GUILTY IA - Gabriel McFarland, 4 mos, dies of head trauma, Des Moines, 22 April 2014

[MyBelle]

Interesting. I am glad that at least we have a court date but I will be surprised if he does not accept some deal down the line <modsnip>

the link is main stream media.

 

[K_Z]

Drew Weehler-Smith is out on bond.

Weehler-Smith was released from the Polk County Jail on Tuesday after an $80,000 cash bond was posted.

Polk County District Court Judge Carla Schemmel last month reduced Weehler-Smith's bond to $800,000, with 10 percent to be posted in cash for his release, according to online court records. Weehler-Smith is required to wear an ankle bracelet as part of his release.

http://www.desmoinesregister.com/st...ds-not-guilty-is-released-from-jail/10089017/

I wonder what the significance of a written not guilty plea is, versus an arraignment hearing (originally scheduled June 16, IIRC) where the accused appears in person, and the charges are read? Any input on this from one of our attorney posters?

A Des Moines teen who has been charged with first-degree murder in his son's death has entered a written "not guilty" plea and is scheduled for an August trial.

(same link as above)

I did find this for Iowa.

Written Arraignment And Plea Of Not Guilty Form. This is a Iowa form and can be used in Criminal District Court Statewide .

http://www.formsworkflow.com/d77215.aspx

http://www.scottcountybar.org/court/Written Arraignment.pdf

 

[gitana1]

Drew Weehler-Smith is out on bond.



http://www.desmoinesregister.com/st...ds-not-guilty-is-released-from-jail/10089017/

I wonder what the significance of a written not guilty plea is, versus an arraignment hearing (originally scheduled June 16, IIRC) where the accused appears in person, and the charges are read? Any input on this from one of our attorney posters?



(same link as above)

I did find this for Iowa.



http://www.formsworkflow.com/d77215.aspx

http://www.scottcountybar.org/court/Written Arraignment.pdf

Hi KZ. I looked it up and it appears it's simply an alternative and doesn't seem to have any significance. It is an "appearance", just in written form.

I wish we had this in CA because it may reduce the overcrowding in court. But many states may feel an arraignment via physical appearance is more profound and serious to the defendant and the public and ensures that the defendant knows what he's charged with.

 

[K_Z]

Drew Weehler-Smith's trial is set for August 4, 2014.

http://whotv.com/2014/07/03/teen-dads-trial-date-set/

 

[K_Z]

Drew Weehler Smith is back in custody, after violating conditions of his bond.

http://www.kwwl.com/story/26060036/iowa-teen-charged-in-baby-death-back-in-custody

A Des Moines teenager charged in the death of his infant son is facing new charges of violating his pre-trial release conditions.

The Des Moines Register reports (http://dmreg.co/WqCsap ) that the 17-year-old boy is in the custody of the Polk County Sheriff's Office on a $525,000 bond. Authorities say he was arrested on suspicion of drinking alcohol and breaking curfew.

The teen is set to stand trial in August for first-degree murder and neglect of a dependent person in the April 22 death of 4-month-old Gabriel King McFarland.

http://www.desmoinesregister.com/st...ew-james-weehler-smith-back-custody/12873053/

He was released June 3 after an $80,000 cash bond was posted.

Weehler-Smith violated his terms of release by consuming alcohol and breaking curfew July 3, according to court documents. He was ordered to be taken back into custody by the Polk County sheriff’s office.

Weehler-Smith’s jury trial is set for 9 a.m. Aug. 4. He has entered a written “not guilty” plea, according to court documents.

 

[tlcya]

out on bail for killing his child and cannot, even in those circumstances, take this situation seriously to avoid breaking the conditions of his bail. Typical teen thought process IMO. The bad thing won't happen to me. It's just a few drinks. With nary a thought to the seriousness of his own situation or the consequences of such stupidity.

MOO>

 

[Lovejac]

Good! He never should have been given bond anyway :furious: IMO

 

[OkieGranny]

http://www.desmoinesregister.com/st...rder-wheeler-smith-adoptive-parents/22602191/

A Des Moines father accused of killing his infant son pleaded guilty to second-degree murder on Friday, avoiding a trial scheduled to start in February, said Polk County Attorney John Sarcone...

Weehler-Smith was scheduled to go to trial on Feb. 9, but will be sentenced on March 25.

A second-degree murder conviction under Iowa law is punishable by a 50-year prison sentence. As part of the plea agreement, prosecutors are recommending to a judge that Weehler-Smith be required to serve at least 17 years before he's eligible for parole.

 

[ScarlettScarpetta]

http://www.desmoinesregister.com/st...rder-wheeler-smith-adoptive-parents/22602191/

I am glad he pleaded. That would have been a horrible trial.

Rest in peace little boy.
I wish the press would give him his name that he was buried under.

 

[MyBelle]

http://www.desmoinesregister.com/st...rder-wheeler-smith-adoptive-parents/22602191/

Thanks. An incredible nightmare not just for the baby but the loving, adoptive parents who had to return him thanks to an incredibly inept, unethical lawyer who also failed to notify CPS the baby was in danger. Incredible that he wrote a letter but failed to send it or pick up the phone. A real tragedy all around.

The McFarlands told Rieper they wanted to continue the adoption process, and Rieper wrote a letter detailing concerns that Atkins' "troubled youth" and admissions of illegal drug use made her unfit to care for the infant.

 

[jjenny]

I don't think CPS would have cared even if he had send that letter. I've seen all kind of cases where CPS left children with real "winners."