The Front Porch

Clutchbag said:

if she always assumed it was the parents then she should have no problem letting LE do their job and clear her, aka, by cooperating! Which is the first thing LE try to doclear the parents

Neither has happened, they refused to cooperate and theyhave not been cleared

Can they not be charged with obstructing an investigation?

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I sure like the idea, but I seriously doubt they could be charged. :banghead:

Nom de plume said:

I sure like the idea, but I seriously doubt they could be charged. :banghead:

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Not yet!

Clutchbag said:

if she always assumed it was the parents then she should have no problem letting LE do their job and clear her, aka, by cooperating! Which is the first thing LE try to doclear the parents

Neither has happened, they refused to cooperate and theyhave not been cleared

Can they not be charged with obstructing an investigation?

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BBM
In the United States of America a person cannot be compelled to be a witness against them self. It's called the Fifth Amendment.

So the answer is no, they cannot be charged with obstructing an investigation or of obstructing justice.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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http://caselaw.lp.findlaw.com/data/constitution/amendment05/

I am re-reading this, and it's bugging me where the 3 older kids were that evening.

Neighbor Shawn told Jim Spellman that he came outside "just as it was getting dark". That has waffled between 6 - 8 pm. I looked it up, and sunset at that time of year is right at 6.

He says he didn't see or hear any kids while he was there for an hour and a half. IF it was 8-9:30, then ok, maybe long day the kids fell asleep watching tv.

But if it was more likely 6:30, or even 7 - "Just getting dark" - isn't that pretty early for kids that age to be asleep?

I can't imagine ones that age not coming out to the porch for an hour and a half.

Anyway, that's what's bugging me.

GoodGurl said:

I am re-reading this, and it's bugging me where the 3 older kids were that evening.

Neighbor Shawn told Jim Spellman that he came outside "just as it was getting dark". That has waffled between 6 - 8 pm. I looked it up, and sunset at that time of year is right at 6.

He says he didn't see or hear any kids while he was there for an hour and a half. IF it was 8-9:30, then ok, maybe long day the kids fell asleep watching tv.

But if it was more likely 6:30, or even 7 - "Just getting dark" - isn't that pretty early for kids that age to be asleep?

I can't imagine ones that age not coming out to the porch for an hour and a half.

Anyway, that's what's bugging me.

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Shawn is standing right next to a couple of women who are drinking alcohol, chatting it up, and you are wondering why he didn't hear the kids inside of the house? I would be surprised if he could hear a cannon go off next to his head.

If the kids were occupied in the house watching a movie, why would they come outside? MOO.

RANCH said:

Shawn is standing right next to a couple of women who are drinking alcohol, chatting it up, and you are wondering why he didn't hear the kids inside of the house? I would be surprised if he could hear a cannon go off next to his head.

If the kids were occupied in the house watching a movie, why would they come outside? MOO.

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But in my experience, little kids that young don't get preoccupied watching a movie for an hour and a half, without running to ask mom a question or two. JMO I would think they would have come and asked for someone to get them a drink or make them popcorn or break up an argument or something. Maybe that was just my kids. illowfight:

Yes, and on top of general experience with 3 young kids being totally quiet for an hour and half without one.single.question/argument, add to that there was a new kitten in the house (only been there since sometime after JI left at 5:30). That's exciting kid stuff! They'd be chasing that cat all over that house! Why were these kids so darn quiet? If there's a movie that works that well, it would be a best seller! JMO, of course.

As I've read more of this and considered the timeline, I think that Shane must have been mistaken about "just getting dark", and it was closer to to 8 p.m when he arrived.

According to the timeline, DB returned from the store at 5, cooked dinner, and put kids and baby down around 6:40. Shane said that the girls "weren't drinking when he was there, but he could tell they had been". If he arrived at 7, even 7:30, and assuming they just got out there by 6:45 at the extreme earliest, it's not likely they would have downed enough to have stopped drinking by 7-7:30.

But possibly by 8 they had had several and would take that hour-and-a-half break while he was there. That also accounts better for the kids not showing up, by 8 pm, they could have settled down and possibly fall asleep watching TV.

But does fly in the face of DB being blackout drunk, if she stopped drinking from 8-9:30 while Shane was there. (I originally gave her the benefit of the doubt that she drank lighter earlier in the evening, more heavily as she felt the kids were out for the night and JI would be home soon).