midnight by SGT Copeland? Why did it take a 911 call to the Macon PD to get ANOTHER officer to go out and then when they notified the MERCER evening shift police officer/missing persons detective, he decided to NOT RESPOND? I wish somebody could officially verify what the heck went on with the police out there that night. Did Bridger or any Mercer/Macon Police Officer ever escort Lauren to her apartment from campus, as a courtesy? It says that an escort to/from campus is offered on their website, so I just wondered if she had a personal relationship/friendship with any Macon Police Officer who may have escorted her across the street to her apartment if she ever walked?)
 
Was just reading that Lilburn(his hometown) was only 98 miles from Macon.. With him having 3-4 full days and nights to not only thoroughly clean up but to dispose of all of her remains minus her torso.. Makes me think that as is the case so many times with a perp.. They go to where they are the most familiar to dispose of a victim.. That's what even had me look to see how far his hometown was..

I pray to God that now charged he do the ONLY thing that the Giddings family is asking of him.. Give up the location of the rest of her remains.. Sadly I know most likely this will not happen tho.. So, I certainly hope they are able to trace his steps in those 3-4 days(gas receipts if he traveled far, etc).. But I would definitely be finding out places in Lilburn that he was very familiar with.. Because with having those 3-4 days an hour and half road trip really is nothing of a distance to travel to dispose of remains..

I pray for that very same thing. I think the only way that he would even consider an admission is if they have very conclusive DNA evidence that would link him. However, that earlier article posted said that he has not spoken (which we pretty much knew, since he's had a lawyer) and that he did not speak tonight when served.

Another thing, not just Lilburn, but McD has lived in the Macon area quite awhile (undergrad and law school). There are many very rural areas spread all around here that are not very far at all.

Maybe some new light will be shed at the press conference - hopefully much more than the previous ones.
 
Was just reading that Lilburn(his hometown) was only 98 miles from Macon.. With him having 3-4 full days and nights to not only thoroughly clean up but to dispose of all of her remains minus her torso.. Makes me think that as is the case so many times with a perp.. They go to where they are the most familiar to dispose of a victim.. That's what even had me look to see how far his hometown was..

I pray to God that now charged he do the ONLY thing that the Giddings family is asking of him.. Give up the location of the rest of her remains.. Sadly I know most likely this will not happen tho.. So, I certainly hope they are able to trace his steps in those 3-4 days(gas receipts if he traveled far, etc).. But I would definitely be finding out places in Lilburn that he was very familiar with.. Because with having those 3-4 days an hour and half road trip really is nothing of a distance to travel to dispose of remains..

(My response is in reference to the line I respectfully bolded up above.)
Charged does not mean guilty. He may not know anything.

Innocent until proven guilty. The evidence has to be presented.
 
A jury does NOT have to be given or know a cause of death or how the victim died.. That is absolutely wrong and had zilch to do with anything!! It happens daily that murderers are convicted and sentenced to death without the jury ever knowing a cause of death or even a theory of how the victim died..
Scott Peterson.. Guilty and on death row and the jury was never given how Laci died!! Laci's torso and thigh were all that were recovered of her..

That's breaking it down real plain and simple.. The fact is there is no cause of death, how the victim was murdered.. Necessary!!

If this was directed at me, I will respond by saying the JURORS in the case I was referencing were very clear in the fact that THEY COULD NOT ANSWER THE QUESTIONS given to them in the jury instructions of deciding guilty or not guilty because they didn't even know HOW the child died, so they could not be sure SHE did it. (Also, others were involved that could potentially be the ones who caused Caylee's death, so the jury had to weigh that out and they did.)

I didn't say a cause of death has to be given or known in every case, just that it was a huge factor to the jury in the one we've most recently been exposed to in the media and it would be a GREAT idea to know the cause (when there may be a question of whom) so the jury can know beyond a reasonable doubt. The Casey Anthony jury looked at it like a hurdle. And she was aquitted.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
82
Guests online
3,325
Total visitors
3,407

Forum statistics

Threads
592,181
Messages
17,964,733
Members
228,714
Latest member
hannahdunnam
Back
Top