GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 # 3

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I agree. And they are legally permitted to ask for help with forensics. BUT, it is a farce to think that the FBI and the GBI has not gotten back to them. I've waited for forensic evidence in far less "interesting" (to the public) cases.

I'm sure they've gotten back on some things, but just as sure they have not gotten back on all things. The last search of SM's apartment was just 3 or 4 days ago, right? I just think MPD is keeping the cards close to the vest, as many have said, and as their own spokeswoman said .... they want the case to be "airtight" before they make any arrest. Maybe they are 90 or 95% there, just waiting for one or three more tests to come back, something like that.
 
I've only been an attorney for a couple of years...all I will say is it is a game we play. And it's tough. Because on one side, it does help law enforcement (who get attorneys to make these deals) solve cases, but you can't help but notice that it can occasionally ruin people's reputations and lives.



I'm well aware of how deals are made in criminal cases. I'm not a novice, trust me on this. I can assure you that the police are not holding McD on these burglary charges simply for the purpose of flushing out the real killer as was suggested in the earlier post. McD just finished law school and was studying for the bar. Law enforcement is not going to sacrifice his future and reputation just to catch someone else. They wouldn't be holding him if they didn't have something that ties him to this case.
 
Oops -- I now see that Previous Admonitions did the same web searching I did, but did it 8 minutes faster. Well done, P.A. Sorry to have repeated that information, but I haven't managed to figure out how to check new posts after writing a reply and before submitting it. At any rate, the FBI involvement isn't a big deal.
 
I'm sure they've gotten back on some things, but just as sure they have not gotten back on all things. The last search of SM's apartment was just 3 or 4 days ago, right? I just think MPD is keeping the cards close to the vest, as many have said, and as their own spokeswoman said .... they want the case to be "airtight" before they make any arrest. Maybe they are 90 or 95% there, just waiting for one or three more tests to come back, something like that.


Absolutely true!
 
The FBI involvement is not as strange or unusual as some are making it to be and that only if x, y, and z are in place then only can the FBI be involved.. Totally untrue and just as many who have followed cases here the FBI is involved in many cases that do not have x, y, or z..
Kyron Horman
Haleigh Cummings
Lauren Spierer
Holly Bobo

The list can go on and on and on.. And as for interstate kidnapping being involved in the Dunn case I think most know that the evidence led nowhere near an interstate but rather began and ended in her own home.. Holly Bobo's investigators still claim that Holly is in the area and nothing to indicate she's ever left the area and certainly never left the state..

So it's just not true that these certain cases have to have these x, y, and z components in order for FBI involvement.. It's not true.. FBI is involved in many more cases than what are being alluded to.. It is easily found to be true..
 
A few facts:

The FBI has special investigative jurisdiction to investigate violations of state law in limited circumstances, specifically felony killings of state law enforcement officers (28 U.S.C. § 540), violent crimes against interstate travelers (28 U.S.C. § 540A0, and serial killers (28 U.S.C. §540B). A request by an appropriate state official is required before the FBI has authority to investigate these matters.
Do FBI agents work with state, local, or other law enforcement officers on "task forces"?
Absolutely, and we consider it central to our success today. Task forces have proven to be a highly effective way for the FBI and federal, state, and local law enforcement to join together to address specific crime problems and national security threats. In law enforcement, "concurrent jurisdiction" may exist, where a crime may be a local, state, and federal violation all at the same time. Task forces typically focus on terrorism, organized crime, narcotics, gangs, bank robberies, kidnapping, and motor vehicle theft...
If a child is missing and possibly kidnapped, but no interstate transportation is known, will the FBI begin an investigation?
Yes. The FBI will initiate a kidnapping investigation involving a missing child "of tender years," even though there is no known interstate aspect. "Tender years" is generally defined as a child 12 years or younger. The FBI will monitor other kidnapping situations when there is no evidence of interstate travel, and it offers assistance from various entities including the FBI Laboratory
More at the link
http://www.fbi.gov/about-us/faqs
 
Oops -- I now see that Previous Admonitions did the same web searching I did, but did it 8 minutes faster. Well done, P.A. Sorry to have repeated that information, but I haven't managed to figure out how to check new posts after writing a reply and before submitting it. At any rate, the FBI involvement isn't a big deal.
If you click "Preview Post" before you submit your reply, you can see the most recent posts. But no worries, it's very common for members to be on the same wavelength and post in unison. Good references can never be repeated too often.
 
Regardless of whether there is a bar to the FBI investigating, there is no way, now how that they don't have the complete results of their first sweep back from the FBI. And yes, they took a second sweep a couple days ago. But unless they are idiots, they know what to grab at the get-go/first sweep, so the 2nd sweep seems to me like they are grasping at straws.
 
FYI- Lauren's FOX special is airing again right now!!
 
Wondergirl, I adamantly agree. I am a prosecutor and I will say that this whole thing has been handled very professionally in some ways and very unwisely in others. I think at this point, unless they've got a complete ruse going on, they don't have what they need to have (and I can say I am pretty sure they have most everything back from the FBI & GBI at this point).

Also, anything that SM said that could implicate him (and any evidence obtained from the implication) would be thrown out- poisonous tree & fruit of the poisonous tree. Until they have charged him, his statements on LG's murder are close to useless, if he ends up being the one they charge.

You seem to be assuming that the police didn't mirandize him. I think they probably have enough experience to remember to do that since they were questioning him about a torso of a missing person being found in the dumpster next to his apartment. Unless you are a prosecutor in Bibb County DA's office and are privy to information that hasn't been released to the public yet, how would you know whether they have what they need or not? Very few people have been told what they do have. If you had that kind of information, you would be more on point with your posts.
 
He doesn't have a 6th amendment right to counsel because he hasn't been charged. But he has a 5th amendment right to counsel. So, if he was mirandized for the burglary, for which he was charged, but then asked about the uncharged, unrelated murder (for which he had not been charged), what he says in that proceeding is only admissible if he has been mirandized as to the relevant crime.

Hi. New to the forum, but have been following along. Wanted to clear this up. 6th amendment right to counsel is offense specific and attaches once charged; once invoked, defendant may not be questioned in regard to the offense with which he has been charged. 5th amendment privilege against self-incrimination gives basis for the Miranda Rule. Miranda is not offense specific, and truly, anything said can be used against the one questioned; Miranda rights are required whenever an individual is in custody, but not before. Thus, any voluntary statements made to police or media by McD will not be excluded as "fruit of the poisonous tree." Further, police may question McD after Mirandizing him on any offense, but he may, of course, invoke his right to counsel or to remain silent (which I would assume he'd do immediately as a law student). Even if police were to violate Miranda, if McD made some sort of admission, it could come in as evidence in a subsequent trial, not substantively, but at least for impeachment purposes.

That being said, it is my suspicion McD has not given the police any sort of voluntary information after the initial charges for burglary were filed. I can't imagine he or his lawyer would want anything to do with questions regarding the murder investigation.

I do find all the run-around with conflict of interest quite interesting, however. I am not familiar with Georgia Rules of Professional Conduct, but I find the delay quite odd.

In re: FBI involvement so quickly - Lauren's family, being from Maryland and so close to DC, and seemingly being involved in the community up there, perhaps has a friend or relative that works for the FBI and facilitated the immediate involvement. Just a thought, only my opinion of course.
 
Thoughts on FOX show covering Lauren's murder..

When her sisters spoke.. Kaitlyn again made firm statements against what McD stated to the media concerning the email..she made it clear that Lauren did not express fear of staying in her apt.. This was reiterated again hitting home that what the neighbor(McD) stated on cam was not accurate..

The Judge then said to Kaitlyn that she(kaitlyn) had met McD.. And did she believe from what she knew of him did she believe he was capable of doing this to her sister?.. Kaitlyn says that she is a very trusting individual and has great faith in humanity so while she doesn't want to believe he did it that at this point she is going to go with who LE and the FBI tell her and their evidence proves.. That she has full faith in LE/FBI and trusts them completely..

IMO this spoke the loudest to me in this show.. Kaitlyn's answer to the judges question about did she think McD was capable of doing this to her sister.. She spoke loud and clear in her answer.. She stated that while she didn't want to believe she had looked into the eyes of this man that then killed her sister but that she was going to go with LE/FBI told her.. That was her answer.. It was clear to me that as much as she wanted to believe it wasn't possible for this man who she had looked into his eyes.. Not possible that he murdered her sister but as much as she wants to believe that she knows what LE/FBI are telling the family.. And IMO obviously indicating that it's quite likely to be that which she doesn't want to believe.. McD being the killer..

As I said it was the part of the show that spoke loudest to me.. Jmo, tho!!
 
You seem to be assuming that the police didn't mirandize him. I think they probably have enough experience to remember to do that since they were questioning him about a torso of a missing person being found in the dumpster next to his apartment. Unless you are a prosecutor in Bibb County DA's office and are privy to information that hasn't been released to the public yet, how would you know whether they have what they need or not? Very few people have been told what they do have. If you had that kind of information, you would be more on point with your posts.
I haven't seen CWW, or you, make any open claim here to have inside information. On the face of it, it would seem both of you are just theorizing, like most of us here.
 
New article, includes McDaniel family photo.

Stephen McDaniel’s family gave him a small memento to keep in his apartment as he started law school and moved into his Barristers Hall apartment three years ago.
It was a family photo, taken at Mountain Park First Baptist Church in Stone Mountain, the church the family attends. In the photo, McDaniel stands smiling in an American flag T-shirt behind his parents and four adopted siblings.


http://www.macon.com/2011/07/24/1641841/mcdaniels-family-moves-his-belongings.html
 
Hi. New to the forum, but have been following along. Wanted to clear this up. 6th amendment right to counsel is offense specific and attaches once charged; once invoked, defendant may not be questioned in regard to the offense with which he has been charged. 5th amendment privilege against self-incrimination gives basis for the Miranda Rule. Miranda is not offense specific, and truly, anything said can be used against the one questioned; Miranda rights are required whenever an individual is in custody, but not before. Thus, any voluntary statements made to police or media by McD will not be excluded as "fruit of the poisonous tree." Further, police may question McD after Mirandizing him on any offense, but he may, of course, invoke his right to counsel or to remain silent (which I would assume he'd do immediately as a law student). Even if police were to violate Miranda, if McD made some sort of admission, it could come in as evidence in a subsequent trial, not substantively, but at least for impeachment purposes.

That being said, it is my suspicion McD has not given the police any sort of voluntary information after the initial charges for burglary were filed. I can't imagine he or his lawyer would want anything to do with questions regarding the murder investigation.

I do find all the run-around with conflict of interest quite interesting, however. I am not familiar with Georgia Rules of Professional Conduct, but I find the delay quite odd.

In re: FBI involvement so quickly - Lauren's family, being from Maryland and so close to DC, and seemingly being involved in the community up there, perhaps has a friend or relative that works for the FBI and facilitated the immediate involvement. Just a thought, only my opinion of course.

I just wanted to say Thank You very much for your thorough explanation of 5th and 6th amendments along with the accurate information concerning Miranda rights and the "fruit of a poisonous tree"..

I appreciate it greatly,Pig!!

And welcome aboard.. You'll fit in great and many of us greatly appreciate any knowledge that is willing to be shared here..
 
I haven't seen CWW, or you, make any open claim here to have inside information. On the face of it, it would seem both of you are just theorizing, like most of us here.

Thanks backwoods...btw, whenever I see your username, I can't help but hum "Rollin' down backwoods, Tennessee byway..."

And yes, it's just theory. I have no earthly idea what is going on with this case. I dealt with LE in Virginia as an intern and now in another part of GA and I've never seen this kind of rigmarole. But this has the potential to be a big case, media-wise, both because of the victim and because of the gruesome nature of the crime.
 
http://www.newscentralga.com/news/l...iddings-Homicide-Investigation-126070608.html

Fox News Network Spotlights Macon's Lauren Giddings Homicide Investigation

"On the show, Judge Pirro spoke to a forensic pathologist who said this crime seems to be committed by a sexual predator, someone who had enough passion or anger to dismember the body..... Judge Pirro interviewed Lauren's sisters for the show and asked questions about Stephen McDaniel, Lauren's neighbor and a person of interest in the case.

Lauren's sister, Kaitlyn said she does not think anyone she's made eye contact with killed her sister. "
 
Originally posted by maconmeanderer
Lauren's sister, Kaitlyn said she does not think anyone she's made eye contact with killed her sister. "

I believe Kaitlyn said due to her being very trusting and her faith in humanity she doesn't want to believe that someone she'd looked into their eyes had done this..

Immediately following up with the statement that she totally trusts the investigators and believe what they have to say..

Big difference IMO..
 
The latest article and photo depicting McD with his parents and step-siblings does not change the fact that family members are OFF LIMITS, especially children. They have no bearing on this case.
 
This isn't Mercer's fault either. There's nothing they could have done to anticipate or prevent this. It took everyone by surprise. If it does turn out to be McD, I can assure you he went through a vigorous screening before he was admitted into the law school. Haven't Yale, University of Virginia, and many many other schools had similar incidents in the news? You simply can't predict or protect against every danger, known and unknown.

I know this. And I am a Mercer mom, currently. I am talking about public perception.
 
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