CO - Shanann Watts (34, dec.), Celeste"Cece" (3) and Bella (4) - MEDIA, MAPS, TIMELINES - NO DISCUSS

Attorneys for Christopher Watts, the Frederick man accused of killing his wife and children, are asking the court for permission to file a sealed pleading that contains health information, according to court documents.

According to the document that was filed Oct. 12, Watts’ attorneys claim the file would include information that is protected under the Health Insurance Portability and Accountability Act, also known as HIPAA.

Attorneys also asked for an ex parte hearing on the issue in the document. An ex parte hearing is a meeting between the judge, defendant and attorneys. It does not include the prosecution.

[...]

Christopher Watts remains in a Weld County Jail as he awaits a status conference on Nov. 19.

Christopher Watts’ attorneys ask to file sealed motion containing health information
 
Christopher Watts’ attorneys ask to file sealed motion containing health information
POSTED 1:16 PM, OCTOBER 16, 2018, BY WEB STAFF, UPDATED AT 01:17PM, OCTOBER 16, 2018

WELD COUNTY, Colo. — Attorneys for Christopher Watts, the Frederick man accused of killing his wife and children, are asking the court for permission to file a sealed pleading that contains health information, according to court documents.

According to the document that was filed Oct. 12, Watts’ attorneys claim the file would include information that is protected under the Health Insurance Portability and Accountability Act, also known as HIPAA.

Attorneys also asked for an ex parte hearing on the issue in the document. An ex parte hearing is a meeting between the judge, defendant and attorneys. It does not include the prosecution.
Christopher Watts’ attorneys ask to file sealed motion containing health information
 
Defense attorneys for Christopher Watts ask to file sealed motion containing health information
By Madeline St. Amour
Staff Writer

POSTED: 10/16/2018 11:01:38 AM MDT

The defense attorneys for Christopher Watts, who is accused of killing his wife and children, are asking the court for permission to file a sealed pleading, citing health confidentiality law.
[SNIP]

Watts' attorneys, public defenders John Walsh and Kathryn Herold, are also asking for an ex parte hearing on the issue, which is held between the judge, defendant and his attorneys, excluding the prosecution.

The attorneys are concerned the court may believe the information they intend to file as a sealed motion isn't protected under federal law and will order the motion unsealed. They cite a September court order that rejected a defense motion filed "ex parte," or sealed and directly with the judge, and ordered it released to the prosecution.
[SNIP]

HIPAA protects medical records and information, Garnett said, but HIPAA rights don't survive one's death, so it's doubtful the information concerns the victims in the case. He said the motion most likely will include Christopher Watts' medical information.

Defense attorneys for Christopher Watts ask to file sealed motion containing health information
 
OCT 18, 2018
Hiding Daughters in Oil Won't Destroy DNA in Chris Watts Case — but DNA Won't Be a 'Smoking Gun'
Dr. Phil Danielson, a professor at the University of Denver’s Department of Biological Sciences who specializes in DNA collection and analysis, says that while it may hold a pop culture-fueled importance in the minds of outside observers, the reality is much hazier in a homicide case like that of Shan’ann Watts and children Bella and Celeste, her kids with husband Chris.

What is certain, he says, is that being submerged in oil only makes DNA retrieval more difficult — but it doesn’t destroy DNA as the two do not mix well. In fact, in the long term, being buried in the ground is more risky as it exposes DNA to bacteria while oil is “relatively sterile.”

Danielson says the temperature of the oil may be another factor — and it’s unclear how hot the crude was that covered the Watts girls — but oil “in and of itself is not going to guarantee that you’re not going to get any DNA evidence.”

He says that any DNA involved in the case will be trace DNA, also known to the layperson touch DNA. It can be detected in even minuscule quantities and easily be passed from person to person in ways both direct (via skin to skin contact) or indirect, such as via a surface someone else has touched or between pieces of clothing two people wear when they are washed together, Danielson says.
 
OCT 19, 2018
Christopher Watts’ lawyers request hearing regarding possible release of autopsy results
In a motion filed Friday, Watts’ lawyers filed a motion to ask for a hearing regarding the potential release of autopsy results.

Prosecutors previously filed a request to have the autopsies sealed, but were overruled. The Weld County Coroner’s Office also filed a motion to have them sealed.

The new court documents state, in part:

“Counsel for Mr. Watts remains concerned about the government’s spurious claims related to tainting witnesses who have yet to be interviewed. Counsel remains specifically concerned that the government possesses information that the defense does not have.”
 
where do we discuss this case?
The Watts discussion is closed until we have new information to discuss. This thread is for media only and no discussion. Send me a message if you have more questions. Click on my name under my Avatar and you will see the option to start a conversation.
 
DNA has been a key dispute in the pretrial phase of Chris Watts‘ prosecution for the alleged murders of his wife and two young daughters. But an expert tells PEOPLE that it is unlikely to prove his guilt or innocence on its own.

Dr. Phil Danielson, a professor at the University of Denver’s Department of Biological Sciences who specializes in DNA collection and analysis, says that while it may hold a pop culture-fueled importance in the minds of outside observers, the reality is much hazier in a homicide case like that of Shan’ann Watts and children Bella and Celeste, her kids with husband Chris.

[...]

Danielson explains that DNA from Bella and Celeste will not be a decisive factor in confirming what really happened.

“It’s going to be very difficult based on DNA alone to suggest whether or not Mr. Watts strangled his daughters,” he says.

What is certain, he says, is that being submerged in oil only makes DNA retrieval more difficult — but it doesn’t destroy DNA as the two do not mix well.

In fact, in the long term, being buried in the ground is more risky as it exposes DNA to bacteria while oil is “relatively sterile.”

Danielson says the temperature of the oil may be another factor — and it’s unclear how hot the crude was that covered the Watts girls — but oil “in and of itself is not going to guarantee that you’re not going to get any DNA evidence.”

He says that any DNA involved in the case will be trace DNA, also known to the layperson as touch DNA. It can be detected in even minuscule quantities and easily be passed from person to person in ways both direct (via skin to skin contact) or indirect, such as via a surface someone else has touched or between pieces of clothing two people wear when they are washed together, Danielson says.

Hiding Daughters in Oil Won't Destroy DNA in Chris Watts Case — but DNA Won't Be a 'Smoking Gun'
 
OCT 25, 2018
Christopher Watts case: Judge OKs request to file sealed motion containing health information
The court handling the case of Christopher Watts, a Frederick man accused of killing his wife and children, has approved the defense's request to file a sealed motion containing health information.

It's not clear what private information the motion would contain. HIPAA law survives a person's death by 50 years, according to the U.S. Department of Health and Human Services website, so it's unclear whether the motion will contain information on the defendant or the victims.

Weld County District Court Judge Marcelo Kopcow approved the defense's request, according to court documents filed Monday.

However, Kopcow said the court would determine if sealing the motion is appropriate once it's filed. Then, the court will determine whether to hold an ex parte hearing, which is held between the judge and requesting party. In this case, the hearing would exclude the prosecution.
 
OCT 25, 2018
Should Chris Watts face the death penalty? A look at capital punishment in Colorado
Ultimately, the decision on whether to seek the death penalty against Watts lies solely on the shoulders of one person: Weld County District Attorney Michael Rourke.

Rourke has 63 days to make the decision after Watts' arraignment, a hearing that has not yet even been scheduled. A status conference hearing is scheduled for Nov. 19.

As the world waits for his decision, we're taking a deeper look at capital punishment in Colorado through the eyes of those who have been there.

So where do you stand on this debate?

"At the end of the day, people's opinions on this are irrelevant to the pursuit of justice," said Brauchler.

For now, in the Watts case, the decision is still up to one person.

"(It) sits on the shoulders of Michael Rourke and he is the right person to make that decision," further explained Brauchler.

An accused killer who's future now hangs in the balance.
 

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