GUILTY CA - Gianni, 24, & Sal Belvedere, 22, Ilona Flint, 22, San Diego, 24 Dec 2013 - #2

[jggordo]

View attachment 54545

Apparently he now has a Public Defender...



Source: http://www.nbcsandiego.com/news/loc...rt-Carlo-Mercado-266515061.html#ixzz3728km0Jh
Follow us: @nbcsandiego on Twitter | NBCSanDiego on Facebook

Thanks for the link SDHELPS.

It is heartbreaking to read articles these days regarding these kids that were just getting their lives started and so much ahead for them. And now their legacy is reduced to a few short paragraphs of names, ages and being victims. I do wish when MSM reports on these trials and tragedies along with a photo of the defendant(s) they would also have pictures of the victims as well. Trials take such a long time, even years in some cases. By the time a trial actually gets underway the public has lost touch of the true victims and not as much of who they were but all they could have been.

JMO's

 

[SDHELPS]

Thanks for the link SDHELPS.

It is heartbreaking to read articles these days regarding these kids that were just getting their lives started and so much ahead for them. And now their legacy is reduced to a few short paragraphs of names, ages and being victims. I do wish when MSM reports on these trials and tragedies along with a photo of the defendant(s) they would also have pictures of the victims as well. Trials take such a long time, even years in some cases. By the time a trial actually gets underway the public has lost touch of the true victims and not as much of who they were but all they could have been.
JMO's

BBM: All depending on what the "substantial forensic evidence" is that LE claims to have I can see CM's attorney asking for a plea deal versus going to trial and hurting his family. Of course he has to plead guilty first versus his denial in the crimes. JMO and not sure how it all works if in fact the D.A. requests the death penalty. Oh...almost forgot :facepalm: I understand that his charges have changed from 3 counts of 187 to 187(a). Sorry I have no clue how to pull up his current charges but I believe changing it to an (a) status means the death penalty is being sought? Help....

Okay guys this is all over my head so I leave it to my expert co-sleuther's here to help me out on this one.

 

[SDHELPS]

Yeesh!!! You really have to keep going back to the original link gettez posted as it is constantly changing! Here are the new court dates:

A status conference for Carlo Mercado, 29, was set for Sept. 15 and a preliminary hearing was slated for Oct. 20.

Mercado also was in San Diego Superior Court Wednesday for sentencing on a separate charge of having a gun silencer, but it was reset for Aug. 5.

It's going to be a VERY LONG SUMMER on this one! ullhair:

Source: http://www.nbcsandiego.com/news/loc...rt-Carlo-Mercado-266515061.html#ixzz3769YOi5M
Follow us: @nbcsandiego on Twitter | NBCSanDiego on Facebook

 

[jggordo]

I believe I was completely wrong about the silencer. It makes more sense to me now that it could and will be proven in the murder trial that the silencer was used in the commission of the crimes. That being said, when it comes to sentencing after the murder trial the silencer will will come back into play.

Not sure in CA but I believe if the DP is on the table a Jury has to hear the case. Ultimately it is they who vote on the DP at the conclusion.

JMO's

(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. - See more at: http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s187#sthash.DWqzW8ZP.dpuf

 

[SDHELPS]

I believe I was completely wrong about the silencer. It makes more sense to me now that it could and will be proven in the murder trial that the silencer was used in the commission of the crimes. That being said, when it comes to sentencing after the murder trial the silencer will will come back into play.

Not sure in CA but I believe if the DP is on the table a Jury has to hear the case. Ultimately it is they who vote on the DP at the conclusion.

JMO's

(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. - See more at: http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s187#sthash.DWqzW8ZP.dpuf

Thanks jggordo! I saw that as well regarding the PC which doesn't make any sense in this case. It was something that the media guy alerted Best to so for the time being I guess we shouldn't read much into it.

I'm still not clear on what would happen if the DP is on the table though. I know I hear quite frequently that John Doe defendant takes a plea deal to avoid the death penalty. I say this using very broad strokes because at this very moment I could not give you an example of a case and what state it would be in.

Thanks for keeping me sane here...that goes for all of you!!! :laughcry:

 

[Curious Me]

Saw his attorney Berg from the silencer case on the news all unhappy that he has not been able to find out what evidence LE has on CM that nails him to these crimes.

I guess he wants us to feel sorry for CM that reality is setting in, as though his emotional state is of concern, if he indeed did brutally kill Gianni, Ilona, and Salvatore. Sure, keep him on suicide watch if need be, and hurry this along, so we can see Justice done. The reality of these crimes has many of us extremely depressed. We need answers and Justice.

Keep me sane too!

Accused killer changes defense team
http://www.cbs8.com/story/25989817/accused-killer-changes-defense-team

"It's really unusual and it's extremely difficult to try to represent someone with absolutely no evidence whatsoever. I couldn't even get the affidavits for the search warrants – everything was sealed. So I have no idea what evidence they do have," Berg said. "(Mercado's) obviously extremely depressed he's (in custody). I think the reality of the situation is starting to set in a little bit, and it's very difficult for him."

 

[bessie]

Question! I have something that hasn't been released to the public it's a pic of cm I found by my own sleuthing it's relevant to the case do I need to wait for the media to publish it? There is no one in the pic but cm

You don't have to burden SDHelps. Haven't you heard? Mods never sleep.

Nor do we read each and every single post.

Rule of thumb, questions about TOS should always be addressed to a moderator in a private message. No passes for ignorance of the rules or acting on incorrect advice from another member.

Photos must be accompanied by an APPROPRIATE link. So if the photo was not MSM, and came from a FB page that does not belong to the suspect, it's a good thing you removed it.

 

[SDHELPS]

You don't have to burden SDHelps. Haven't you heard? Mods never sleep.

Nor do we read each and every single post.

Rule of thumb, questions about TOS should always be addressed to a moderator in a private message. No passes for ignorance of the rules or acting on incorrect advice from another member.

Photos must be accompanied by an APPROPRIATE link. So if the photo was not MSM, and came from a FB page that does not belong to the suspect, it's a good thing you removed it.

Without a doubt Mods never sleep! ;-) Promise we are trying to be very diligent to TOS rules here :angel:

 

[SDHELPS]

Saw his attorney Berg from the silencer case on the news all unhappy that he has not been able to find out what evidence LE has on CM that nails him to these crimes.

I guess he wants us to feel sorry for CM that reality is setting in, as though his emotional state is of concern, if he indeed did brutally kill Gianni, Ilona, and Salvatore. Sure, keep him on suicide watch if need be, and hurry this along, so we can see Justice done. The reality of these crimes has many of us extremely depressed. We need answers and Justice.

Keep me sane too!

Accused killer changes defense team
http://www.cbs8.com/story/25989817/accused-killer-changes-defense-team

"It's really unusual and it's extremely difficult to try to represent someone with absolutely no evidence whatsoever. I couldn't even get the affidavits for the search warrants – everything was sealed. So I have no idea what evidence they do have," Berg said. "(Mercado's) obviously extremely depressed he's (in custody). I think the reality of the situation is starting to set in a little bit, and it's very difficult for him."

I find the entire article interesting as it almost sounds like Mr. Berg is somewhat bitter about the change in a defense team. The reality is that nothing has to be disclosed to the defense attorney until the Status Hearing from what I'm reading. We need a verified attorney on this thread

Curious we will all keep each other sane...or crazy depending on how the wind blows :therethere:

 

[bessie]

Without a doubt Mods never sleep! ;-) Promise we are trying to be very diligent to TOS rules here :angel:

Oh, don't think I haven't noticed. LOL

Thank you all!:loveyou:

 

[thebestinthewest]

Oh, don't think I haven't noticed. LOL

Thank you all!:loveyou:

Hey I'm getting better! it's baby steps...SD Helps makes all my important life decisions she's used to it... I'm on my best behavior at the moment we can't update the Facebook etc until the preliminary hearing.

 

[SDHELPS]

Hey I'm getting better! it's baby steps...SD Helps makes all my important life decisions she's used to it... I'm on my best behavior at the moment we can't update the Facebook etc until the preliminary hearing.

First of all glad you are with the living Sleeping Beauty and feel better! And for the record I do not make any life decisions for you as it would be of no use illowfight2: Still don't understand the whole FB restrictions thing but need to follow the rules there as well.

So until there are new updates it's a time for rest.

And Bessie if you do happen to know of any "verified attorneys" in CA please send them this way. I recall one in the Bryce Laspisa case which originally brought me to WS but can't recall her name.

 

[SanJuanMom]

I think her name was GITANA...????

 

[SDHELPS]

I think her name was GITANA...????

That sounds right! Thank you SanJuanMom!

 

[bessie]

That sounds right! Thank you SanJuanMom!

Yep. That would be Gitana. Do you have particular questions you'd like her to answer?

 

[SDHELPS]

Yep. That would be Gitana. Do you have particular questions you'd like her to answer?

Really just a couple now but as the case starts I'm sure we all would have more. For now:

- In the status hearing does the D.A. have to disclose motive or just evidence?
- If the D.A. asks for the death penalty does the case automatically go to trial or can defense submit a plea deal at the time?
- What determines a change in venue? Unless you lived under a rock the past 7 months I'm sure getting a fair jury pool may be a challenge?

That's all I have at this moment but it's still early here and my mind is not fully engaged :thinking:

Thanks Bessie!

 

[Curious Me]

It seems like it takes forever to see these trials through. :waiting:
I've been following a Fallbrook/Camp Pendleton area case, waiting for it to go to trial. Heard on the news today, the trial may finally be in February 2015, almost three years from when the crime occurred. It's still up in the air whether it'll be a DP trial. ullhair:

We'll have to be very patient. We'll probably get to know each other better. :smile:


CA - Brittany Dawn Kilgore, 22, Fallbrook
http://www.websleuths.com/forums/sh...ttany-Dawn-Kilgore-22-Fallbrook-13-April-2012

 

[SanJuanMom]

You are welcome! I loved her insight on the Bryce Laspisa case (among many others)...so I am a fan myself!

That sounds right! Thank you SanJuanMom!

 

[thebestinthewest]

I've been out of touch with the outside world due to a ton of work piling up on me...my assistant quit after he started crying and threw a stapler on his way out. But I did hear about the supreme court ruling the death penalty unconstitutional. Would that go into effect now? I remember the Manson family was originally on death row and then the death penalty was overturned as were the death sentences. Is this going to be a similar situation?

 

[thebestinthewest]

I ask because someone in the Belvedere family asked me and I was unsure.