TN - Evelyn Boswell, 15 months, Sullivan County, 26 DEC 2019 *MEDIA,MAPS,TIMELINE* NO DISCUSSION

[PommyMommy]

MAR 16, 2022
Motion filed to allow photos of Evelyn Boswell's remains to be admitted in trial | WCYB
[...]

Here is part of what the motion states:

"The photographs the State seeks to introduce, to be filed separately and which have been provided to the defense, are relevant to the elements of deliberation and premeditation, and their probative value outweighs the inflammatory nature of the photographs. The photographs are clear and accurate, and testimony alone would be inadequate to relate to the jury the facts illustrated by the photographs."

The next hearing in the case is set for April 7.

The trial has been scheduled for September 26.

 

[Chocoholic]

MAR 16, 2022
Motion filed to allow photos of Evelyn Boswell's remains to be admitted in trial | WCYB
[...]

Here is part of what the motion states:

"The photographs the State seeks to introduce, to be filed separately and which have been provided to the defense, are relevant to the elements of deliberation and premeditation, and their probative value outweighs the inflammatory nature of the photographs. The photographs are clear and accurate, and testimony alone would be inadequate to relate to the jury the facts illustrated by the photographs."

The next hearing in the case is set for April 7.

The trial has been scheduled for September 26.

Thanks for the updates! September can’t come soon enough.

 

[Seattle1]

Megan Boswell appeared in Sullivan County court Thursday as her defense attempts to have her charges split into two trials

4/7/22

Assistant District Attorney William Harper asked Gratz about several instances during the investigation leading up to Boswell being charged with Evelyn’s murder. Gratz recounted instances during which he said Megan had claimed that Evelyn was with Ethan Perry, the child’s father, before changing her story to say her own mother, Angela Boswell, had Evelyn. At one point, Gratz said Megan Boswell told investigators that an unknown person had custody of Evelyn and “wanted to give her a better life.”

“The defendant said that, again, Angela had Evelyn Boswell and had given Evelyn to an unknown or unnamed person and that Evelyn was safe and would have a better life with this unknown person,” Gratz said of an alleged false statement from Boswell on Feb. 23, 2020.

[..]

“She did say that she was aware Evelyn was dead; however, she told the story that it was resulted either her or Hunter Wood rolling over the child while sleeping, but she did not know the location of Evelyn’s body,” Gratz said.

When asked by Harper, Gratz said Evelyn’s body was found on Tommy Boswell’s property on Muddy Creek Road in a playhouse behind a shed. Tommy Boswell, Evelyn’s grandfather, had built the playhouse for Megan Boswell as a child, Gratz said.

[..]

Goodwin did not decide in court Thursday whether or not to split the charges into separate trials. Sproles told News Channel 11 that Goodwin will issue a written ruling on that motion and is anxious to see what he decides.

[..]

Originally, the court was set to hear from both sides in July regarding the use of some pictures from the case as evidence in the trial. However, both Sproles and Staubus agreed that hearing could be held earlier. Goodwin scheduled that hearing for June 24 at 1:30 p.m.

During that hearing, Goodwin said the court will also take up the matter of Boswell’s mental health evaluation.

Boswell’s full trial is scheduled to begin on September 26. The district attorney’s office has announced they plan to seek a sentence of life imprisonment for Boswell without the possibility of parole.

 

[Seattle1]

4/7/22 Hearing available at the link below:

Megan Boswell appeared in Sullivan County court Thursday as her defense attempts to have her charges split into two trials

 

[Seattle1]

4/7/22 Megan Boswell, woman charged in death of 15-month-old daughter, appears in court

[..]

Boswell reported her daughter missing in February 2020 but said she had not been seen since December 2019. In March of 2020, the remains of toddler Evelyn were found buried beneath a shed on a family member’s property.

The mother was indicted on 19 charges, including two counts were felony murder, one in perpetration of felony child abuse and one in perpetration of aggravated child neglect. Boswell also faces one count of aggravated child abuse, one count of aggravated child neglect, one count of tampering with evidence, 12 counts of false reporting, one count of abuse of a corpse and one count of failure to report a death under suspicious, unusual or unnatural circumstances.

In court on Thursday, Brad Sproles, Boswell’s attorney, said he wanted to separate four of the woman’s charges, including two felony murder charges, from the others, a report from CBS affiliate WJHL shared. The report also stated that Sproles noted to Judge Jim Goodwin that the jury in the trial wouldn’t be able to properly examine and decide on the charges, in reference to the 12 counts of false reports.

“What we’re trying to avoid is a situation where the jury can say, ‘She’s been found guilty of filing false reports, so, therefore, she has to be guilty of the murder,’” Sproles said in court according to WJHL.

[..]

 

[Seattle1]

4/7/22 Megan Boswell appears in court | wbir.com

Defense attorney Brad Sproles wants severance for false reporting charges, which would mean separate trials for the more serious charges, including murder.

The prosecution called a special agent with the Tennessee Bureau of Investigation to the stand to discuss the false reporting charges.


No rulings on any motions were made Thursday.

Boswell's next court appearance was set for June 24. There is also a hearing scheduled for July 28.

Here is a timeline of the case: [ link above for more info]

 

[Seattle1]

4/7/22 Megan Boswell told police Evelyn was dead a week before remains found, agent says

[..]

New details surrounding the case emerged Thursday when the special agent revealed that Boswell told police a week and three days before Evelyn’s remains were found that she was aware the child was dead.

During the April 7 court appearance, Gratz provided a timeline leading up to the March 6, 2020 discovery of Evelyn’s remains on family property, including accusations that Boswell led investigators on by lying to law enforcement regarding Evelyn’s whereabouts.

[..]

Less than a month after she was reported missing — and a week and three days after Boswell allegedly told authorities she knew the child was dead — the search came to an end on a family member’s property. Gratz revealed Evelyn’s remains were found in a playhouse that had been built for Megan as a child.

“We found the remains inside of a building that was referred to by the family as the playhouse,” Gratz said at Thursday’s court hearing. “It was out behind what I would call a storage building on the property, and this playhouse was built by the defendant Megan’s grandfather as a playhouse for her when she was a child.”

The TBI continues to wait on test results from evidence collected at the scene. Gratz revealed that the TBI collected nearly a terabyte of digital evidence surrounding the case, including texts and direct messages.

 

[PommyMommy]

MAY 31, 2022

Wednesday is negotiated settlement deadline in Boswell case

BLOUNTVILLE, Tenn. (WJHL) — Wednesday is the deadline for a negotiated settlement in the trial of Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter Evelyn Boswel…

www.wjhl.com

Wednesday is the deadline for a negotiated settlement in the trial of Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter Evelyn Boswell.

Boswell faces 19 charges, including two counts of felony murder.

While she is not expected to appear in court Wednesday, the negotiated settlement deadline gives Boswell the opportunity to change her plea. She has pleaded not guilty to all charges.

[...]

 

[PommyMommy]

JUN 9, 2022

Attorneys meet before Megan Boswell motions hearing Monday

BLOUNTVILLE, Tenn. (WJHL) – As the trial for the woman charged with murdering her 15-month-old daughter draws nearer, the cogs of the legal system continue to click. Megan Boswell’s def…

www.wjhl.com

[...]

Megan Boswell’s defense attorney Thursday met with the district attorney as well as the judge in the case to discuss the agenda for her court appearance on Monday.

“On Monday, after consulting with the district attorney and judge in the case, we’ve determined that we are only going to hear a motion to continue the trial. It’s going to be based on my – the defense’s – need for expert testimony that we have to procure based on evidence that was recently provided to us by the state,” defense attorney Brad Sproles told News Channel 11.

According to District Attorney General Barry Staubus, that will be the only topic of discussion Monday following the several-hour-long meeting Thursday morning.

“On Monday, we – the state doesn’t intend to file any motions or hear any motions, but I expect that we will hear some at a later date. After talking to counsel for the defense, my understanding is they’re going to file a motion to ask to have an expert to review some of the findings from our fingerprint evidence from the TBI,” Staubus said.

[...]

Boswell is currently scheduled to stand trial on September 26, but that date and the venue could possibly change.

“We filed the routine motions in that we’ve asked for what’s called reciprocal discovery,” Staubus said. “The defense asked for information from us. We ask them to reciprocate, provide whatever state law provides that they have to and we will. We filed a motion regarding the introduction of photographs at trial that will be heard at a later date. And those are the outstanding motions we have, and we also have the motion to change by the defense to change venue of renown. That hasn’t been heard, that’s premature, he’ll wait closer to trial to have that motion heard.”

[...]

She will appear in Sullivan County General Sessions Court Monday at 9 a.m.

 

[PommyMommy]

JUN 10, 2022

Megan Boswell scheduled to appear in court Monday

Megan Boswell, the mother charged with murdering her 15-month-old daughter, Evelyn, is scheduled to appear in a Sullivan County courtroom on Monday. Megan faces charges of murder, aggravated child abuse, and multiple counts of false reporting. District attorney Barry Staubus told News 5 he...

wcyb.com

[...]

District attorney Barry Staubus told News 5 he anticipates the defendant will file a motion to retain an expert to review the results of the TBI latent print examination reports.

Her attorney has already asked for severance, meaning he wants her false reporting charges to go to trial separately from her murder and child abuse charges. The state argues they should be all tried together.

Monday's court appearance is set for 9 a.m. We plan to stream the hearing here on our website and on our Facebook page.

 

[Mountain_Kat]

Forensic pathologist testifies Evelyn Boswell died by asphyxiation

SULLIVAN COUNTY, Tenn. (WJHL) – An expert in the field of forensic pathology took the stand in Sullivan County court Friday afternoon and shared new details in the death of toddler Evelyn Bos…

www.wjhl.com

According to Mileusnic-Polchan, there was a “mechanical obstruction” to Evelyn’s airway in the form of foil, and a blanket had been tightly wrapped around her head.

 

[Seattle1]

WATCH LIVE: Megan Boswell appears in court

BLOUNTVILLE, Tenn. (WJHL) — A hearing is scheduled for Friday in the case of Megan Boswell, who is accused of killing her 15-month-old child, Evelyn Boswell. According to a court release, a hearing…

www.wkrn.com

9/23/22

BLOUNTVILLE, Tenn. (WJHL) — A hearing is scheduled for Friday in the case of Megan Boswell, who is accused of killing her 15-month-old child, Evelyn Boswell.

According to a court release, a hearing concerning the admissibility of photographs at Boswell’s trial, which is currently scheduled to begin on Feb. 6, will take place at 1:30 p.m. at the Sullivan County Justice Center.

 

[Seattle1]

Judge denies Megan Boswell’s request for different attorney

BLOUNTVILLE, Tenn. (WJHL) — Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter, attempted to part ways with her public-appointed defense attorney Brad Sproles dur…

www.wjhl.com

9/23/22

BLOUNTVILLE, Tenn. (WJHL) — Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter, attempted to part ways with her public-appointed defense attorney Brad Sproles during a court hearing on Friday, Sept. 23.

A News Channel 11 crew was in the courtroom when Boswell told Judge James Goodwin the request came due to “differences of opinion” — including which witnesses to use during the murder trial in February. Boswell said that she and Sproles also had a difficult time preparing for the hearing.

Boswell told Goodwin that she felt “uncomfortable” going forward to the trial with Sproles as her representation. She said the two have been at odds and had experienced difficulties preparing for Friday’s hearing, leading to doubt about their ability to work together at the trial.

 

[Seattle1]

9/23/22

Forensic pathologist testifies Evelyn Boswell died by asphyxiation​

 

[Seattle1]

9/23/22

Judge denies Megan Boswell’s request for different attorney​

 

[PommyMommy]

TBI agent describes finding Evelyn Boswell’s body​

The forensic pathologist testified that Evelyn’s body had been unnaturally folded, and other photographs showed her body had been wrapped so tightly that her facial features flattened. Mileusnic said pictures will help a jury determine if the death was accidental or intentional. She said jurors should see how tightly Evelyn had been wrapped in a blanket and foil.

 

[MountainGal33]

delete* wrong forum

 

[Seattle1]

*********WARNING: GRAPHIC DETAILS******************

Forensic pathologist believes Evelyn Boswell died from asphyxia, had foil in mouth​

A forensic pathologist testified Friday in Sullivan County that she believes Evelyn Boswell died from asphyxia.

wcyb.com

BLOUNTVILLE, Tenn. (WCYB) — A forensic pathologist testified Friday in Sullivan County that she believes Evelyn Boswell died from asphyxia.

Dr. Darinka Mileusnic-Polchan was called by the state to testify, and believes that Evelyn died by asphyxia with 4 different mechanisms present. It is believed that Evelyn was upside down in a trash can and suffocated by a blanket and aluminum foil.

Special agent Brian Fraley with the Tennessee Bureau of Investigation testified regarding when Evelyn's remains were found. He testified that when authorities opened a playhouse door on the Boswell family property, there was a trash can and trash bag with Evelyn's body inside.

[..]

Graphic details of Evelyn's death were also brought up during the motions hearing on Friday. Dr. Darinka Mileusnic-Polchan testified that the blanket wrapped around Evelyn's neck was so tight it caused indentions on her face.

Judge Goodwin ultimately ruled around half of the photos in question would be allowed during trial. One of the photos allowed will also be shown to a jury in black and white, instead of color.

The decision did not come as a surprise to Megan's attorney, Brad Sproles.

[..]

Boswell will be back in court on December 16th 2022, where a hearing is scheduled to take up a change of venue motion.

Her trial is expected to take place in February 2023.

 

[MissMalowe]

Judge denies Megan Boswell’s request for different attorney

BLOUNTVILLE, Tenn. (WJHL) — Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter, attempted to part ways with her public-appointed defense attorney Brad Sproles dur…

www.wjhl.com

9/23/22

BLOUNTVILLE, Tenn. (WJHL) — Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter, attempted to part ways with her public-appointed defense attorney Brad Sproles during a court hearing on Friday, Sept. 23.

Good call, Judge. No sense wasting more time and taxpayers' dollars- Keep things moving.

 

[Seattle1]

Megan Boswell’s attorney files motion to withdraw as her counsel

BLOUNTVILLE, Tenn. (WJHL) — The attorney for Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter, has filed a motion asking the court to let him withdraw as her co…

www.wjhl.com

10/19/22

BLOUNTVILLE, Tenn. (WJHL) — The attorney for Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter, has filed a motion asking the court to let him withdraw as her counsel.

Brad Sproles, Boswell’s public-appointed defense attorney, filed the motion on Wednesday claiming that “the attorney client relationship has deteriorated to the point that counsel is unable to effectively and zealously represent the Defendant in this matter,” according to court records.

Megan Boswell new lawyer bid: Public defender explains when switch would be appropriate
“Despite the efforts of counsel and the Defendant to rehabilitate the same, the attorney client relationship is not salvageable,” Sproles said in his motion. “Therefore, counsel respectfully requests that he be relieved from further representation of the Defendant, and that the Court appoint her suitable counsel to continue in her defense.”

Sproles is also requesting to stay on the case temporarily in a pro bono status in order to help Boswell’s new attorney with the transfer and organization of case materials.