Legal and Law Questions - * No Discussion *

[AZlawyer]

Feldman said that the detective initially denied he had tape-recorded the interview but later admitted he had. Feldman and Alcock have not been able to obtain the interview because of the gap in jurisdictions.



Read more: http://www.azcentral.com/community/...-baby-gabriel-case-tainted.html#ixzz12FcyCZRo

Hi Az...since this interview was obtained in AZ and not done legally....doesn't the tape actually become the property of the Tempe PD ? The fact he said he didn't tape and then recant's...that bothers me alot....thx's....

No, I don't see why the Tempe PD would own the tape. Besides, "possession is 9-tenths of the law" and it doesn't do much good to own something you don't have possession of.

I agree that his initial denial of taping the meeting is disturbing--it suggests he knows he did something wrong. I would like to know if the Tempe officers admit listening to it...

AZ...sorry to bother you again...it appears in the article the Det. spoke with the "informant" and EJ. 2 people if I read this correctly. Therefore, could he have also taped the interview with the "Informant" as well, and could he interview said "informant" without their legal counsel there? Thank You!

There's no indication that the informant was being questioned about his/her involvement in any crime, so no need to give Miranda warnings, etc. Moreover, I suspect the informant sought out LE to provide the information, not the other way around.

Hi AZ-

Can the feds charge EJ with murder, kidnapping etc. if the state charges are dismissed?

And again, thank you.

Yes, if there are federal charges to be brought.

AZ....what's the likelihood if any, that if EJ's charges are dismissed, TPS's would be dismissed as well ? Thx's...

Their charges are separate. I don't see any reason why TPS's charges would be dismissed.

 

[noopy]

Would the next scheduled hearing on 10/25 still happen? Given now they are looking to dismiss the case against EJ all together?

 

[AZlawyer]

Would the next scheduled hearing on 10/25 still happen? Given now they are looking to dismiss the case against EJ all together?

Yes, it should still go forward. The State hasn't even responded to the motion to dismiss yet, and the judge won't be considering it until all the briefs are in.

 

[saba]

Hi AZ. Will you take a look at the latest minute orders for EJ and TPS?


What is Rule 12.9 and how does it fit into the legal scheme of things?

What is a "Knapp" counsel?

As always, thanks. You're the best.

 

[kissdegirl]

Hi AZ. Will you take a look at the latest minute orders for EJ and TPS?


What is Rule 12.9 and how does it fit into the legal scheme of things?

What is a "Knapp" counsel?

As always, thanks. You're the best.

Piggybacking on this question. I'm confused too.
This doesn't help, lol.
http://www.arizonacrimelaws.com/12_9.htm
Rule 12.9. Challenge to grand jury proceedings

a. Grounds. The grand jury proceedings may be challenged only by motion for a new finding of probable cause alleging that the defendant was denied a substantial procedural right, or that an insufficient number of qualified grand jurors concurred in the finding of the indictment.


b. Timeliness. A motion under Rule 12.9(a) may be filed only after an indictment is returned and no later than 25 days after the certified transcript and minutes of the grand jury proceedings have been filed or 25 days after the arraignment is held, whichever is later.

They are both mentioned in the minute entries here. Search both names to retrieve them. Thanks so much!
http://www.courtminutes.maricopa.gov/

Elizabeth's:
The Court has received Defendant’s Motion to Modify Release Conditions.
IT IS ORDERED denying the motion.
The Court has received State’s Motion to Extend Time to Respond to Defendant’s
Motion to Dismiss.
IT IS ORDERED granting the State’s motion and extending time until November 1, 2010
to file a response.
IT IS ORDERED that any reply shall be due no later than November 8, 2010.
IT IS ORDERED setting this matter for Oral Argument on November 22, 2010 at 9:30
a.m. in this division.
The Court has received Defendant’s pro se Motion to Withdraw Counsel of Record.
IT IS ORDERED granting the motion and allowing Nicholas Alcock to withdraw as
counsel of record but to remain as Knapp counsel.
IT IS ORDERED re-appointing Vanessa Smith as counsel of record for the above named
Defendant in all further matters.

Tammi's:
The Court has received Defendant’s Request for an Extension of Time to File a Rule 12.9
IT IS ORDERED granting the motion and extending time until December 1, 2010.
IT IS ORDERED that no time be excluded. LAST DAY REMAINS: March 20, 2011.

 

[AZlawyer]

Hi AZ. Will you take a look at the latest minute orders for EJ and TPS?


What is Rule 12.9 and how does it fit into the legal scheme of things?

What is a "Knapp" counsel?

As always, thanks. You're the best.

Piggybacking on this question. I'm confused too.
This doesn't help, lol.
http://www.arizonacrimelaws.com/12_9.htm
Rule 12.9. Challenge to grand jury proceedings

a. Grounds. The grand jury proceedings may be challenged only by motion for a new finding of probable cause alleging that the defendant was denied a substantial procedural right, or that an insufficient number of qualified grand jurors concurred in the finding of the indictment.


b. Timeliness. A motion under Rule 12.9(a) may be filed only after an indictment is returned and no later than 25 days after the certified transcript and minutes of the grand jury proceedings have been filed or 25 days after the arraignment is held, whichever is later.

They are both mentioned in the minute entries here. Search both names to retrieve them. Thanks so much!
http://www.courtminutes.maricopa.gov/

Looks like Tammi's attorneys got an extension of time to file a challenge to the grand jury proceedings (Rule 12.9 motion). I doubt they have any real grounds to challenge the proceedings--they just want to make sure they keep their options open.

Knapp counsel means that Alcock will continue to be paid by Elizabeth's family to help the public defender who will now be appointed to her.

 

[kissdegirl]

Looks like Tammi's attorneys got an extension of time to file a challenge to the grand jury proceedings (Rule 12.9 motion). I doubt they have any real grounds to challenge the proceedings--they just want to make sure they keep their options open.

Knapp counsel means that Alcock will continue to be paid by Elizabeth's family to help the public defender who will now be appointed to her.

Thanks so much!

I have another question on EJ. How is it that someone who has the means to pay for a lawyer can also have the taxpayers foot the bill to pay for a public defender? TIA

 

[AZlawyer]

Thanks so much!

I have another question on EJ. How is it that someone who has the means to pay for a lawyer can also have the taxpayers foot the bill to pay for a public defender? TIA

She isn't paying for her lawyer, apparently--her family is.

 

[iluvmua]

Q: based on the current charges, how many years in jail with Elizabeth be getting?

 

[AZlawyer]

Q: based on the current charges, how many years in jail with Elizabeth be getting?

She could get 24 years just for what she's already admitted to: taking Gabriel for the purpose of keeping him away from his dad at a time when the custody order did not permit her to do so, partly for the purpose of placing the father in fear for Gabriel's life or safety, aggravated by her threatening actual infliction of injury to Gabriel.

If she had not stupidly threatened to harm or claimed to have actually killed Gabriel, the presumptive sentence would have been 4 to 5.33 years--even if she sold Gabriel or gave him up in an adoption involving forged documents!

 

[kappy50]

Az..could you go over this and explain what "Compelling information and witness interview" means in regards to this case ? You think it has something to do with it trying to be dismissed ?? Happy Thanksgiving and thank you for being so kind to us here to give your very valued observations. Very much apreciated...

TIA.11/19/2010 Motion for Withdrawal of Counsel -(Party 001)

http://www.superiorcourt.maricopa.go...caseSearch.asp (CR2010101760)

 

[AZlawyer]

Az..could you go over this and explain what "Compelling information and witness interview" means in regards to this case ? You think it has something to do with it trying to be dismissed ?? Happy Thanksgiving and thank you for being so kind to us here to give your very valued observations. Very much apreciated...

TIA.11/19/2010 Motion for Withdrawal of Counsel -(Party 001)

http://www.superiorcourt.maricopa.go...caseSearch.asp (CR2010101760)

I wish I could tell you. It's a very normal, plain-vanilla kind of order, but without seeing the actual document we can only speculate what information is being ordered to be produced. My shot-in-the-dark guess would be that it does not have anything to do with the dismissal motion, but only because I think there would have been a longer delay in briefing if a witness interview/deposition had to be completed.

 

[kappy50]

Az..what would make the determination of a cold case? In your eyes, if you can, do you think this case is a cold case ? If you can answer that, fine, if you can't, I understand...Thank you so much...

 

[AZlawyer]

Az..what would make the determination of a cold case? In your eyes, if you can, do you think this case is a cold case ? If you can answer that, fine, if you can't, I understand...Thank you so much...

Well, this isn't really a legal question , but IMO it is a cold case if I only check the Websleuths forum every week or so. Seriously, though, I think "cold case" means something different to everyone, and only LE knows whether or not they have run out of leads. Unfortunately, if G is alive, he will have aged to the point that no one will think to call the police if they see him now.

 

[saba]

Looks like Tammi's attorneys got an extension of time to file a challenge to the grand jury proceedings (Rule 12.9 motion). I doubt they have any real grounds to challenge the proceedings--they just want to make sure they keep their options open.

Knapp counsel means that Alcock will continue to be paid by Elizabeth's family to help the public defender who will now be appointed to her.

Hi AZ- Tammi's attorneys filed the Rule 12.9 motion on 12/01/2010. What if she wins? Does everthing start all over? How can this help her (besides delay things) when she has made so many incriminating statements to LE and the press already? If it goes back to the grand jury, can folks submit questions to the prosecutors? I have a few hundred.

 

[AZlawyer]

Hi AZ- Tammi's attorneys filed the Rule 12.9 motion on 12/01/2010. What if she wins? Does everthing start all over? How can this help her (besides delay things) when she has made so many incriminating statements to LE and the press already? If it goes back to the grand jury, can folks submit questions to the prosecutors? I have a few hundred.

If her motion is granted, yes, everything would start all over. I think there is approximately a zero percent chance that it will be granted. The only real benefit to her would be the delay.

I suppose you could email your questions to the prosecutors, but who are the questions for? I'm pretty sure Tammi won't be answering any questions...

 

[saba]

Hi AZ

Are EJ's new lawyers court appointed or have they been retained by someone on her behalf?

Is the seven page letter EJ wrote to the judge and attorneys confidential? We were able to see the will and her handwritten motions. What's the difference?

Thanks.

 

[kappy50]

Az...why would the state even mention changing the venue to Tennessee in the custody case. This isn't a custody charge is it? Is custodial interference the same? I'm confused. Thank You.

The state says Tammi Smith, 38, who wanted to adopt Gabriel, and Elizabeth Johnson, 24, of Tempe, the baby's mother, also discussed seeking a change of venue to Tennessee in the custody case.

 

[AZlawyer]

Hi AZ

Are EJ's new lawyers court appointed or have they been retained by someone on her behalf?

Is the seven page letter EJ wrote to the judge and attorneys confidential? We were able to see the will and her handwritten motions. What's the difference?

Thanks.

Didn't the new lawyers simply appear, without having to file a motion? If so, they are privately retained by her family. (If she herself had retained them with her own money, she would not still have court-appointed counsel.)

As for the 7-page letter, there are a couple of options for the judge. He could make sure everyone involved has a copy and file it with the court clerk, in which case it would become public record unless it were sealed for some reason (e.g., to avoid likely inadmissible information getting out into the jury pool). Or, if she didn't satisfy the requirements of service on all parties (which she might not have done), he can decline to "fix" that problem and can, instead, return the letter to her unfiled and announce that he will not consider it for any purpose.

Az...why would the state even mention changing the venue to Tennessee in the custody case. This isn't a custody charge is it? Is custodial interference the same? I'm confused. Thank You.

The state says Tammi Smith, 38, who wanted to adopt Gabriel, and Elizabeth Johnson, 24, of Tempe, the baby's mother, also discussed seeking a change of venue to Tennessee in the custody case.

This discussion was before there was any criminal case, when EJ was first planning to run away with Gabriel. Tammi is believed to have been talking about a plan to have EJ and Gabriel relocate to Tennessee and then seek custody of Gabriel from there.

 

[danisisa]

What happens with counsel defending TPS and EJ keep withdrawing from the case? Could that lead to an acquital or just another public defender?

IMO they must be being told to tell the truth to their attorny's and are not liking it.