GUILTY GUILTY OF ABUSE OF A CORPSE ONLY OH - Annabelle Richardson, newborn, found in grave 7 May 2017 #3

[proctorelites]

True, absence of evidence may not mean there is absence of a crime. I'm comfortable with the jury's verdict and I'm not willing to maintain the belief that a person really may have murdered there newborn after a jury of my peers saw the evidence before them and chose to aquit. She's a pariah already. I'm not cruel and she may be really & truly innocent? The justice system did its job then, right? That's what it's there for and trust me until you've been charged with a crime you didn't commit you have no idea how much I appreciate that system. Even when its seriously flawed and the system that charges us for crimes we didn't commit.

 

[gitana1]

The Ohio statute seems pretty clear to me that the mother is primary next of kin. The baby died while in her body and was stillborn. She should never have been charged just as the mother of this stillborn baby was not charged.

Autopsy finds stillborn baby had drugs in his system, but mother not charged in his death

Also, I'm not aware of any effort by the unmarried father to ask for custody of the stillborn child's remains. I seriously doubt he wins if he tries.

Lawriter - ORC

A family law statute governs living kids and that's what you cited (the first cite has nothing to do with this case or the remains). It has nothing to do with what happens to a body and who gets the remains. Which is why the authorities in this case states there may be a fight over the remains.

 

[Mariposa]

It won't be much of a showdown because the baby was stillborn. Evidently Fornshell refused to answer as to whether the Grand Jury knew the doctor had recanted the "burning" opinion.

JMO

Yes I'm unclear how all this would work legally. You have the issue of an apparently stillborn baby then the issue of the mother convicted of abuse of her corpse. I wonder if there are cases were someone gets custody (probably custody is not the right word...possession maybe?) of a corpse to rebury or whatever after another person is convicted of abusing the corpse. I have a sneaking suspicion that Fornshell is discussing with the Johnson family behind the scenes and that this could be the next 'twist' in this 2 year plus case. On the other hand the fact the Johnsons have apparently not spoken to the media in 2 years plus makes me think maybe they won't start now? But I wonder.

 

[gitana1]

True, absence of evidence may not mean there is absence of a crime. I'm comfortable with the jury's verdict and I'm not willing to maintain the belief that a person really may have murdered there newborn after a jury of my peers saw the evidence before them and chose to aquit. She's a pariah already. I'm not cruel and she may be really & truly innocent? The justice system did its job then, right? That's what it's there for and trust me until you've been charged with a crime you didn't commit you have no idea how much I appreciate that system. Even when its seriously flawed and the system that charges us for crimes we didn't commit.

I think that's fair. But other's mileage may vary a bit. But I get you.

 

[fred&edna]

I agree grand jury deliberated with information known the time.

We know LE had just received Coroner's report citing thermal injury on July 20, 2017 -- prompting call to BSR to return to police dept for questioning.

She was indicted about August 4, 2019, after grand jury delivered charges to DA.

It's very likely that that second exam of bones, and revised opinion were not available and/or ran concurrent with grand jury deliberations. MOO

Possibly, but didn't Dr Brown have adequate time to file an addendum (with revision) to her report? I remember the defense asking her why she did not include the addendum.

 

[Hope4More]

If Fornell is encouraging Tre's family to fight for the remains, he's even a nastier and more vindictive (bleep) than he's already demonstrated himself to be.

 

[MyBelle]

^^ bbm

Thanks for this post @gitana1 --
It's such an important concept in the US Judicial system, yet I'm often surprised that so many sleuthers -- on any given case-- often get this wrong.

A very important component of our Constitution is that the defendant is presumed innocent going into trial. A not guilty decision by a jury absolutely returns that presumption of innocence, imo. I think it very unfair to try to convict anyone in the court of public opinion which this DA tried to do.

JMO

Proof, Burden of Proof, and Presumptions.

 

[gitana1]

A very important component of our Constitution is that the defendant is presumed innocent going into trial. A not guilty decision by a jury absolutely returns that presumption of innocence, imo. I think it very unfair to try to convict anyone in the court of public opinion which this DA tried to do.

JMO

Proof, Burden of Proof, and Presumptions.

Yes but that applies only to the judge and jury. not to the world. There is no finding of innocence from a not guilty verdict and there is no presumption of innocence that society must adhere to in its opinions.

 

[squareandrabbet]

Apparently the youngest person on the jury was late 30s or 40s and was the foreperson. She was holding hands with the women next to her in their 50s or 60s. I would've felt better about this verdict if they had taken longer. But the fact that not a single person put up a fight for a guilty verdict on the serious charges is troubling to me. An all white jury over 30. Hm.

Maybe they had trouble finding non-white individuals over 30 who had themselves not had a miscarriage or stillbirth, or had one happen to a partner?

 

[MyBelle]

Really? In our legal system Skylar was presumed innocent until proven guilty. The jury found her not guilty of harming or killing her baby. And they reached that verdict within a few short hours. In fact, the jury took the extra, unnecessary step of writing on the verdict form that they didn't believe Skylar caused harm to her baby.

There is no evidence whatsoever the jury as a whole or any individual jurors believe Skylar isn't factually as well as legally innocent.

Well said!!

 

[Seattle1]

Really? In our legal system Skylar was presumed innocent until proven guilty. The jury found her not guilty of harming or killing her baby. And they reached that verdict within a few short hours. In fact, the jury took the extra, unnecessary step of writing on the verdict form that they didn't believe Skylar had caused harm to her baby.

There is no evidence whatsoever the jury as a whole or any individual jurors believe Skylar isn't factually as well as legally innocent.

Seems to me this subjective read of "defendant is presumed innocent until proven guilty" is leaving out the trial part -- where evidence presented and weighed by a jury of your peers. Proven guilty means the jury believes the defendant is guilty beyond a reasonable doubt. And this isn't automatic.

MOO

 

[BeckyF]

Yeah I mean even the state agrees with that.

I'm satisfied with how the system worked here. I am convinced she killed her child, intentionally. However, our constitution acts to protect the innocent and afford everyone due process and Skyler got due process.

I don't think the state was wrong for prosecuting her but I don't think the jury was stupid for finding the state couldn't prove it's case.

My big qualm is that I feel more jurors could come to the conclusion that she did kill her child, with the very same set of facts, if the defendant looked different.

I'm also convinced she killed her baby. But I feel the jury followed the instructions they were given and rendered their verdict accordingly. That is what they should do. I hope I don't read her name in the news any time in the future.

 

[MyBelle]

Yes but that applies only to the judge and jury. not to the world. There is no finding of innocence from a not guilty verdict and there is no presumption of innocence that society must adhere to in its opinions.

I know the U.S. Constitution doesn't apply to the "world." As an American citizen, I do respect everyone's right to due process. The jury took an oath and made their unanimous decision based on facts and the law. A verdict is not an opinion, it is a decision.

Jury Verdict

JMO

 

[Hope4More]

Seems to me this subjective read of "defendant is presumed innocent until proven guilty" is leaving out the trial part -- where evidence presented and weighed by a jury of your peers. Proven guilty means the jury believes the defendant is guilty beyond a reasonable doubt. And this isn't automatic.

MOO

The power of the State to destroy the lives of the innocent, even when they are found not guilty at trial, is precisely why the State shouldn't be allowed to abuse it's authority and power, and must be held accountable when it does.

 

[proctorelites]

Yeah I mean even the state agrees with that.

I'm satisfied with how the system worked here. I am convinced she killed her child, intentionally. However, our constitution acts to protect the innocent and afford everyone due process and Skyler got due process..............My big qualm is that I feel more jurors could come to the conclusion that she did kill her child, with the very same set of facts, if the defendant looked different.

We can definitely agree on that bolded bit. Skyler was lucky in the fact she comes from a family of means and she looks 11 yrs old, she has a fantastic background. What would happen if shes dated a gang member, had photos depicting herself smoking pot or jamming at a club and been from a poor black family living in projects? I dont think that version would end with not guilty. Hope I'm wrong though.
They were not wrong for pursuing charges, I do believe they jumped the gun calling a grand jury, however.

 

[Winterhike]

Maybe they had trouble finding non-white individuals over 30 who had themselves not had a miscarriage or stillbirth, or had one happen to a partner?

I'm guessing it's a fairly white area demographically, right? Can locals say whether this is true?

 

[proctorelites]

I believe the defense made the comment that the prosecution took DNA swab from one of the only black male students in the high school Skyler attended. They were hunting a guilty verdict and motive from the outset. They were told who the father was from the outset.
Which makes me wonder if they thought: Oh let's test he only black guy on the football team, he & Skyler said hey in the hallway a few times and even acted friendly, maybe she was pregnant with a mixed baby and scared her racist parents would find out.

 

[Seattle1]

Yes I'm unclear how all this would work legally. You have the issue of an apparently stillborn baby then the issue of the mother convicted of abuse of her corpse. I wonder if there are cases were someone gets custody (probably custody is not the right word...possession maybe?) of a corpse to rebury or whatever after another person is convicted of abusing the corpse. I have a sneaking suspicion that Fornshell is discussing with the Johnson family behind the scenes and that this could be the next 'twist' in this 2 year plus case. On the other hand the fact the Johnsons have apparently not spoken to the media in 2 years plus makes me think maybe they won't start now? But I wonder.

I believe there's more to TJ not speaking to media during the past two years:

First, there was a gag order imposed on this case almost immediately or August 2017 - and not lifted for sometime.

Second, this trial was scheduled to begin a year ago, and was delayed by defense after various motions filed including an appeal (lost) to prevent doctors/staff from Hill Top Clinic from testifying, defense attempt to get Supreme Court to intervene in the matter, and their motion for change of venue.

Third, TJ was a witness in this case for the prosecution, and witness typically requested not to talk about the case matter until after trial concludes.

I don't believe TJ owes the public anything, and may very well believe this a very personal, family matter.

MOO

 

[Hope4More]

An after the fact observation:

Skylar's response to the verdicts-crumbling in relief- sure seemed 100% genuine to me, as did her repeating out loud to herself "OK, OK," as she was handcuffed and led away. (Compare to CA who grinned and all but pranced as she was fingerprinted immediately after that verdict).

I was sad but not surprised to hear her say i love you to Kim, and sickened by Kim's reply. I hope for Skylar's sake that she runs faster than the wind away from that house at the earliest possible opportunity.

 

[BlackCloud]

Why is, she was a "cheerleader" always brought up! Is that suppose to exonerate her? If she did kill her baby she will have to face her maker some day for that.

Imaginary hope...
If she did really kill her baby she will face absolutely nothing....reality is that she got away with it