2015.09.09 Extradition of CWW from MO to FL

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lauriej

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https://www.courts.mo.gov/casenet/ca...archDockets.do

ST V CURTIS WAYNE WRIGHT JR (E-CASE)

9/01/2015

Entry of Appearance Filed
Filed By: DARIS CLINTON ALMOND Jr.

Motion to Request Disclosure
Filed By: DARIS CLINTON ALMOND Jr.

Motion to Set Bond
Filed By: DARIS CLINTON ALMOND Jr.

9/03/2015

Motion Hearing Scheduled

Scheduled for 9/15/2015; 9 a.m.
 
--CWW's attorney:

http://almondandbradypc.com/attorney/2744771

Daris C. Almond Jr.


Attorney Daris Almond was born in St. Louis, Missouri and has over 8 years of trial experience. He graduated from Southern Illinois University, Carbondale in 1999 with a B.S. in business/economics and obtained his J.D. in 2002. He was admitted to the Missouri bar in 2002. Attorney Daris Almond is a member of the Jefferson County Bar Association, the Missouri Bar, the Missouri Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, and the Jefferson County Young Lawyers Association. He practices in Jefferson, St. Francois, Ste. Genevieve, St. Louis, and Washington Counties, as well as the city of St. Louis.
 
So 9/15 is a motions hearing and 9/30 is an extradition hearing.

I wonder if the extradition order signed by Governor Scott expedites the process at all? Or is the 9/30 hearing still the next step in the extradition process?
 
Is it me or is the extradition process in America one of the stupidest things for people being charged with murder.

Why does this process take place between the different states involved when it comes to a bonified murder charge.

When was the last time that extradition has been denied within the United States. It's not like the defendant is a foreigner who resides in a foreign country.

So why let the defendant have the right to drag it out. If your lawyer is local then that's one thing. But you still shouldn't be allowed to petition extradition when you commit a crime in another state. Jmo.
 
My guess is differing philosophies on the death penalty in the different states, maybe.
I have no idea if they're ever denied so I'd agree on that point if they're not. I'm getting an education on Florida's judicial processes so I'm sure I'm going to learn the answer to that, in time, too.
 
Is it me or is the extradition process in America one of the stupidest things for people being charged with murder.
Why does this process take place between the different states involved when it comes to a bonified murder charge.
When was the last time that extradition has been denied within the United States. It's not like the defendant is a foreigner who resides in a foreign country.
So why let the defendant have the right to drag it out. If your lawyer is local then that's one thing. But you still shouldn't be allowed to petition extradition when you commit a crime in another state. Jmo.

bbm Maybe this will help some ppl in understanding extradition from one US state to another.
"In order for a person to be extradited interstate, 18 U.S.C.§ 3182 requires:" [for laundry list, pls see link below]

"There are only four grounds upon which the Governor of the asylum state may deny another state’s request for extradition: (1) the extradition documents facially are not in order; (2) the person has not been charged with a crime in the demanding state; (3) the person is not the person named in the extradition documents; or (4) the person is not a fugitive.[SUP][4][/SUP] There appears to be at least one additional exception: if the fugitive is under sentence in the asylum state, he need not be extradited until his punishment in the asylum state is completed.[SUP][5]"[/SUP]
[SUP]https://en.wikipedia.org/wiki/Extradition_law_in_the_United_States[/SUP]
 
My guess is differing philosophies on the death penalty in the different states, maybe.
I have no idea if they're ever denied so I'd agree on that point if they're not. I'm getting an education on Florida's judicial processes so I'm sure I'm going to learn the answer to that, in time, too.

Since he is charged with murder 2. There is no death penalty on the table at the moment.

So imo. This doesn't warrant an excuse for fighting an extradition. Jmo
 
Is it me or is the extradition process in America one of the stupidest things for people being charged with murder.

Why does this process take place between the different states involved when it comes to a bonified murder charge.

When was the last time that extradition has been denied within the United States. It's not like the defendant is a foreigner who resides in a foreign country.

So why let the defendant have the right to drag it out. If your lawyer is local then that's one thing. But you still shouldn't be allowed to petition extradition when you commit a crime in another state. Jmo.

It might just have to do with gaining time: The time CWW gets to Florida and the release of his 11 page arrest warrant/ preliminary case file ( as Sheriff Mike Scott pointed out in his interview last night) may not be in someone else's interest. It would provide additional time for another party (unsub/s) to deal with possibly implicating evidence i.e. evidence regarding CWW or regarding the UNSUB (unknown subject).

Just my opinion (JMO)

-Nin
 
Since he is charged with murder 2. There is no death penalty on the table at the moment.

So imo. This doesn't warrant an excuse for fighting an extradition. Jmo

Yet is all I can add to that. Criminals seem to be well read in criminal laws and in this particular state, that would include the grand jury process for indicting on first degree murder charges. So I think any delay is a good delay for someone guilty of this crime in the State of Florida, knowing what lies ahead.

I wish we did. Thanks for pointing that out.
 
Yet is all I can add to that. Criminals seem to be well read in criminal laws and in this particular state, that would include the grand jury process for indicting on first degree murder charges. So I think any delay is a good delay for someone guilty of this crime in the State of Florida, knowing what lies ahead.

I wish we did. Thanks for pointing that out.

Criminals perhaps never think about how we at Websleuths love to have crimes happening in Florida because of the Sunshine Law there :biggrin:

Using talk to text with lots of grammar errors !
 
Fighting extradition is usually just a delay tactic, a way for prisoners to thumb their nose at authority. Whilst in his home state his wife and friends can visit easily, a man is soon alone when people have to make a loooooong round trip to come see you.

Lawyers just get a few extra weeks before travel expense forms become cumbersome.
 
Gov. Scott signs Wright extradition application
Posted: Sep 09, 2015 5:16 PM CST
http://www.nbc-2.com/story/29994676/gov-scott-signs-wright-extradition-application#.VfCyaBBiLN4

It got all the way to Scott because Wright will not waive extradition, meaning he won't leave a Missouri jail without a fight.

The irony of the statement above is not lost on me. Who launches a legal fights to stay "in" a Missouri jail?
http://static.cdn-seekingalpha.com/uploads/2012/12/14/957061-13555325370535564-Chris-DeMuth-Jr.jpg
 
I agree: If I were Wright's attorney, I'd be telling him 'buying time is always best' in such a situation. Witnesses may die, blah blah. This is NOT at all the sort of murder case in which it's most prudent for the Def. to demand his 'speedy trial'.

The only catch, as I see it, is that attorneys are not to bring claims that have no rational basis - I cannot imagine what that def. att'y would argue - "Uhhh, we claim the 'fuigitive' exception cuz', uhhhh, Wright is not a fugitive - Mr. Wright is right (PARDON THE PUN, YOUR HONOR - def. att'y deliberately trying to get the judge on his side via his super duper wit ((yawning..........)) ) here in the jail; Mr. Wright is no fugitive!' blah blah (Now I am putting my own self to sleep.... zzzz).
 
I don't know where else to post this. I am including a link for Florida Rules of Criminal Procedure. http://www.floridabar.org/TFB/TFBResources.nsf/0/BDFE1551AD291A3F85256B29004BF892/$FILE/Criminal.pdf
It is very long, but a great reference as we go along for rules of law pertaining to the court case.
Florida Laws on Public records can be found here. http://www.leg.state.fl.us/Statutes...ml&StatuteYear=2012&Title=->2012->Chapter 119
From what I have read at these two links, and what I remember from the Casey Anthony case, the prosecution has fifteen days to turn over discovery to the defense, (after initial court appearance) and most of the time it was done through filings with the court, giving the public same day access.
 
I am gonna Zzzz, but would someone KINDLY explain to us what Fla.'s Sunshine Law means in this case: Please tell us how things will become more interesting for us WSleuthers by this case being in Fla. vs. any other state (IMO the MORE detail & examples given, THE BETTER !!) ! TYIA !!!
 
I am gonna Zzzz, but would someone KINDLY explain to us what Fla.'s Sunshine Law means in this case: Please tell us how things will become more interesting for us WSleuthers by this case being in Fla. vs. any other state (IMO the MORE detail & examples given, THE BETTER !!) ! TYIA !!!
Florida has some of the best public record laws (known as the Sunshine laws) in the nation. Meaning it is very hard for lawyers to be able to request to have a lot of the documents sealed. I started with Websleuths during the Casey Anthony case, and I believe it was over 40,000 pages of documents that we had access to before the trial.
I followed the Jodi Arias case out of Arizonia, and very little was released through public documents. So many secrets held through sealed documents.
The open records of Florida are very interesting to anyone following a case. It is amazing what we read with our own eyes in the documents and how they are reported in MSM.
 
Florida Gov. Rick Scott signs application for extradition of accused killer in Sievers case
6:34 PM, Sep 9, 2015 Updated 11:30 PM, Sep 9, 2015
http://www.naplesnews.com/news/crim...extradition-of-accused-killer-in-sievers-case
Subscribers only:

On Wednesday night, the Lee County sheriff answered questions in a half-hour segment on an Internet radio show called Websleuths Radio.

Scott confirmed Lee County detectives raided Wright’s trailer July 12 along with FBI agents and authorities from Missouri. He would not say exactly what investigators found but described it as “a substantial amount of what we believe is significant evidence.”

Scott said the evidence was tested at private labs in Florida and in some cases sent elsewhere in the country for specialized testing.

Scott said Wright’s arrival in Florida, which he expects “sooner rather than later,” will trigger the release of initial charging documents that provide a preliminary look into the crime. Most records, including the audio recording of the 911 call, have at this point been exempted because of the ongoing investigation.

more at link.
 
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