DCF Shelter and Custody Hearings #2

[AZlawyer]

The gall of MS thinking that reminding his girls to brush their teeth constitutes "parenting". IMO, MAG is perfectly capable of doing that herself. I really hope she can gain full custody! If she does, would BS still have access to them and would the girls still have to go to the jail and see their father? Or is that a separate issue?

Separate issues that the judge will probably decide at the same time.

 

[MsJosie]

This is playing with fire. The state will ask CWW if MS hired him to kill his wife. I wonder if someone got to CWW and he is going to change his statement? Thats the only way it would help MS but he will be charged with 1st degree murder. bye bye plea deal.jmo.

concernedmother IMO that is one reason CWW is in a different jail building/system then MS and JRR, because CWW is/did testify against the other two. Trying to keep CWW safe and away from any threats about him testifying from MS I bet MS did try and 'get to' CWW, but if he is smart, and his attorney seems she is very smart, they will not let that stand in their way. I hope that comes out in trial too.

MS is NOT prisoner smart (thinks he is smart)....so he is not going to make friends among the prisoners by trying some of the antics he wants to. One thing I think MS has at hand is hidden money so he may be paying off or trying to pay off people to send messages of different sorts to CWW. The person holding the money would be a family member....IMO. That person can do as MS demands. IMO besides that person being 'family' I think that person is afraid of MS if he should ever get free. Again I hope if this is happening that this comes out in trial. They will get caught, just like felon arias.

Thanks AZlawyer for your comments on the hearing! Glad that CWW testimony has been recorded.

IF MS really cared for his daughters her would not be playing such games with their 'care'. He is only doing this for his own benefit....he wants that money one way or the other.

 

[FelicityLemon]

Uh..I digress. Obviously, my interpretation must be very wrong.

<snip below> from News-Press.com

Michael Mummert, the attorney representing Sievers, planned on bringing forward Curtis Wayne Wright Jr. and listed Wright as his sole witness in the trial a week ago.
But there was a problem: Wright's attorney didn't know.
.......

Kristin Allain, attorney with Children's Legal Services of the Department of Children and Families, asked Circuit Judge Robert Branning to strike Wright as a witness. And in that conversation, Allain mentioned that lack of notice to Parker.
.......

Branning asked Mummert about the obligation, to which Mummert responded: "I was not aware of that, your honor." Mummert said he didn't know who was representing Wright. "I was not aware of who his counsel was. I've never met her. I've never spoken with her," said Mummert, who then tried to appease the judge and asked for a continuation. That wasn't good enough for the judge. "You stood before this court yesterday and announced ready for trial knowing you hadn't contacted Mr. Wright's attorney. We can not proceed without Mr. Wright's attorney. There is no way," said Branning, who added that he allowed the continuation also because of statutory time requirements for getting the proceedings underway.


:thinking:

So, I guess they are trying to put the heat on Wayne now? I need AZlawyer to help me figure out the strategy here...
​

Well, now I'm confused (no sarcasm). Last week, Mummert -no more Faga?- 'planned' on having Wright as a witness for MS. Did he actually declare it on the record last week and was CWW supposed to be there this day?

Was Mummert surprised that CWW wasn't there to testify if he expected him as he said he planned?

If Wright was there, how was he there without notifying his lawyer? I can't imagine that anyone from MS defense could legally access CWW directly.
I can't imagine CWW would agree anyway - what would he have to gain.

Totally out there, buuuuuut if MS could have somehow contracted another killer (unlikely, but possible) to kill CWW once he was out of jail on way to CDF hearing? Or maybe MS thought he would get a few private words with CWW during that time if they were both held in the same room? *Drew Peterson guilty of hiring hitman to kill prosecutor*

Could it even be possible that Mummer assumed that by declaring they were planning to call CWW as witness, CWW's lawyer would be automatically notified? By whom, I don't know, but he couldn't be that naive. He graduated law school, passed the bar and got his license, and has been practicing law for eight years. Curiouser and curiouser.

 

[stillwatersc]

concernedmother IMO that is one reason CWW is in a different jail building/system then MS and JRR, because CWW is/did testify against the other two. Trying to keep CWW safe and away from any threats about him testifying from MS I bet MS did try and 'get to' CWW, but if he is smart, and his attorney seems she is very smart, they will not let that stand in their way. I hope that comes out in trial too.

MS is NOT prisoner smart (thinks he is smart)....so he is not going to make friends among the prisoners by trying some of the antics he wants to. One thing I think MS has at hand is hidden money so he may be paying off or trying to pay off people to send messages of different sorts to CWW. The person holding the money would be a family member....IMO. That person can do as MS demands. IMO besides that person being 'family' I think that person is afraid of MS if he should ever get free. Again I hope if this is happening that this comes out in trial. They will get caught, just like felon arias.

Thanks AZlawyer for your comments on the hearing! Glad that CWW testimony has been recorded.

IF MS really cared for his daughters her would not be playing such games with their 'care'. He is only doing this for his own benefit....he wants that money one way or the other.

If MS really cared for his daughters, he would not have murdered their mother. :tears:

 

[MsJosie]

Glad Judge caught all MMMM's tricks so far. I hope this Judge is not afraid to sanction if need be. Maybe doing it right away at the beginning of the hearings and trials will prevent MM from trying to do it more....well just maybe.

And where is Faga in all of this? It is going to reflect on his business/office/reputation...might not care?

 

[beach]

Well I can't think of any GOOD strategy.....

Thanks. I nearly hurt myself thinking so hard! lol

Felt like I was missing something obvious...one of those "can't see the forest for the trees" moments.

So.....

An attempt to intimidate CWW, perhaps?

after thinking some more....I am tending to go with Wyle here. In fact, I'm going to go a step further and say that I think calling Wayne was all Mark's idea, as opposed to Mummert's. In an earlier interview Mummert commented that he was serving in an advisory role and made it clear that Mark was calling the shots. I tend to think this is one of those times.

It is the ONLY sense I can make out of any of this. Mark is out of control of every other aspect of his life, so he is going to control this one. Keep in mind, he and Wayne have not been able to communicate for many months now and certainly not "face-to-face" since Wayne was arrested. In the meantime, Wayne cops a plea. Mark is ever so ...well, you know. Not happy that his brother didn't take the fall for him. That is not how this was supposed to go down at all. I believe he wants to make Wayne look him in the eyes. I think it is almost a dare... e.g., "You turned on me? Even though you know what I know about your past, okay then. You still sure you want to do that?"

Just a guess but I swear it makes ZERO sense to me that his attorney would want to call Wayne as a witness in this custody matter. There is nothing he could possibly offer to help Mark. WTH would Wayne know to help either side about whether MAG or BS would make a better guardian? He hasn't a darn clue....

Weirdest thing ever. Unless there is some revelation of which I am completely unaware, this sounds like a Mark thing to me.

 

[Hoosgirl]

Is there a way to see CWW's approved visitor list? Be interesting to see if anyone connected to MS is on there.

Sent from my SM-G930V using Tapatalk

 

[Paulas88]

Thanks. I nearly hurt myself thinking so hard! lol

Felt like I was missing something obvious...one of those "can't see the forest for the trees" moments.

So.....



after thinking some more....I am tending to go with Wyle here. In fact, I'm going to go a step further and say that I think calling Wayne was all Mark's idea, as opposed to Mummert's. In an earlier interview Mummert commented that he was serving in an advisory role and made it clear that Mark was calling the shots. I tend to think this is one of those times.

It is the ONLY sense I can make out of any of this. Mark is out of control of every other aspect of his life, so he is going to control this one. Keep in mind, he and Wayne have not been able to communicate for many months now and certainly not "face-to-face" since Wayne was arrested. In the meantime, Wayne cops a plea. Mark is ever so ...well, you know. Not happy that his brother didn't take the fall for him. That is not how this was supposed to go down at all. I believe he wants to make Wayne look him in the eyes. I think it is almost a dare... e.g., "You turned on me? Even though you know what I know about your past, okay then. You still sure you want to do that?"

Just a guess but I swear it makes ZERO sense to me that his attorney would want to call Wayne as a witness in this custody matter. There is nothing he could possibly offer to help Mark. WTH would Wayne know to help either side about whether MAG or BS would make a better guardian? He hasn't a darn clue....

Weirdest thing ever. Unless there is some revelation of which I am completely unaware, this sounds like a Mark thing to me.

Does CWW have to tangibly be there? It would be great if he could answer any questions via video streaming.

 

[AZlawyer]

Does CWW have to tangibly be there? It would be great if he could answer any questions via video streaming.

It's up to the judge. Video would be more likely if a confessed murderer is being asked to testify in a family court case.

 

[Linda 61]

Is there a way to see CWW's approved visitor list? Be interesting to see if anyone connected to MS is on there.

Sent from my SM-G930V using Tapatalk

Could they possibly be communicating with BS and AW?

Sent from my SM-T110 using Tapatalk

 

[DaleTray]

Could they possibly be communicating with BS and AW?

Sent from my SM-T110 using Tapatalk

Maybe MS is using BS to coordinate communication but I think AW has fallen out of the picture. We had a WS member in MO comment very recently that I think AW was seeking, or had sought, an annulment of the marriage.

 

[FelicityLemon]

... In an earlier interview Mummert commented that he was serving in an advisory role and made it clear that Mark was calling the shots. ...

clipped and bbm by me.

I agree with what all you said, I'm just concentrating on this specifically because it made me laugh at the thought of MS (like arias) thinking he's smarter than a lawyers.

Because MS' strategy in planning the murder worked perfectly, he thought he'd continue his brilliance by ignoring lawyer's advice.

Fool proof. :silly:

 

[Legally Bland]

I'm glad some of you guys came up with some theories as to why MS wanted CWW to testify, I was completely baffled.

 

[Kelkeen]

Lawyers are bound by procedure.. many an attorney partakes in courtroom antics, knowing full well of the eventual resulting outcome,, I see this as not an error in lack of notification,, but straight Grade A gamesmanship. imho.

Well, now I'm confused (no sarcasm). Last week, Mummert -no more Faga?- 'planned' on having Wright as a witness for MS. Did he actually declare it on the record last week and was CWW supposed to be there this day?

Was Mummert surprised that CWW wasn't there to testify if he expected him as he said he planned?

If Wright was there, how was he there without notifying his lawyer? I can't imagine that anyone from MS defense could legally access CWW directly.
I can't imagine CWW would agree anyway - what would he have to gain.

Totally out there, buuuuuut if MS could have somehow contracted another killer (unlikely, but possible) to kill CWW once he was out of jail on way to CDF hearing? Or maybe MS thought he would get a few private words with CWW during that time if they were both held in the same room? *Drew Peterson guilty of hiring hitman to kill prosecutor*

Could it even be possible that Mummer assumed that by declaring they were planning to call CWW as witness, CWW's lawyer would be automatically notified? By whom, I don't know, but he couldn't be that naive. He graduated law school, passed the bar and got his license, and has been practicing law for eight years. Curiouser and curiouser.

 

[mikeinmo]

Uh..I digress. Obviously, my interpretation must be very wrong.

<snip below> from News-Press.com

Michael Mummert, the attorney representing Sievers, planned on bringing forward Curtis Wayne Wright Jr. and listed Wright as his sole witness in the trial a week ago.
But there was a problem: Wright's attorney didn't know.
.......

Kristin Allain, attorney with Children's Legal Services of the Department of Children and Families, asked Circuit Judge Robert Branning to strike Wright as a witness. And in that conversation, Allain mentioned that lack of notice to Parker.
.......

Branning asked Mummert about the obligation, to which Mummert responded: "I was not aware of that, your honor." Mummert said he didn't know who was representing Wright. "I was not aware of who his counsel was. I've never met her. I've never spoken with her," said Mummert, who then tried to appease the judge and asked for a continuation. That wasn't good enough for the judge. "You stood before this court yesterday and announced ready for trial knowing you hadn't contacted Mr. Wright's attorney. We can not proceed without Mr. Wright's attorney. There is no way," said Branning, who added that he allowed the continuation also because of statutory time requirements for getting the proceedings underway.


:thinking:

So, I guess they are trying to put the heat on Wayne now? I need AZlawyer to help me figure out the strategy here...
​

Several things bother me about the hearing and any strategy's:
Why alienate the Judge with blatant lies?
How can you state "I was not aware of who his counsel was. I've never met HER. I've never spoken with HER," strange he knew the gender of CWW's counsel.
If Mummert planned on having CWW there and listed him as sole witness he would have to make a lot of arrangements along with permission to have him taken from his place of incarceration to be there, CWW would have to know and why did someone not notify his Councel.
Strategy may end up backfiring in his face CWW has already testified before the Grand Jury that MS was involved in the murder that alone should be grounds for custody to go to TS' family. If he recants any part of his story it would be in conflict with what he gave LE and the prosecuting attorney, with the mounds of evidence shown let him do it, then deal off the table and up the charge to 1st and DP

IMO

 

[beach]

FYI -

I just moved 26 posts to the Batch 6 doc thread. They skidded slap off the DCF custody hearing topic rails and straight into the very graphic ditches. So, if you're missing a post, please check that thread.

 

[MsJosie]

Thanks Beach...sometimes I think we forget what thread we are on when we post!!!! No wonder we cannot find our posts...we mispost on the wrong thread...or I finally figured out, I type a reply and forget to hit "Post Quick Reply" and move on to my next thread....losing everything I wrote. My fault!

You are awesome for keeping us straight!

 

[MsJosie]

Several things bother me about the hearing and any strategy's:
Why alienate the Judge with blatant lies?
How can you state "I was not aware of who his counsel was. I've never met HER. I've never spoken with HER," strange he knew the gender of CWW's counsel.
If Mummert planned on having CWW there and listed him as sole witness he would have to make a lot of arrangements along with permission to have him taken from his place of incarceration to be there, CWW would have to know and why did someone not notify his Councel.
Strategy may end up backfiring in his face CWW has already testified before the Grand Jury that MS was involved in the murder that alone should be grounds for custody to go to TS' family. If he recants any part of his story it would be in conflict with what he gave LE and the prosecuting attorney, with the mounds of evidence shown let him do it, then deal off the table and up the charge to 1st and DP

IMO

There are two things that I wanted to add....CWW is being held in a different facility, correct? I believer he is.

If that is true, then if CWW was to testify in the child custody hearings/case, he would have to be moved and held within the same holding area as MS, in the Court House Holding Facility. Is this what MS wanted, a way to get CWW close to him to be able to get to CWW and 'chat with him'? I don't know how the holding cells are set up, but I don't think there is a big area to keep prisoners apart. I don't trust MS at all to try and get to CWW.

I hope that if CWW has to testify in the child custody, then it can be done via a Skype method....that would keep the prisoners apart, lessen the eye/facial contact MS would have over CWW. We already saw MS try and 'talk' to his mom through eye contact via the Judges remarks a few weeks back at a hearing.

Then, in an interview MM made a comment of sorts that MS is running the show. So, this tactic of getting CWW to testify without his attorney knowing was a trick of MS telling his lawyer what to do. Much like Arias did through out her trial...MS may be using Arias' lessons "on how to run a court room''.

 

[Kelkeen]

Lest we forget, he had expressed ** 'wanting' ** to go to Law School,, seriously,, had he even sat for the LSAT? Through osmosis, & of course his wife's incredible accomplishments, he feels he functions under the same umbrella of prestige / accomplishment.

clipped and bbm by me.

I agree with what all you said, I'm just concentrating on this specifically because it made me laugh at the thought of MS (like arias) thinking he's smarter than a lawyers.

Because MS' strategy in planning the murder worked perfectly, he thought he'd continue his brilliance by ignoring lawyer's advice.

Fool proof. :silly:

 

[SurfieTX]

There are two things that I wanted to add....CWW is being held in a different facility, correct? I believer he is.

If that is true, then if CWW was to testify in the child custody hearings/case, he would have to be moved and held within the same holding area as MS, in the Court House Holding Facility. Is this what MS wanted, a way to get CWW close to him to be able to get to CWW and 'chat with him'? I don't know how the holding cells are set up, but I don't think there is a big area to keep prisoners apart. I don't trust MS at all to try and get to CWW.

I hope that if CWW has to testify in the child custody, then it can be done via a Skype method....that would keep the prisoners apart, lessen the eye/facial contact MS would have over CWW. We already saw MS try and 'talk' to his mom through eye contact via the Judges remarks a few weeks back at a hearing.

Then, in an interview MM made a comment of sorts that MS is running the show. So, this tactic of getting CWW to testify without his attorney knowing was a trick of MS telling his lawyer what to do. Much like Arias did through out her trial...MS may be using Arias' lessons "on how to run a court room''.

I believe you are spot on with this theory. Good noodlin'!