GUILTY CA - Gianni, 24, & Sal Belvedere, 22, Ilona Flint, 22, San Diego, 24 Dec 2013 - #3

[jggordo]

I believe the main reason that Mercado is in the third floor psych unit is because he is continually going to court appearances. In light of his Tylenol fiasco especially. Therefor he must be documented as to his ability to assist counsel in his defense and ability to be cognitive of court actions. Documentations as to what medications taken and when to show that the State is not sending him into Court like a zombie, so as to give defense a reason for appeals down the line. Being safe from others as well as himself.

I also think if there was any psych defense possible that defense would be using it to their advantage already. When LE did the SW's of Mercado's home and subsequent list of items taken into evidence I did not se that any meds were listed that I saw, prescription or otherwise. Had there been I believe they would have been taken and evaluated as to content and so on.

JMO's

 

[thebestinthewest]

I believe the main reason that Mercado is in the third floor psych unit is because he is continually going to court appearances. In light of his Tylenol fiasco especially. Therefor he must be documented as to his ability to assist counsel in his defense and ability to be cognitive of court actions. Documentations as to what medications taken and when to show that the State is not sending him into Court like a zombie, so as to give defense a reason for appeals down the line. Being safe from others as well as himself.

I also think if there was any psych defense possible that defense would be using it to their advantage already. When LE did the SW's of Mercado's home and subsequent list of items taken into evidence I did not se that any meds were listed that I saw, prescription or otherwise. Had there been I believe they would have been taken and evaluated as to content and so on.

JMO's

Maybe SDHelps knows the arrangement of jail housing it's practically her 2nd home lol jk the original warrants didn't request to be able to take medications they would have to get a 2nd warrant and in all fairness he has not been convicted yet who knows what will come out. When I heard there were drugs involved I was beyond mad I felt lied to and misled but there was more to the story. It gives me ulcers just thinking about it but he might not be found guilty or maybe he is not guilty which I doubt but there is just so much information that has yet to be released. Imo he is a couple french fries short of a happy meal and delusional. If he had not been over he would have completely been off the radar maybe that was the idea to see if he could commit the perfect murder. I still want to know where he did the car and how in the heck did he drive the car to riverside with a body in the trunk and not seem to care. Why did he strip Gianni and pull his pants to his ankles? you never know someone might have been an evil genius and paid the most unsuspecting guy in the world to carry out the hit but imo no one wanted the 3 of them dead over drugs and it's been stated by LE the drug use was exaggerated by the drug dealer(s) I'm going to post of the website some videos and media but Gianni was classically trained to play the piano I have an exert from him playing Yanni and I have another of Sal playing stairway to heaven. Imo they were just Utah kids who were experimenting and the California culture shock never seems to have consequences at first. [emoji195] [emoji123] [emoji90] [emoji115] [emoji108] [emoji100]

 

[thebestinthewest]

Omg how did I make those things? The weird poop thing and other emoticons?

 

[jggordo]

One thing I have been wondering about is if Gianni in fact bought these drugs that evening, at 7PM and then at 11PM what happened to the drugs? I did not see it mentioned that they were found in the car with Gianni. He couldn't have taken or used them all.

JMO

 

[SDHELPS]

I believe the main reason that Mercado is in the third floor psych unit is because he is continually going to court appearances. In light of his Tylenol fiasco especially. Therefor he must be documented as to his ability to assist counsel in his defense and ability to be cognitive of court actions. Documentations as to what medications taken and when to show that the State is not sending him into Court like a zombie, so as to give defense a reason for appeals down the line. Being safe from others as well as himself.

I also think if there was any psych defense possible that defense would be using it to their advantage already. When LE did the SW's of Mercado's home and subsequent list of items taken into evidence I did not se that any meds were listed that I saw, prescription or otherwise. Had there been I believe they would have been taken and evaluated as to content and so on.

JMO's

BBM

MOO I'm not onboard with this theory as to being in the PSU ward. In all of the court video's and photo's we see a man that is clearly detached from what is going on around him. There is no sign of emotion, almost in a drugged state and I have to question if he really understands what is going on around him? This could be from medications being prescribed to him or merely his coping technique. I almost think the judge would asked about his state of mind? Does the judge have the right to ask what the defendant is being treated for without violating HIPPA laws?

 

[thebestinthewest]

BBM

MOO I'm not onboard with this theory as to being in the PSU ward. In all of the court video's and photo's we see a man that is clearly detached from what is going on around him. There is no sign of emotion, almost in a drugged state and I have to question if he really understands what is going on around him? This could be from medications being prescribed to him or merely his coping technique. I almost think the judge would asked about his state of mind? Does the judge have the right to ask what the defendant is being treated for without violating HIPPA laws?

I knew you would know!!! [emoji61]

 

[SDHELPS]

One thing I have been wondering about is if Gianni in fact bought these drugs that evening, at 7PM and then at 11PM what happened to the drugs? I did not see it mentioned that they were found in the car with Gianni. He couldn't have taken or used them all.

JMO

They never mentioned the drugs or his phone. Actually I don't recall them ever saying they did not find his phone either?

 

[SDHELPS]

I knew you would know!!! [emoji61]

Lord love a duck and that duck would be you! You give me way to much credit for knowing the justice system and I'm thankful I've never been through the process!!!

 

[kimmypie1]

BBM

MOO I'm not onboard with this theory as to being in the PSU ward. In all of the court video's and photo's we see a man that is clearly detached from what is going on around him. There is no sign of emotion, almost in a drugged state and I have to question if he really understands what is going on around him? This could be from medications being prescribed to him or merely his coping technique. I almost think the judge would asked about his state of mind? Does the judge have the right to ask what the defendant is being treated for without violating HIPPA laws?

I am certified in healthcare privacy compliance so I can help with this. The judge can most certainly get his medical information so long as there is a court order. I don't know enough about the legal system to know when a court order can be issued or not, however.

Now there is one exception to many HIPAA disclosures and that is psychotherapy notes, which in this case would apply to him. BUT this exception excludes medications prescribed.

So as long as there is a court order, the judge (or prosecution and defense for that matter) can access his medical records which would indicate what he is being treated for, as well as the medications he is taking.

 

[thebestinthewest]

I am certified in healthcare privacy compliance so I can help with this. The judge can most certainly get his medical information so long as there is a court order. I don't know enough about the legal system to know when a court order can be issued or not, however.

Now there is one exception to many HIPAA disclosures and that is psychotherapy notes, which in this case would apply to him. BUT this exception excludes medications prescribed.

So as long as there is a court order, the judge (or prosecution and defense for that matter) can access his medical records which would indicate what he is being treated for, as well as the medications he is taking.

But it's up to the judge if they are released to the public right? Is there a special rule when it comes to people's rights when it comes to medical records and the public's right to know? Personally I think CURES throws all the privacy rights that the Hipaa is supposed to protect. I had a somewhat hight profile client recently who's wife went to a CVS and tried to fill a fraudulent prescription she gets caught blames it on her husband saying he made her do it but the husband has access to doctors due to his profession and the possibility of injuries and the husband isn't that type of guy. Immediately damage control had to be done and let the pharmacy and corporate office know that this information is protected under HIPAA. Luckily it didn't get out but the 2nd time it happened lol (seriously) it was a lot more intense because everyone in the pharmacy including store manager etc had access to CURES and they caught employees just sifting through the database of famous people and people they did not like. I am sure someone will leak his CURES file if the medical records are kept private or maybe an agreement that the public won't see official medical records just the information available via CURES. I was looking at the back end of the justice site and the analytics this case is picking up a larger audience by the day.

 

[lynxofsd]

Many moons ago when this first happened I said that I heard from a mutual social circle I have with Ilona...

...and I remember them saying they thought it was a fatal attraction in regards to Gianni...maybe there is something to that: jealous angry girl lies to wannabe assassin CM?

Forgive me, but I am not following you here.

Who is the "jealous angry girl"?

How would this be a "fatal attraction in regards to Gianni", and how would that relate to CM, exactly?

Please explain. Thank you.

 

[kimmypie1]

But it's up to the judge if they are released to the public right? Is there a special rule when it comes to people's rights when it comes to medical records and the public's right to know? Personally I think CURES throws all the privacy rights that the Hipaa is supposed to protect. I had a somewhat hight profile client recently who's wife went to a CVS and tried to fill a fraudulent prescription she gets caught blames it on her husband saying he made her do it but the husband has access to doctors due to his profession and the possibility of injuries and the husband isn't that type of guy. Immediately damage control had to be done and let the pharmacy and corporate office know that this information is protected under HIPAA. Luckily it didn't get out but the 2nd time it happened lol (seriously) it was a lot more intense because everyone in the pharmacy including store manager etc had access to CURES and they caught employees just sifting through the database of famous people and people they did not like. I am sure someone will leak his CURES file if the medical records are kept private or maybe an agreement that the public won't see official medical records just the information available via CURES. I was looking at the back end of the justice site and the analytics this case is picking up a larger audience by the day.

The judge can't "release it to the public" but it can be part of the public court records. However, they can only access records that pertain to the case, they can't just browse through years worth. The problem would lie in determining what is relevant and what is not. Perhaps 6 months leading up to the alleged crime? The public has ZERO right to know anyone's medical information, which is why it is so protected.

Off topic here, but I really hope the pharmacy (CVS in this instance?) reported that HIPAA breach to the Office of Civil Rights. That is a huge HIPAA violation and those employess should have been fired and the patients who's rights were violated should have been notified. If there were over 500 patients involved, the media needed to be notified and the secretary of state etc. I am shocked to learn that pharmacies are sweeping this sort of breach under the rug!!:notgood:

 

[SDHELPS]

Today is CM's court appearance at 1:30 pm PDT.

Possession of Fire Arm Silencer - Probable Hearing & Sentencing Scheduled
3 Counts Murder: First Degree - Further Proceedings Schedules

I haven't heard any chatter on media about it but it's still on the docket. Hoping to glean a little more from today but not sure anything else will come out other than a possible trial date on the murder charges. I have no idea how the system runs at this point so anyone who does...please chime in

Have a great day all and for those in San Diego...stay COOL!

 

[atthelake]

:bump: 15 minutes ?

Sent from my SCH-S720C using Tapatalk 2

 

[SDHELPS]

Next court date is 9-17 and it is nothing more than a re-arraignment of the charges. This routinely happens after being bound over at the prelim. But once this happens, the DA starts talking about death penalty via an internal office committee. Then, at some future hearing, the decision on the death penalty is announced. IMO this will be a death penalty case.

Bringing tvscums post forward as to what we can expect today with the further proceeding. Hopefully if tv attends todays court appearance he can share further info. I also just texted Best to see if her media buddy would be in attendance but haven't heard yet.

This was the only mention I found on MSM regarding today.

Judge could set trial date for suspect in Christmas Eve killings

http://www.10news.com/news/judge-could-set-trial-date-for-suspect-in-christmas-eve-killings

 

[jggordo]

I was afraid this was coming. Proceeding suspended until mental exam is complete.

" A mental competency examination was ordered Wednesday for a man accused of fatally shooting three people, including two killed in a car outside the Westfield Mission Valley mall last Christmas Eve."

"On Wednesday, Deputy Public Defender Gary Gibson told Judge Kathleen Lewis that he had a doubt as to Mercado's mental competency for trial. The judge suspended criminal proceedings, ordered the defendant held without bail, and set a hearing on the results of the evaluation for Oct. 28."



http://www.10news.com/news/judge-could-set-trial-date-for-suspect-in-christmas-eve-killings

 

[SDHELPS]

I was afraid this was coming. Proceeding suspended until mental exam is complete.

" A mental competency examination was ordered Wednesday for a man accused of fatally shooting three people, including two killed in a car outside the Westfield Mission Valley mall last Christmas Eve."

"On Wednesday, Deputy Public Defender Gary Gibson told Judge Kathleen Lewis that he had a doubt as to Mercado's mental competency for trial. The judge suspended criminal proceedings, ordered the defendant held without bail, and set a hearing on the results of the evaluation for Oct. 28."



http://www.10news.com/news/judge-could-set-trial-date-for-suspect-in-christmas-eve-killings

Thanks jggordo! I guess we can't say we are surprised. I was curious how his attorney/pd was getting any information out of him based on MC's blank stares. This could take months or years or not at all? :tantrum:

Also found this link:

Criminal proceedings have been suspended...But during an arraignment Wednesday, Mercado’s public defender Gary Gibson told the judge he doubted his client’s mental competency to go to trial.

Source: http://www.nbcsandiego.com/news/loc...-Competency-Exam-275523191.html#ixzz3DcGNhjPH

 

[mrsobrien]

Not surprised.

 

[tvscum]

Raw video of hearing. DDA interview. New court documents posted:

http://www.cbs8.com/story/26555338/man-accused-in-triple-murder-to-undergo-mental-competency-exam

 

[Curious Me]

Man accused in triple murder to undergo mental competency exam
http://www.cbs8.com/story/26555338/man-accused-in-triple-murder-to-undergo-mental-competency-exam

The judge suspended criminal proceedings, ordered the defendant held without bail, and set a hearing on the results of the evaluation for Oct. 28.

"Also on Wednesday, Erickson filed two stipulations ordering DNA testing on evidence in the case, including an "ulta high voltage stun gun" found in Mercado's Mira Mesa garage, as well as a Bic lighter and black wristwatch found in Mercado's white SUV. The parties stipulated the items be tested at an independent lab in Virginia because it is likely the DNA analysis "would consume the entirety of the items."

BBM