EVIDENCE - Pro and Con #2

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Yeah, this whole gag order makes zero sense! The only thing I can imagine, as sad and scary as it is, is that the prosecution wants to use it to find evidence or whatever. Sheeesh, i hope thats wrong and they already have a good case.
 
LBDunes said:
Interesting video.

https://www.youtube.com/watch?v=dezJrNcTqPo
Click to expand...

That's crazy. So basically it took the same amount of time as the truck's trip heading to PTL @ 60 mph. So the truck would likely need to be traveling close to 100 mph on the way back to make the same distance in only 1 minute.

ETA: phone posted before I was finished
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cujenn81 said:
That's crazy. So basically it took the same amount of time as the truck's trip heading to PTL @ 60 mph. So the truck would likely need to be traveling close to 100 mph on the way back to make the same distance in only 1 minute.

ETA: phone posted before I was finished
Sent from my iPhone using Tapatalk
Click to expand...

Yeah. The rate of speed on the return trip was crazy fast. There were earlier posts about speed estimates with equations.


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PeterThomasFan said:
Tammy Moorer's defense attorney accused in court filing of violating gag order

http://myhorrynews.com/news/crime/article_154b8190-c2b2-11e4-8482-6f63026d7135.html?mode=jqm

Really? GMAB

I just posted last night how I was seeing comments from both sides.


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I saw them commenting on the gag order as well. I wonder, though, what McCollum actually said to violate the gag order? I was just wondering, since what I did see were just general comments from both sides for and against the gag order. Did I miss something that TM's attorney actually said? Would it be made public?
 
LBDunes said:
I saw them commenting on the gag order as well. I wonder, though, what McCollum actually said to violate the gag order? I was just wondering, since what I did see were just general comments from both sides for and against the gag order. Did I miss something that TM's attorney actually said? Would it be made public?
Click to expand...

It is all in the document I posted above.
 
LBDunes said:
I saw them commenting on the gag order as well. I wonder, though, what McCollum actually said to violate the gag order? I was just wondering, since what I did see were just general comments from both sides for and against the gag order. Did I miss something that TM's attorney actually said? Would it be made public?
Click to expand...

SStarr33 said:
It is all in the document I posted above.
Click to expand...

SStarr33 said:
Here's the direct link to the memorandum.

http://bloximages.newyork1.vip.town...-11e4-bc7b-2fed32a1dc95/54f772f713e29.pdf.pdf

ETA, the attorney making comments in his newsletter on the Moorer case as a means to advertise his services does not seem like a good move to me--especially at this point in the case.
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According to the memorandum, there are at least 3 incidents in which the state is accusing McCollum of breaching the gag order:
Concerning the challenge to lift gag order, the State contests the Defendant's motion to lift the gag order. That it is procedurally barred bu Rule 4(b) of the SC Rules of Criminal Procedure and the common law rule preventing on circuit court judge from overruling another.

the SC Rules of Civil Procedure state:

RULE 43 - CONDUCT OF TRIAL

(l) Subsequent Applications for Order After Refusal. If any motion be made to any judge and be denied, in whole or in part, or be granted conditionally, no subsequent motion upon the same state of facts shall be made to any other judge in that action.

also

*449 In Steele v. C., C. and A. Railroad Co., 14 S.C. 324 (1880), the Court stated:
The Court of Common Pleas is a unity, although its jurisdiction is administered by a number of judges who are, in some sense, the exponents of the court. When one of these judges makes a decision upon the merits of a matter within his jurisdiction, that is not merely the personal opinion of the judge, but a judgment of the Court of Common Pleas, which exhausts the power of the court upon that subject and must stand until reversed or set aside in the manner prescribed by law. There is no appeal from one Circuit Judge to another. All are of equal dignity and have the same right to pronounce the judgments of the court. One Circuit Judge upon the same state of facts, has no power to change, alter or reverse a decision of a brother judge of the same Circuit.
Reference (Memorandum in response to motion to lift gag order) - : http://bloximages.newyork1.vip.town...-11e4-bc7b-2fed32a1dc95/54f772f713e29.pdf.pdf

Lastly, the gag order states, "ORDERED that extrajudicial comments or the release of documents by the State, any of the attorneys, the Defendant, or any agents of these parties, are prohibited until the resolution of these cases."

So people, don't expect any pressers during the trial phase. We're on our own.
 
PeterThomasFan said:
Lastly, the gag order states, "ORDERED that extrajudicial comments or the release of documents by the State, any of the attorneys, the Defendant, or any agents of these parties, are prohibited until the resolution of these cases."

So people, don't expect any pressers during the trial phase. We're on our own.
Click to expand...
So, do you suppose this means no cameras in the courtroom during trial?
 
Surfside said:
So, do you suppose this means no cameras in the courtroom during trial?
Click to expand...

Not necessarily. Just no comments from any attorneys after the daily proceedings.

Jury will probably be sequestered as well IMO.

Also anticipating some form of a gag order after the verdict is announced. Like no book or movie rights. ;/


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Originally Posted by stillwatersc View Post MY OPINION - McCollum doesn't really want the gag order lifted because his client is too volatile. The Caison tribe is paying the fees and he has to do what they demand. [QUOTE=PeterThomasFan said:
I hear what you are saying and respect your opinion. But, McCollum was the one contesting the gag order and said himself that he wants to dispute the state's claims. Without that ability, he cannot persuade people's perception heading into trial. And, lawyers are all about persuasion...


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It is almost like what you both are saying is true. It just depends on the spin McCollum will put on lifting or not lifting. Right now with the order in place it does give weight to the fact that the defense can't say the case is being tried in the media. McCollum can say how poorly TM is being judged without refuting it. On the other hand if the gag order was lifted it may be that McCollum feels he would have some momentum after the bond hearing. The spin would be that the state does not have a solid case; ie the no DNA. This is already being spun as nefarious out in the public domain. I am sure McCollum would capitalize on that. (Also correct that his client is very volatile. He would have a full time job reigning her in.)

This case so far reminds me of two other high profile cases. 1. The OJ case - the defense - "rush to judgement" "phone spoofing - evidence tampering". 2. The Scott Peterson case - while they finally had a body, a lot of it was putting the circumstantial pieces together.

In the end the state is saying starting with the payphone call, the truck speeding to and fro PTL, the multiple alibis shifting and ending with no visible sign of a young lady that was very active on social media to vanish without a trace, are the pieces to put together. In the 2 cases I mentioned above - OJ was found not guilty, I believe because the mindset was not reasonable doubt, but any doubt. Peterson was found guilty. The jury based their verdict on "hundreds of small 'puzzle pieces' of circumstantial evidence that came out during the trial, from the location of Laci's body to the myriad of lies her husband told after her disappearance." Right now my feeling is the Peterson case is the one that I think applies to this case. I do not believe there was any spoofing of TMs phone, particularly before the charges against the two for obstruction. I do not believe there was a rush to judgement. I do not believe the state was nefarious about the mistake the lab made with DNA. (I forgot if it was McCollum or SMs atty that said at the hearing that the state was up front and told them about that mistake immediately.) So, any additional evidence that the state has will help their case, if people are not of the mind that they must have DNA or a body. Another thing that I have not seen widely discussed is what does their electronic footprint from their computers reveal? There may be some evidence in there that could be very important.
 
LBDunes said:
I do not believe there was any spoofing of TMs phone, particularly before the charges against the two for obstruction. I do not believe there was a rush to judgement. I do not believe the state was nefarious about the mistake the lab made with DNA. (I forgot if it was McCollum or SMs atty that said at the hearing that the state was up front and told them about that mistake immediately.) So, any additional evidence that the state has will help their case, if people are not of the mind that they must have DNA or a body. Another thing that I have not seen widely discussed is what does their electronic footprint from their computers reveal? There may be some evidence in there that could be very important.
Click to expand...
BBM: I really, really hope this is the case.
 
cujenn81 said:
That's crazy. So basically it took the same amount of time as the truck's trip heading to PTL @ 60 mph. So the truck would likely need to be traveling close to 100 mph on the way back to make the same distance in only 1 minute.

ETA: phone posted before I was finished
Sent from my iPhone using Tapatalk
Click to expand...

Explain this to me further please.... I can't remember what the investigators were stating ...
 
tabinmaine said:
Explain this to me further please.... I can't remember what the investigators were stating ...
Click to expand...

The prosecution has video footage that shows a truck similar to SM's heading towards Peachtree Landing around the same time HE was trying to contact him & they have footage of the truck heading back towards his house after HE's phone was disabled. The footage came from two separate cameras at two different locations along the route between PTL & SM's house.

The time stamps displayed a 3 minute time lapse between Camera A & Camera B on the trip when the truck was seen heading TO PTL (meaning it took the truck 3 minutes to travel the distance between Camera A & Camera B). But, the time stamps displayed only a 1 minute lapse between the two cameras when the truck was seen heading FROM PTL & back towards his house.

It also took the person driving in the video (posted on here) 3 minutes to travel the distance between the two cameras @ 60 mph. So, if the driver got from Camera A to Camera B in 1 minute or less on the trip back... he was driving close to 100 mph.


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At that rate of speed, it makes me wonder how clear the video would be on the return trip.


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Concerning the cancelled gag order hearing, I am still not understanding things completely.:scared:

  1. If Judge Dennis wasn't allowed to overturn Judge John's gag order then, why wasn't the hearing scheduled with Judge John? Why didn't anyone flag it when it was first filed?
  2. Why didn't the State bring these items to attention right after they happened or learned about them? Why did they wait until the day before the hearing?
  3. Why was the the State allowed to submit a memorandum directly to Judge Dennis and have the hearing cancelled? Shouldn't this info been used at the hearing? Why was Judge Dennis then allowed to rule in the matter? And, did he sign-off on it yet or did Judge John?
  4. If Judge Dennis was allowed to cancel the hearing, then why could he not hear the Defense's case against the gag order? Judge John signed an order in 2014 that grants Judge Dennis “concurrent jurisdiction” to hear matters related to the Elvis case. Including the gag order!
  5. Right after last bond hearing, both Attorneys made comments and were speaking to the press. Here's Truslow on video.

Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. - http://en.wikipedia.org/wiki/Concurrent_jurisdiction
 
cujenn81 said:
The prosecution has video footage that shows a truck similar to SM's heading towards Peachtree Landing around the same time HE was trying to contact him & they have footage of the truck heading back towards his house after HE's phone was disabled. The footage came from two separate cameras at two different locations along the route between PTL & SM's house.

The time stamps displayed a 3 minute time lapse between Camera A & Camera B on the trip when the truck was seen heading TO PTL (meaning it took the truck 3 minutes to travel the distance between Camera A & Camera B). But, the time stamps displayed only a 1 minute lapse between the two cameras when the truck was seen heading FROM PTL & back towards his house.

It also took the person driving in the video (posted on here) 3 minutes to travel the distance between the two cameras @ 60 mph. So, if the driver got from Camera A to Camera B in 1 minute or less on the trip back... he was driving close to 100 mph.


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Click to expand...


ahhh ok, I understand now, I knew about the video and the black truck etc, going back and forth, but for some reason I was drawing a blank about how it was going faster on the return trip. wow 100mph, on THAT road.... ?? hum
 
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