Mark Sievers Trial General Discussion Thread

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  • MWP Letter (0.5mb).pdf
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  • State's Response to Motion for New Trial (0.7mb).pdf
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I have a legal question I hope one of our experts can help answer.

Attorneys often quote other court decisions when making their claims - how are they able to just pull that information out of their brain? I know they're intelligent and likely have excellent memories but they can't know every decision ever written.

Example of what I mean -Franklin vs State 2020 ….. ….. ….

JMO
 
I have a legal question I hope one of our experts can help answer.

Attorneys often quote other court decisions when making their claims - how are they able to just pull that information out of their brain? I know they're intelligent and likely have excellent memories but they can't know every decision ever written.

Example of what I mean -Franklin vs State 2020 ….. ….. ….

JMO

I am not an expert, but online legal search engines make case summaries, legal opinions, legal news etc. readily accessible. There are public data bases, case law searches for lawyers as well as case law services (fee).
One can also research relevant supreme court decisions and then look up the original case..just my opinion..

All IMO

-Nin
 
The letter (attached) is included in an Amended Motion for a New Trial now viewable at:

Docket 606
https://matrix.leeclerk.org/Cases/Search

Or hopefully this link works (file too large to upload):

Amended Motion for New Trial.pdf (2mb)

State's response to the motion (Docket 609) is also attached. They don't waste too much time on the letter:
View attachment 227135
LEGALLYBLAND I wish there was a "I should have known button" the letter would eventually be published. You are amazing at finding and posting links to documents! I spent many hours straining to read the 2 pages on Wink's news story, and writing it all down.
Mrs.P's actions and efforts....well all I can say is, she is a brave and marvelous woman. Mrs.P and CK can look back with great pride at how much they helped to monitor the mercurial temperament of MS. (I was holding my breath, wondering what was going on behind the scenes.)
 
I have a legal question I hope one of our experts can help answer.

Attorneys often quote other court decisions when making their claims - how are they able to just pull that information out of their brain? I know they're intelligent and likely have excellent memories but they can't know every decision ever written.

Example of what I mean -Franklin vs State 2020 ….. ….. ….

JMO

Also - besides what someone else said - that's why they have paralegals to do that job! :)
 
The State's response to the new trial motion contains a good timeline of the planning phase and the communication between MS and CWW:

MS State response to new trial motion.tiff
NIN:) You always provide such fabulous info. I loved the state's response. But I have 2 BIG QUESTIONS to ask in regards to item 3 d. : "On May 7th, a prepaid/anonymous phone-- 858-336-2941(State Exhibit 79) was purchased at the Walmart on Juliet Road in Naples (State Exhibit 67). that phone would activate and ping off the closest tower to the Walmart as would the personal cellphone of Mark Sievers (StateExhibit 80, the testimony of Myra Simmons and the State Exhibit 101)"
QUESTION: Since LE knows exactly where and when the (858-336-2941) cell phone was purchased, and Walmart has such great video; 1.) Is there a video/photo of Mark Sievers (or a known associate of the aforementioned) making the purchase at Walmart???? (Just wondering if there is any other evidence, such as payment by check or debit card? Or was the purchase made in cash?)
2. Since prepaid/anonymous phones have to be activated via another phone, who's phone number was used to activate the burner phone? His house phone, cell phone, phone or friend's phone? (Curiously 858 is a California prefix.) How was the payment made during the activation time? Or was a certain amount of minutes purchased at the same time as the purchase of the phone?
Hmmm, I am just wondering if MS would be so stupid as to not have thought of these things in advance. Makes me wonder if there was an "unwitting person" who helped MS accomplish the tasks I mentioned above. Another "blip" that was not pursued?
ps. There also seems to be an error on 3b as to the date Taylor S witnessed MS and Cww having a private conversation. Also noteworthy MS purchased the burner phone 2 days after he paid for the plane reservations. Geez, what a creep! He really was quite the planner, huh?
pss. Might as well point out the error (if it is indeed just a typo) so that it can be corrected now, instead of having to bring it up at an appeals hearing.
 
Last edited:
NIN:) You always provide such fabulous info. I loved the state's response. But I have 2 BIG QUESTIONS to ask in regards to item 3 d. : "On May 7th, a prepaid/anonymous phone-- 858-336-2941(State Exhibit 79) was purchased at the Walmart on Juliet Road in Naples (State Exhibit 67). that phone would activate and ping off the closest tower to the Walmart as would the personal cellphone of Mark Sievers (StateExhibit 80, the testimony of Myra Simmons and the State Exhibit 101)"
QUESTION: Since LE knows exactly where and when the (858-336-2941) cell phone was purchased, and Walmart has such great video; 1.) Is there a video/photo of Mark Sievers (or a known associate of the aforementioned) making the purchase at Walmart???? (Just wondering if there is any other evidence, such as payment by check or debit card? Or was the purchase made in cash?)
2. Since prepaid/anonymous phones have to be activated via another phone, who's phone number was used to activate the burner phone? His house phone, cell phone, phone or friend's phone? (Curiously 858 is a California prefix.) How was the payment made during the activation time? Or was a certain amount of minutes purchased at the same time as the purchase of the phone?
Hmmm, I am just wondering if MS would be so stupid as to not have thought of these things in advance. Makes me wonder if there was an "unwitting person" who helped MS accomplish the tasks I mentioned above. Another "blip" that was not pursued?
ps. There also seems to be an error on 3b as to the date Taylor S witnessed MS and Cww having a private conversation. Also noteworthy MS purchased the burner phone 2 days after he paid for the plane reservations. Geez, what a creep! He really was quite the planner, huh?
pss. Might as well point out the error (if it is indeed just a typo) so that it can be corrected now, instead of having to bring it up at an appeals hearing.

IQ, great questions my friend.

I am not aware, that we have any info of how the burner phone MS purchased was paid for. Since it was an "anonymous" phone, I assume nothing could be traced to a name or address, credit card account etc. thus the 'anonymous'. Most likely -IMO- MS asked the Walmart employee to either activate he phone for him, or MS activated it online via a VPN (virtual private network). Myra Simmons, retired LCSO Call Detail Record Analyst, connected the burner phone (Ca number) to MS via CellHawk and many search warrants. She showed how the phones (MS personal phone and the CA number burner phone) pinged off the same cell towers during the same times of usage/pinged time. She then connected the CA number phone (MS burner) to the GA number phone (CWW burner). Fantastic work!

You do not need any other phone line or number to activate a burner phone as far as I know. It is a prepaid phone, that comes with prepaid minutes pending on how much one purchases. No personal authentication is required. So, if a WM employee activated the burner phone they may have inadvertently and involuntarily helped MS, true.

There were several mistakes made during the trial as well (defense calling one of the jurors by name..for example), one of them being the wrong phone number displayed in the pp program by Myra Simmons, CA number displayed as 858-336-2941, should be 858-366-2941.., just saying.

Talking of Myra Simmons, she did absolutely great! One of the most important assets of the prosecution! Here is her testimony again as a refresher:


ALL IMO

-Nin
 
IQ, great questions my friend.

I am not aware, that we have any info of how the burner phone MS purchased was paid for. Since it was an "anonymous" phone, I assume nothing could be traced to a name or address, credit card account etc. thus the 'anonymous'. Most likely -IMO- MS asked the Walmart employee to either activate he phone for him, or MS activated it online via a VPN (virtual private network). Myra Simmons, retired LCSO Call Detail Record Analyst, connected the burner phone (Ca number) to MS via CellHawk and many search warrants. She showed how the phones (MS personal phone and the CA number burner phone) pinged off the same cell towers during the same times of usage/pinged time. She then connected the CA number phone (MS burner) to the GA number phone (CWW burner). Fantastic work!

You do not need any other phone line or number to activate a burner phone as far as I know. It is a prepaid phone, that comes with prepaid minutes pending on how much one purchases. No personal authentication is required. So, if a WM employee activated the burner phone they may have inadvertently and involuntarily helped MS, true.

There were several mistakes made during the trial as well (defense calling one of the jurors by name..for example), one of them being the wrong phone number displayed in the pp program by Myra Simmons, CA number displayed as 858-336-2941, should be 858-366-2941.., just saying.

Talking of Myra Simmons, she did absolutely great! One of the most important assets of the prosecution! Here is her testimony again as a refresher:


ALL IMO

-Nin
Okey Dokey NIN:) The "refresher" on Myra Simmons is just what I needed to view! So LE knew exactly where the phone was purchased, when time of purchase, time of activation and MS's personal phone pinging in same area. (I missed that info first time around!)
And with the help of my research assistant, Ms. Google I now realize the purchaser of the "burner" phone can request a specific area code. (Ie, 858 was Poway, Calif) Wow! All the attempts to throw LE off (Ca area code, Ga area code) didn't work once Ms. Simmons entered the scene with her investigative skills/tools. Interestingly, no one objected to the time, place or purchaser. So, it still makes me wonder if there was a store video showing who made the purchase and why both the defense/prosecution glossed over that issue. Would/could the photo/video of the purchase be too detrimental for the defendant? Or, were there other person(s) in the same area who all sides agreed was not necessary OR germane to the investigation. (I can imagine it would be devastating for anyone to realize they were an unwitting part of activating a phone used in a murder plot.)
Hats off to Judge Kyle who kept this trial on the "straight and narrow", allowing for discussions on the evidence and not distracting the case with gossip, character assassination and innuendos.
 
Just thinking out loud about the letter that supposedly contradicted Dr. P's testimony (which IMO it did not) found by Jennie Weckelman in MS's belongings. I thought it ironic, she was also the same person who made a police report on items being stolen from the Jarvis home. Hmmm, when you look at a list of the things stolen I guess it was "intuitive" for the thieves not to have stolen that letter along with all the other items stolen from the home. Or just a coincidence JW did not have the letter in the stolen boxes.... just another one of those odd coincidences that she was so able to provide a pretty detailed inventory the stolen items....I guess.
Nude photos among items stolen from Sievers home - NBC-2.com WBBH News for Fort Myers, Cape Coral & Naples, Florida
 
Okey Dokey NIN:) The "refresher" on Myra Simmons is just what I needed to view! So LE knew exactly where the phone was purchased, when time of purchase, time of activation and MS's personal phone pinging in same area. (I missed that info first time around!)
And with the help of my research assistant, Ms. Google I now realize the purchaser of the "burner" phone can request a specific area code. (Ie, 858 was Poway, Calif) Wow! All the attempts to throw LE off (Ca area code, Ga area code) didn't work once Ms. Simmons entered the scene with her investigative skills/tools. Interestingly, no one objected to the time, place or purchaser. So, it still makes me wonder if there was a store video showing who made the purchase and why both the defense/prosecution glossed over that issue. Would/could the photo/video of the purchase be too detrimental for the defendant? Or, were there other person(s) in the same area who all sides agreed was not necessary OR germane to the investigation. (I can imagine it would be devastating for anyone to realize they were an unwitting part of activating a phone used in a murder plot.)
Hats off to Judge Kyle who kept this trial on the "straight and narrow", allowing for discussions on the evidence and not distracting the case with gossip, character assassination and innuendos.


The question with the video of the burner purchase would depend on (a) how fast LE figured out a reason for even looking at the Juliet WalMart surveillance videos, (b) how long that particular WalMart kept those videos and if they properly documented and archived them, and (c) as you pointed out, IQ, who may have been unwittingly with him at the time of the purchase, totally innocent of what was happening? Clerks wouldn't count, as they know they're always in the show. But what about the girls?? What if Mark had the girls with him at point of purchase?

Well, I just think the fabulous Ms. Myra Simmons just put a new spin on this telephonic ping-pong game of hers, and I bet she's got some mighty looking fancy trophies framed all over her game room. That woman deserves a BIG BONUS and the Keys to the City! At least, name a special room after her! She retired with a big bang under her belt! If we see her blowing off her nails in public, we'll know that ain't just nail polish waiting to dry! We love you, Ms Myra, THANK YOU! xoxoxo
 

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