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

[thebestinthewest]

I missed what happened :/ I have food poisoning and slept through most of the day. What happens if he comes back incompetent to stand trial and they never find him competent? How often do they do they do a hearing to see his progress? IMO he is going to plead not guilty by reason of insanity.

 

[thebestinthewest]

You know I did not push the issue because I did not want my client to have their domestic problems public especially because their profession is considered seasonal. The thing with all the info that people in pharmacies have is it's not controlled I know a pharmacist would care a lot more than say a tech or a regular employee if there is anything that jeopardize their license especially with privacy rights. Occasionally I do contract auditing of pharmacies and whenever there is a particular drug missing that does not have the appropriate documentation for disposal etc 8-10 times the pharmacist has no idea especially in family owned pharmacies where people grow to trust their employees. The employees who steal are the same ones who will abuse the patient information they have access to. The pharmacies in the midwest seem to have the biggest problems like expired drugs (insulin for diabetes) and fake medication! The employees would steal the medication and replace it with caffeine tablets etc not just for personal use but super expensive AIDS drugs as well as cancer drugs sell them on the black market and as if that isn't bad enough thats when the access to patient information becomes a breeding ground for identity theft and malicious leaks of information. I refuse to ever get an RX filled at a chain pharmacy even for antibiotics because the big ones lack accountability and structure especially with underpaid bitter employees. I always advise everyone I know from clients or even friends to only use one pharmacy and use a family owned pharmacy. If CM got his medication filled at Target I have a feeling that information will get leaked even unintentionally.

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:

 

[atthelake]

I missed what happened :/ I have food poisoning and slept through most of the day. What happens if he comes back incompetent to stand trial and they never find him competent? How often do they do they do a hearing to see his progress? IMO he is going to plead not guilty by reason of insanity.

I hope you wake up feeling much better.

Sent from my SCH-S720C using Tapatalk 2

 

[jash]

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




"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

Interesting. These items were not listed in the 'receipt and inventory' list for warrant #47060 (Mercado's house and vehicle). There was a watch listed from the SUV but it was a "Counter Culture" which I thought was a Casio G-Shock, not a Mossimo which is sold at Target.

The order for the DNA testing does not state where the items were seized from (and nothing was said at the hearing). Could Mercado have had them on his person when he was arrested? Sounds like there may have been blood on the watch.

From the order:

1. Evidence item barcode 10385816: Black "Mossimo" wristwatch with black elastic band and red-brown stains on the back;
2. Evidence item barcode 10382552: "PHX-800 Ultra High Voltage" stun gun; and,
3. Evidence item barcode 10388114: Pink Bic Lighter.

http://ftpcontent.worldnow.com/kfmb/misc/dna_01.pdf

And here's the order for the testing of the .22 caliber Ruger handgun, silencer and two magazines: http://ftpcontent.worldnow.com/kfmb/misc/dna_02.pdf.

 

[tvscum]

Interesting. These items were not listed in the 'receipt and inventory' list for warrant #47060 (Mercado's house and vehicle). There was a watch listed from the SUV but it was a "Counter Culture" which I thought was a Casio G-Shock, not a Mossimo which is sold at Target.

The order for the DNA testing does not state where the items were seized from (and nothing was said at the hearing). Could Mercado have had them on his person when he was arrested? Sounds like there may have been blood on the watch.

From the order:

1. Evidence item barcode 10385816: Black "Mossimo" wristwatch with black elastic band and red-brown stains on the back;
2. Evidence item barcode 10382552: "PHX-800 Ultra High Voltage" stun gun; and,
3. Evidence item barcode 10388114: Pink Bic Lighter.

http://ftpcontent.worldnow.com/kfmb/misc/dna_01.pdf

And here's the order for the testing of the .22 caliber Ruger handgun, silencer and two magazines: http://ftpcontent.worldnow.com/kfmb/misc/dna_02.pdf.

I had heard the stun gun was found in the same box as the ammunition in the garage. Item number 1.
http://ftpcontent.worldnow.com/kfmb/misc/x47060.pdf

Not sure about the watch and lighter.

 

[Curious Me]

I missed what happened :/ I have food poisoning and slept through most of the day. What happens if he comes back incompetent to stand trial and they never find him competent? How often do they do they do a hearing to see his progress? IMO he is going to plead not guilty by reason of insanity.

Wanted to share this recent article.

from San Diego City Beat article, August 27, 2014

LOST in the system
http://npaper-wehaa.com/sdcitybeat/2011/04/26#2014/08/27/?article=2316000

"People are committed to state hospitals for a number of reasons—they’ve been found guilty by reason of insanity or, like Mike, they’ve been deemed mentally disordered offenders, meaning that although they’ve served their sentence, they’re considered a threat to public safety and are kept at a state hospital until evaluators clear them for release. Folks are declared incompetent to stand trial (IST) when their mental illness has rendered them incapable of assisting in their own defense. It’s this population that’s putting the most strain on the state hospital system."

"In 2012, the state’s Legislative Analyst’s Office (LAO) called attention to the backlog of IST
inmates, warning that “the state faces significant legal risks” if something wasn’t done to reduce wait times. The report referenced a 2010 appeals-court ruling in the case of a mentally ill man who waited in jail for 84 days before being sent to Patton. California law requires state hospitals to report on an IST patient’s progress “within 90 days of a person being deemed incompetent,” the ruling notes."

“When a defendant arrives at Patton on day 84 of the 90-day period, there is no meaningful opportunity for the defendant to make progress toward recovery of mental competence,” the judges wrote, “let alone for the medical director of the hospital to make a written report to the court concerning such progress by the defendant.”

"Sometimes declaring someone IST is the only way to get that person treated. Defense attorneys are increasingly using competency proceedings to get help for clients, many of whom have cycled through the criminal justice system without any intervention."

 

[Curious Me]

Trying to understand what goes on with someone like CM being held in the jail waiting for mental evaluation. BBM

from San Diego City Beat article, August 27, 2014
LOST in the system
http://npaper-wehaa.com/sdcitybeat/2011/04/26#2014/08/27/?article=2316000

"For nearly six months, he was held in administrative segregation at San Diego’s Central Jail—for his own protection, Sarah was told."
“Five-and-a-half months. No medication, in his own cell in isolation,” she says.
“All he did was sleep.”

"Patton’s licensed for 1,287 patients, but currently holds 1,523—the state has waived its cap
through September 2020. Statewide, more than 200 inmates who’ve been declared incompetent to stand trial (IST) are waiting in jail—on average, 83.5 days, according to the Department of State Hospitals—for a bed to open up."

also from article

"San Diego’s Central Jail has only 30 psychiatric beds. Meanwhile, the county jail system’s waiting list to be transferred to a state hospital has reached as high as 70. Daniel Pena, captain of the Central Jail, says they’re looking at how to better care for inmates whose transfer is delayed."

 

[SDHELPS]

Trying to understand what goes on with someone like CM being held in the jail waiting for mental evaluation. BBM

from San Diego City Beat article, August 27, 2014
LOST in the system
http://npaper-wehaa.com/sdcitybeat/2011/04/26#2014/08/27/?article=2316000

also from article

"San Diego’s Central Jail has only 30 psychiatric beds. Meanwhile, the county jail system’s waiting list to be transferred to a state hospital has reached as high as 70. Daniel Pena, captain of the Central Jail, says they’re looking at how to better care for inmates whose transfer is delayed."

RSBM & BBM

I was reading how many inmates are not given prescribed meds while in city/county jails awaiting trials (varies by city/state). Just assuming CM was on any type of prescribed meds prior to incarceration I thought perhaps he was unable to continue taking these meds once arrested resulting in his "out of it" appearance. I found this on the SD County website which states:

Inmates receive required medical and psychiatric care during their incarceration. The number and makeup of the medical staff varies from facility to facility. A large percentage of inmates suffer from mental illnesses and addictions. Medical staff strictly adheres to the established guidelines for storing and securing medications. Inmates receiving psychotropic medications are provided a prescription which is called into the CVS Pharmacy closest to their residence or of their choice and is filled at the expense of the County.

Which makes me wonder about the discrepancy with the City Beat http://npaper-wehaa.com/sdcitybeat/2011/04/26#2014/08/27/?article=2316000 and the SD County Gov page? It's scary!

More here: http://www.sandiegocounty.gov/grandjury/reports/2013-2014/SanDiegoCountyDetentionFacilities.pdf

 

[Curious Me]

RSBM & BBM

I was reading how many inmates are not given prescribed meds while in city/county jails awaiting trials (varies by city/state). Just assuming CM was on any type of prescribed meds prior to incarceration I thought perhaps he was unable to continue taking these meds once arrested resulting in his "out of it" appearance. I found this on the SD County website which states:



Which makes me wonder about the discrepancy with the City Beat http://npaper-wehaa.com/sdcitybeat/2011/04/26#2014/08/27/?article=2316000 and the SD County Gov page? It's scary!

More here: http://www.sandiegocounty.gov/grandjury/reports/2013-2014/SanDiegoCountyDetentionFacilities.pdf

CM did look like he is "out of it". It was reported he looked somewhat like that when he was stopped back in January at the checkpoint when he had the guns in his car. I think it's a shame we still don't know if he had an accomplice or had been hired by someone, and now he seems incapable of assisting in his defense. This mental evaluation process will take much more time. In the meantime, it sounds like he's probably just sleeping a lot and jails are not really equipped to give a lot of mental health help.


OT
Read this article if you want to read something scary. I've been haunted by the true story of the man who died in jail after swallowing a bindle of meth. It sounded like such an awful way to die. http://www.sdcitybeat.com/sandiego/...dy-investigation-in-san-diego-jail-death.html
I have no agenda or answers to all these problems we face trying to get "Justice", but feel we need to be aware, that at this point, deputies and guards are not always professionally trained nor are jails equipped to be health facilities.

How many inmate deaths is too many?
Part one of our ‘60 Dead Inmates' investigative series:
San Diego County’s incarceration mortality rate leads California’s largest jails
http://www.sdcitybeat.com/sandiego/article-11617-how-many-inmate-deaths-is-too-many.html

 

[SDNV]

CM did look like he is "out of it". It was reported he looked somewhat like that when he was stopped back in January at the checkpoint when he had the guns in his car. I think it's a shame we still don't know if he had an accomplice or had been hired by someone, and now he seems incapable of assisting in his defense. This mental evaluation process will take much more time. In the meantime, it sounds like he's probably just sleeping a lot and jails are not really equipped to give a lot of mental health help.

BBM
I am not sure what kind of tests and meeting with counselors will be used to make the final determination but hopefully they will consider some of CM's actions during the crime and weeks after it. Could someone who is incapable of assisting in his defense have carried out the post murder plan of keeping a body in a car for a few weeks and then transporting both the car and body to riverside for abandonment? Multiple decisions were made during this as well as the phase leading up to the murders. Someone decided to get the air fresheners for the trunk of the car to mask the smell. Someone determined that by taping the trigger open on the Febreeze open that it would continue to expel the oder masking effect even after the trunk was closed. Allegedly CM was able to negotiate a price and then by a car while also in Riverside. And there are other things that he did and has done that demonstrates that he is capable of making decisions, even if they are bad ones like going through a BP checkpoint with easily recognized firearms lying on the backseat. Some of those decisions also demonstrate that he knew what he was doing was wrong. One of those decisions, deciding to partially disrobe a victim and leave him to be discovered in such a state could have been part of a plan to either shock or give a warning to others.

Additionally, It has been reported that CM held down a job at Target for quite some time. This meant that he had to demonstrate some basic skills such a showing up for work as scheduled and there must have been situations with his employment that required thinking, reasoning, and decision making as well as being able to interact with his boss. What I am trying to get across is that just because his PD makes this claim does not make it true. Hopefully, after his evaluation he will be deemed capable of assisting in his defense.

Just my Opinions

 

[Barbarella]

Is it common practice for defense attorneys to request a mental competency evaluation when their client is most likely facing the death penalty? Could this be another "tactic" to delay trial events?

I am just not sold on the fact that he is crazy. His blank stares and unkempt appearance seem sort of typical for someone who got caught for murder and has been in jail for the last few months (IMO). And, if CM is being kept on the psych floor of the jail, I'm sure he is being medicated- which further adds to his numb and detached look. I doubt he's being neglected of medication due to this being a high profile case.

I'm more frightened of the murderers who show up in court smiling and smirking. They are more nuts/crazy to me. My opinion right now is that he may have some mental health issues but he will not be found mentally incompetent.

 

[Curious Me]

Oh, I agree. Believe me, I have no patience for the mental defense in most cases. I would think he'd have some serious history of mental illness and incidents in the past to even be considered for a mental evaluation now, but that's how they do it now days. Everybody gets a chance to spin the mental illness defense wheel after pulling off well-planned horrible crimes. In the meantime, I still wonder if someone else was involved and is still out there.

 

[jggordo]

I believe the claim the defense is making now is that Mercado is "doubtful" to be able to assist in his defense for trial. That's a big difference than innocent of the charges of murder by mental defect. There seems to be too much evidence of planning the crimes to even attempt that. What I am not understanding is that Mercado had originally waived his "speedy trial" rights. The original prelim date was set for October some time. Then all of a sudden the defense attorney takes back the speedy trial waiver and the prelim gets moved up to September. How was his client able to "assist" in that decision, yet not any longer?

IMO it seems that once defense got a taste of the evidence thus far they hit the delay tactic button. What chaps me is that they have had 3 months to already do these tests. He has already been in PSYCH custody all this time. Maybe they can evaluate his defense attorney at the same time. Because the hurry up and wait defense seems a little crazy to me.

JMO's

 

[obmama]

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

The "bonus" video seemed most revealing of CM's demeanor than all other court appearances. I sensed anxiety and emotional discomfort, likely enhanced because he was standing with "all eyes on him" for a pretty good length of time, as opposed to comfortably seated and partially hidden from view.

The sense that he's "out of it" may be a coping mechanism, perhaps with the help of psychotropic drugs which are administered to 25-30% of the jail population . . .

“The Sheriff’s Department is one of the largest providers of mental health services in the county. At any given time, twenty-five to thirty percent of our inmate population is on psychotropic drugs.
https://www.prisonlegalnews.org/news/2013/oct/15/how-many-inmate-deaths-is-too-many/

He didn't appear emotionally devoid or not understanding about what was going on. With his head hung low, hiding behind his hair, and the constant lip movement, it seemed he was fighting back tears. Maybe his attorney is requesting a mental competency exam because CM refuses to talk to him and he can't properly defend him without his cooperation. It may also be a tactic, "don't admit to anything". All we know he has said is "adamantly denies" his involvement, quoted by his former attorney.

He's been in the equivalent of solitary confinement for three months, which is detrimental to mental health. Although the above linked article says "moderate suicide watch" includes 15 minute checks, it doesn't equate to "conversation". Is he under psychiatric care? Inmates are allowed two 1/2 hour visits per week. Do family members visit? Phone calls and visits are subject to recording, in this case probably mandatory, and could assist in determining mental health issues.

He certainly is not your typical inmate or triple murder suspect. He went to jail in April for the silencer, but bailed out soon after. He may have been incarcerated briefly, when he was booked after the border check incident. I wonder how he fared during his these short stints in jail. He didn't last a day in general population after his most recent arrest, which I'm sure he understood would be a lengthy stay, possibly for the rest of his life. His life is over, and if it was indeed a suicide attempt, he wants to end it. And, that defies the premise he doesn't know what's going on.

 

[thebestinthewest]

So I just talked to someone who was reading the board that I know in real life that thought someone stole my identity to post on here because it seems very out of character for me to even use the Internet (not sure if I am offended or not) I'm hoping the person reading the board gets an account because he is a doctor with a practice in East County. But eureka! He made a very good point "What makes us think that the drugs in their systems was not prescribed to them for a car accident or something similar?" Opiates are hard to test the exact method of the opiate but certain things in certain medications are how they are tested such as the acetaminophen in Percocet which is 10mg or less of oxycoedine (oxycontin) but let's say someone is taking Tylenol with it and taking more than the recommended dose you can't be sure. I've heard that before on the development side of drug manufacturing but I think it's changed with the delivery device of oxycontin where the capsule is designed to be tamper resistant. When you are injured in a car accident or similar you will often be prescribed Xanax with your opiates. I am not sure of the victims medical history but it's still a good point

 

[atthelake]

I'm not understanding this post. Testing for tylenol is different than testing for opiates. It is not a marker :Moo:

 

[thebestinthewest]

I'm not understanding this post. Testing for tylenol is different than testing for opiates. It is not a marker :Moo:

It is a way of figuring out the toxicology of the opiate's origin common opiates Tylenol in them for example percocet-5mg/500mg means 5mg of oxycoedine 500mg if Tylenol (acetaminophen) same rules apply with vicodin/Norco it's actually how you tell the difference between Norco and vicodin is the acetaminophen per dose

 

[atthelake]

It is a way of figuring out the toxicology of the opiate's origin common opiates Tylenol in them for example percocet-5mg/500mg means 5mg of oxycoedine 500mg if Tylenol (acetaminophen) same rules apply with vicodin/Norco it's actually how you tell the difference between Norco and vicodin is the acetaminophen per dose

Are you saying that druggies will take a tylenol just so tylenol will be in their system with an illegal opiate and they can say it might is prescribed?

Sent from my SCH-S720C using Tapatalk 2

 

[thebestinthewest]

Are you saying that druggies will take a tylenol just so tylenol will be in their system with an illegal opiate and they can say it might is prescribed?

Sent from my SCH-S720C using Tapatalk 2

Good idea but no heroin and morphine can give off the same drug test. But I've seen in Method Development issues with trying to tell the exact opiate mostly because heroin is so cut with things. I'm not sure how close methadone, morphine, and heroin are made up I have to look at the molecule but a good example is methamphetamine how can you tell the difference between someone taking illegal methamphetamine and desonyx during toxicology? Forgive my grammar I'm using my phone on my lap.

 

[Curious Me]

So I just talked to someone who was reading the board that I know in real life that thought someone stole my identity to post on here because it seems very out of character for me to even use the Internet (not sure if I am offended or not) I'm hoping the person reading the board gets an account because he is a doctor with a practice in East County. But eureka! He made a very good point "What makes us think that the drugs in their systems was not prescribed to them for a car accident or something similar?" Opiates are hard to test the exact method of the opiate but certain things in certain medications are how they are tested such as the acetaminophen in Percocet which is 10mg or less of oxycoedine (oxycontin) but let's say someone is taking Tylenol with it and taking more than the recommended dose you can't be sure. I've heard that before on the development side of drug manufacturing but I think it's changed with the delivery device of oxycontin where the capsule is designed to be tamper resistant. When you are injured in a car accident or similar you will often be prescribed Xanax with your opiates. I am not sure of the victims medical history but it's still a good point

I might be missing your point about the drugs in their system being somehow prescribed legally for some other reasons. How much did the doctor you spoke with know about this case? We can't ignore that according to LE's investigation what was revealed is that the drugs were being purchased on a steady basis illegally, and probably used as part of a drug habit. Is there some doubt about what the investigation uncovered?

MOO, I think it's somewhat unfair that the victims get labeled, and yet we know very little about CM, his drug inventory, his connections, life style, and activities. It will be even more unfair if drug use had nothing to do with why CM decided to practice being an assassin hitman.