GUILTY WV - Skylar Neese, 16, Star City, 6 July 2012

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From the link in the post above:

<snipped>
Benninger contends in his filing that Shoaf “was laboring under extreme emotional distress, anxiety and duress and/or suffering from a diagnosed mental illness at the time she made incriminating statements concerning herself and defendant Shelia Eddy.”
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Oh, I see. Rachel was so distressed about the disappearance of her friend and obsessed with guilt since she and Sheila had been with Skylar the night Skylar disappeared, that she had hallucinations about Sheila and herself murdering their friend. Hmmm....interesting defense. :waitasec:

But, wait....Rachel led LE to Skylar's remains, which were recovered on Eddy Rd. in PA - property owned by a relative of Sheila. So, will the defense also claim that Rachel is psychic, or that she acted alone and tried to frame Sheila?

And what does this mean:
<snipped>
A motion to dismiss the indictment against Eddy, claiming that investigators “engaged in substantial prosecutorial misconduct” through their contact with Eddy before she was indicated.
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Charges weren't brought against Sheila until well after Rachel implicated her, IIRC.

http://wajr.com/common/more.php?m=15&r=1&item_id=13841
 
Well I thought the mental illness of RS would be SE defence.

Would also love to know what they are barking at here?

Quote:
A motion to dismiss the indictment against Eddy, claiming that investigators &#8220;engaged in substantial prosecutorial misconduct&#8221; through their contact with Eddy before she was indicated.
 
Getting anxious and nervous for this case, I really hope justice is served for Skylar. What happened to her is truly horrific and damaging for her parents and real friends to have to deal with. So senseless and seriously stupid and sick for her friends to murder her "for no reason" or for ANY reason really and then lie to everyone. I hope there is enough evidence forensically and I think there is definitely enough circumstantial or other evidence to convict both to life in prison (too bad about the plea, maybe PA will nab RS next).

I think there was not very much media interest because of how the case was handled from the start, over a year ago, and its so terrible involving minors, I guess the trial will stay locally because some people in the area didn't even know that Skylar was missing and murdered etc. I hope it doesn't turn into more of a mess and that it is a fast quick trial leaving those monsters slammed in jail forever.
 
It's a shame the DP isn't on the cards for either of these two monsters. SE looks bored and cocky in court.
 
SE's trial is scheduled for February 11 2014. The motion to change venue was deferred and will be decided later. I don't think the venue will be changed unless the media picks up the story more (which seems unlikely as there isn't currently much to report).
 
sadnpod said:
http://wvmetronews.com/2013/10/15/new-trial-date-for-shelia-eddy/

I'm guessing the new "do" is to make her look more like an innocent 18 yr old? What happened to the smirk? The smiles? She makes me want to scream. RIP Skylar... I don't think justice will be served. But I'm so glad they will suffer, even if its only from denial of McDonalds.
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BBM
Probably something like that. I was thinking maybe to make her look more mature so she can claim she was young, immature and compulsive when she murdered Skylar but has matured since then. I don't think the judge is buying it...he denied bail and it looked like he was trying hard not to laugh at her mile-high 'do. Someone in the comments wondered if that's a 'possum on her head. :laugh::turkey:

Justice for Skylar. :rose:
 
forgive me if this has been covered but it reads like a law school test riddle. So SE and RS commit a crime (kidnapping) in WV, continue the crime over state lines into PA (I believe kidnapping is a federal crime no matter where it occurred but now that there are 2 states involved it's definitely federal), they commit the murder in PA. So why are they being charged in WV and not in PA or in federal court?

I was also surprised that RS hasn't received sentencing yet but I am assuming they will wait on that until after her testimony in the SE trial?

Anyone with some legal cojones want to explain the jurisdictional thing to me? Thanks!!
 
geokaren said:
forgive me if this has been covered but it reads like a law school test riddle. So SE and RS commit a crime (kidnapping) in WV, continue the crime over state lines into PA (I believe kidnapping is a federal crime no matter where it occurred but now that there are 2 states involved it's definitely federal), they commit the murder in PA. So why are they being charged in WV and not in PA or in federal court?

I was also surprised that RS hasn't received sentencing yet but I am assuming they will wait on that until after her testimony in the SE trial?

Anyone with some legal cojones want to explain the jurisdictional thing to me? Thanks!!
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The area where the murder happened is very backwoods and rural with twisting dirt roads and private residences on large properties, there is no clear "border" marked for WV/PA but the girls may not have even known they left Skylar "technically" in PA but the girl who's father owned land nearby, Eddy, where Skylar was found might have known they had entered PA, who knows at this point.

Shoaf confessed in January and led LE to Skylar's body. She was expecting a "plea deal" complete IMMUNITY from WV if she told where Skylar was/what happened and the plea was initially offered because they thought there was an accidental overdose cover up - not full blown 1st degree murder at the hands of her friends.

So LE in WV is shocked at this murder confession, Shoaf leads LE to Skylar's body and it turns out that it is.....technically on PA land so I think it voided the "full immunity plea deal" because Skylar wasn't found in WV, where the deal was offered, and well I don't think anyone was ok with immunity from brutal murder? Shoaf may not have even known that she was left in PA that night. I believe the case was passed off from PA to WV because WV LE was originally working on Skylar's case when she was "missing" and they had been questioning her friends/community trying to figure out what happened to her.

I still think they both might be tried later in PA? Not sure. If you look this case up on topix there are many legal posts explaining the intricacies of this case.
 
I was reading on topix and it's often difficult to know who is right on there since there are many conflicting posts about jurisdiction. I doubt it would matter if she was aware that she had crossed state lines - ignorance of the law and all that...maybe PA didn't want the expense? or Maybe they are keeping a charge in their back pockets in case the girls somehow manage to get off in WV?

I understand that SE has a trial date for Feb 2014 now in WV.
 
geokaren said:
forgive me if this has been covered but it reads like a law school test riddle. So SE and RS commit a crime (kidnapping) in WV, continue the crime over state lines into PA (I believe kidnapping is a federal crime no matter where it occurred but now that there are 2 states involved it's definitely federal), they commit the murder in PA. So why are they being charged in WV and not in PA or in federal court?

I was also surprised that RS hasn't received sentencing yet but I am assuming they will wait on that until after her testimony in the SE trial?

Anyone with some legal cojones want to explain the jurisdictional thing to me? Thanks!!
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I am doing some searching, and there are lots of articles about people being charged with kidnapping in federal court. Most of them do not seem to have crossed state lines. However, I also know of cases where kidnapping was a charge, and it stayed in the state. It seems that the cases that get tried in federal court just involve kidnapping, while the ones that stay in the local court are when the kidnapping becomes a murder?
 
I also see a defecit here; should be charged in PA with murder in the first if the murder took place in PA. They found her there; doesn't mean the crime happened there. She most likely died in WV. Can someone help clear this up? This is how I see it..legally speaking. Crime is charged in the state the crime happens. Like Mel McGuire, she lived in NJ; but dumped her husb body off the bridge in the chesapeake bay bridge waters...VA. She cut his body UP in the bathroom in NJ; crime charged in NJ.
 
The new and the glasses and no makeup look are meant to give her a more youthful, studious, innocent appearance. No question. That looks like an entirely different girl than those in the twitpics, which, I am convinced, will be featured heavily in the trial.
 
I agree on the tweets - I am dying to see how the social media aspect unfolds in court. There was a lot of drama between her and her classmates via twitter. It seemed that so many of her circle knew the truth - amazing to me that it didn't come to light sooner.
 
Cherry said:
I also see a defecit here; should be charged in PA with murder in the first if the murder took place in PA. They found her there; doesn't mean the crime happened there. She most likely died in WV. Can someone help clear this up? This is how I see it..legally speaking. Crime is charged in the state the crime happens. Like Mel McGuire, she lived in NJ; but dumped her husb body off the bridge in the chesapeake bay bridge waters...VA. She cut his body UP in the bathroom in NJ; crime charged in NJ.
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I thought that the body had been moved but only a few yards from the scene of the murder. There would have been a lot more than a few drops of blood had the murder occurred in WV and then transported to PA. Seems to me the murder did happen in PA.
 
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