2015.09.09 Extradition of CWW from MO to FL

[concernedmother]

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 !!!

Its like Christmas but you dont have to wait until December. You get gifts of depositions, witness statements etc.

 

[atthelake]

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

:goodpost:

Bingo !

These guys probably had no durn idea nor foresight into the repercussions of having committed this crime interstate in Florida.... FBI and fed with their resources are automatically involved and the sunshine state laws apply.

Add to that that others in a conspiracy may not know what is going on because

... one is in a 6 month lock up with the feds so they don't have to have a preliminary anytime soon...

and the other is fighting extradition ..


so all this delays the defense attorneys getting information to do strategy for the client ....

The defense attorney in Missouri is not going to have the same kind of focus on strategy as the defense attorney in Florida eventually

and... the Freedom of Information Act and disclosure of what is going on in the case does not have to be revealed.. YET

Therefore possible conspiracy charge has much more time to work with an addition to the other person cannot find out what is going on to try to protect themselves

All above is :moo:

 

[KateB]

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 copied your post over to the Resource Links & Case Calendar sub-forum:
http://www.websleuths.com/forums/forumdisplay.php?578-Resource-Links-amp-Case-Calendar

It looks like a handy reference and should be an important resource link as the case goes to trial. And it'll be easier to find there. Thanks.

 

[scaredtopost]

What about JR? Wouldnt the sunshine law kick in when he got to FL also?

Absolutely but it could be up to six months before he's finished serving his current sentence and sent to FL. We shouldn't have to wait much longer for CWW, though. JMO. MOO

 

[MinnesotaMary]

...
These guys probably had no durn idea nor foresight into the repercussions of having committed this crime interstate in Florida.... FBI and fed with their resources are automatically involved and the sunshine state laws apply.

Add to that that others in a conspiracy may not know what is going on because

... one is in a 6 month lock up with the feds so they don't have to have a preliminary anytime soon...

and the other is fighting extradition ..

so all this delays the defense attorneys getting information to do strategy for the client ....

The defense attorney in Missouri is not going to have the same kind of focus on strategy as the defense attorney in Florida eventually

and... the Freedom of Information Act and disclosure of what is going on in the case does not have to be revealed.. YET

Therefore possible conspiracy charge has much more time to work with an addition to the other person cannot find out what is going on to try to protect themselves...

Here's what I do not understand from your post:
1. Why in the world would 'FBI' & 'feds' automatically be involved because this is Fla. vs. any other state? That makes zero sense. (I can't imagine that any state can make rules 'bossing the feds' around.) Explain, please !!

2. In this state, MN, the defense attorney/s NEVER get appointed UNTIL the defendant is in the state and has his/her 1st appearance: At that appearance b4 the judge, judge appoints the defense attorney/s (a team of 2 with a murder case). It seems like it would cost a fortune, and be a total waste of Fla. resources for defendants to be appointed attorneys PRIOR TO them being physically in Fla. and appearing before a Fla. judge. Explain please.

3. In all states, the Freedom of Info' Act would not be 'in play' --- how is that 'different' in Fla. from other states, please?? (What I am GUESSING is, if you are correct that Fla. is somehow 'different' and unique from all other states, that Fla. has enacted some sort of law that protects defendants better ((by sealing info' better & longer for them)), but that would make zero sense since Fla. has this 'Sunshine Law' that is all about making as much info' as possible open & available to the public from the very outset.. Explain please.

<modsnip>


You make me think of a few more questions:
A. What about the nice $10K van that JR bought with his payment for murder - - does JR get to keep that van?? Seems very, very wrong if no judge takes that van away and, because JR is presumed innocent 'til found guilty, then it would make sense to me that the judge would order that van be held somewhere until the case is resolved. It just burns me up if that JR can <modsnip> a young mom to death & keep his payment for the murder !!!

<modsnip>

C. Any word on Mark's MO condo' ?? Is he present owner? Is it correct that the place is furnished & vacant except for when Mark physically would drive out there?? (NO WAY can anyone fly in the USA under an 'assumed name' or anything like that, correct??)

D. So, when should Wright be arriving, and do you think he'll quietly be brought on some airplane, or would law enforcement drive him back here? You Fla. people: Will we get to see 'The Perp' Walk' with Wright (a few times, I hope!!!) once he's back in your Sunshine State !!??

E. Back to Sunshine Law, I've never 'studied' that law: Am I correct in thinking that Fla. deems the public's right to open info' to be greater than concern for a defendant's right to have a fair trial? (I sure do AGREE 100 PERCENT that all the secrecy of the Jodi trial was SO totally wrong !!!).

F. Sunshine Law: Did something 'big' happen in Fla., a scandal perhaps, that propelled Fla. legislators to create that special law (Sunshine Law seems to me to be A Very Big Deal)???


TYIA !!!

 

[NSS]

Floridas Sunshine laws apply to most public offices. It is not really to show just documents in a case. It is designed to be as transparent as possible with taxpayer $$$'s, it shows us what the officials (SA,LE, court system etc) are doing to earn their wages. It has also opened the judiciary to being more open to public disclosure than most States.

Some things can remain sealed to protect witnesses until trial or to protect an ongoing investigation, but in a nutshell more things are made public much sooner in a case. A sleuthers delight.

 

[creepingskills]

Absolutely but it could be up to six months before he's finished serving his current sentence and sent to FL. We shouldn't have to wait much longer for CWW, though. JMO. MOO

If CWW and JR are charged together (conspiracy), then I would expect CWW's arrival in FL triggers the doc release for both defendants. Also, I highly doubt JR will remain in MO for 6 months serving out his federal sentence. IMO, the feds are probably working on transferring him to a federal prison in FL so its easier to produce him in court to face the murder chargers. That's the great thing about federal custody, they can move you anywhere, anytime.

 

[creepingskills]

Here's what I do not understand from your post:
1. Why in the world would 'FBI' & 'feds' automatically be involved because this is Fla. vs. any other state? That makes zero sense. (I can't imagine that any state can make rules 'bossing the feds' around.) Explain, please !!

2. In this state, MN, the defense attorney/s NEVER get appointed UNTIL the defendant is in the state and has his/her 1st appearance: At that appearance b4 the judge, judge appoints the defense attorney/s (a team of 2 with a murder case). It seems like it would cost a fortune, and be a total waste of Fla. resources for defendants to be appointed attorneys PRIOR TO them being physically in Fla. and appearing before a Fla. judge. Explain please.

3. In all states, the Freedom of Info' Act would not be 'in play' --- how is that 'different' in Fla. from other states, please?? (What I am GUESSING is, if you are correct that Fla. is somehow 'different' and unique from all other states, that Fla. has enacted some sort of law that protects defendants better ((by sealing info' better & longer for them)), but that would make zero sense since Fla. has this 'Sunshine Law' that is all about making as much info' as possible open & available to the public from the very outset.. Explain please.

<modsnip>

-
You make me think of a few more questions:
A. What about the nice $10K van that JR bought with his payment for murder - - does JR get to keep that van?? Seems very, very wrong if no judge takes that van away and, because JR is presumed innocent 'til found guilty, then it would make sense to me that the judge would order that van be held somewhere until the case is resolved. It just burns me up if that JR can hammer a young mom to death & keep his payment for the murder !!!

<modsnip>

C. Any word on Mark's MO condo' ?? Is he present owner? Is it correct that the place is furnished & vacant except for when Mark physically would drive out there?? (NO WAY can anyone fly in the USA under an 'assumed name' or anything like that, correct??)

D. So, when should Wright be arriving, and do you think he'll quietly be brought on some airplane, or would law enforcement drive him back here? You Fla. people: Will we get to see 'The Perp' Walk' with Wright (a few times, I hope!!!) once he's back in your Sunshine State !!??

E. Back to Sunshine Law, I've never 'studied' that law: Am I correct in thinking that Fla. deems the public's right to open info' to be greater than concern for a defendant's right to have a fair trial? (I sure do AGREE 100 PERCENT that all the secrecy of the Jodi trial was SO totally wrong !!!).

F. Sunshine Law: Did something 'big' happen in Fla., a scandal perhaps, that propelled Fla. legislators to create that special law (Sunshine Law seems to me to be A Very Big Deal)???


TYIA !!!

Just thought I'd jump in with my 2 cents. I don't typically work in FL so I'm not so sure about Florida state court procedure, but I am currently assisting on a federal case out of FL so I'm privy to how FDLE and local FL LE works in connection with the feds.

1. The feds (whether its FBI, ATF, DEA) can assert jurisdiction in cases where interstate commerce is affected or used in connection with a crime. Here, something as simple as JR & CWW using the highway to get to FL to commit murder would count. IMO, I think we will see that the feds are involved working in connection with the state of FL. It is much easier for the feds to investigate outside of Lee county than it would be for any LSCO. In other words, LCSO needed the feds to jump in once the investigation was beyond the limits of LCSO. On the other hand, I wouldn't be surprised if the indictment will be presented by a US Attorney (feds) as opposed to a FL state prosecutor, if there is a conspiracy involving a separate crime (trafficking, fraud, extortion, RICO) within the jurisdiction of the US Attorney's office.

2. You are correct, we won't see an appointment of a defense attorney until the defendants are formally charged and appear in a Florida court. If a federal indictment is filed, the defendants would be appointed a defense attorney admitted to practice in federal court. FL state court has a list of defense attorneys it can appoint, as does the fed court.

 

[debbiegarcia36]

Just thought I'd jump in with my 2 cents. I don't typically work in FL so I'm not so sure about Florida state court procedure, but I am currently assisting on a federal case out of FL so I'm privy to how FDLE and local FL LE works in connection with the feds.

1. The feds (whether its FBI, ATF, DEA) can assert jurisdiction in cases where interstate commerce is affected or used in connection with a crime. Here, something as simple as JR & CWW using the highway to get to FL to commit murder would count. IMO, I think we will see that the feds are involved working in connection with the state of FL. It is much easier for the feds to investigate outside of Lee county than it would be for any LSCO. In other words, LCSO needed the feds to jump in once the investigation was beyond the limits of LCSO. On the other hand, I wouldn't be surprised if the indictment will be presented by a US Attorney (feds) as opposed to a FL state prosecutor, if there is a conspiracy involving a separate crime (trafficking, fraud, extortion, RICO) within the jurisdiction of the US Attorney's office.

2. You are correct, we won't see an appointment of a defense attorney until the defendants are formally charged and appear in a Florida court. If a federal indictment is filed, the defendants would be appointed a defense attorney admitted to practice in federal court. FL state court has a list of defense attorneys it can appoint, as does the fed court.

Awesome 2 cents. Well written. Thank you!

 

[ohreally]

Just thought I'd jump in with my 2 cents. I don't typically work in FL so I'm not so sure about Florida state court procedure, but I am currently assisting on a federal case out of FL so I'm privy to how FDLE and local FL LE works in connection with the feds.

1. The feds (whether its FBI, ATF, DEA) can assert jurisdiction in cases where interstate commerce is affected or used in connection with a crime. Here, something as simple as JR & CWW using the highway to get to FL to commit murder would count. IMO, I think we will see that the feds are involved working in connection with the state of FL. It is much easier for the feds to investigate outside of Lee county than it would be for any LSCO. In other words, LCSO needed the feds to jump in once the investigation was beyond the limits of LCSO. On the other hand, I wouldn't be surprised if the indictment will be presented by a US Attorney (feds) as opposed to a FL state prosecutor, if there is a conspiracy involving a separate crime (trafficking, fraud, extortion, RICO) within the jurisdiction of the US Attorney's office.

2. You are correct, we won't see an appointment of a defense attorney until the defendants are formally charged and appear in a Florida court. If a federal indictment is filed, the defendants would be appointed a defense attorney admitted to practice in federal court. FL state court has a list of defense attorneys it can appoint, as does the fed court.

Am I correct in thinking that if this becomes a federal case the Florida Sunshine laws will not apply? Leaving US with little documentation.

 

[creepingskills]

Am I correct in thinking that if this becomes a federal case the Florida Sunshine laws will not apply? Leaving US with little documentation.

From my limited understanding, I'd say that yes, there are exemptions for federal agencies and their work-product but only for specific (usually sensitive) information designated 'non-public'.

Federal agencies, i.e., agencies created under federal law, operating within the state do not come within the purview of the state Sunshine Law. Op. Att'y Gen. Fla. 71-191 (1971).

TO WHAT EXTENT DOES FEDERAL LAW PREEMPT STATE LAW REGARDING PUBLIC INSPECTION OF RECORDS?
The general rule is that records which would otherwise be public under state law are unavailable for public inspection only when there is an absolute conflict between federal and state law relating to confidentiality of records. If a federal statute requires particular records to be closed and the state is clearly subject to the provisions of such statute, then pursuant to the Supremacy Clause of the United States Constitution, Article VI, section 2, United States Constitution, the state must keep the records confidential. State ex rel. *advertiser censored* v. Pace, 159 So. 679 (Fla. 1935); Ops. Att'y Gen. Fla. 90-102 (1990), 85-3 (1985), 81-101 (1981), 80-31 (1980), 74-372 (1974), and 73-278 (1973). And see, Florida Department of Education v. NYT Management Services, Inc., 895 So. 2d 1151 (Fla. 1st DCA 2005) (federal law prohibits public disclosure of social security numbers in state teacher certification database).
https://www.floridabar.org/DIVCOM/P...OpenDocument#F. TO WHAT EXTENT DOES FEDERAL L

"Federal records that the federal government has designated as non-public, but which were provided by the federal government to a state agency, are not public, according to a 1998 court decision. The reasoning here was that it would have a chilling effect on the sharing of information between the state and the federal government if such documents were held to be public under Florida's law"

But note:
"Remind your state and local officers that working with Feds may not change the rules. What might not be public if done by federal officer or agent could be public when done by state or local officer or agent even if part of a joint federal/state/local effort."
http://www.aele.org/ramage2003.html

To sum up all this legal language, simply put, we will have access to docs in the possession of (and in some cases, shared with) FDLE/LCSO. We won't have access to internal federal agency reports without heavy redaction, or anything under seal.

 

[msboo]

I just received this link early this morn, was posted on WINK News dated yesterday, 9/14/15, but don't know what time.... "Suspect in Sievers murder linked to 1996 disappearance case"

http://www.winknews.com/2015/09/14/suspect-in-sievers-murder-linked-to-1996-disappearance-case/

I hope CWW being suspect in this 1996 disappearance does NOT prevent OR slow down his extradition to FL----those privy to such PLEASE COMMENT

Mods, PLEASE delete if this was previously posted---I did a quick check but could have missed it.

 

[SeesSeas]

http://www.news-press.com/story/new...a-sievers-death-has-hearing-tuesday/72270640/
Wright will appear in a Missouri courtroom for his extradition hearing Sept. 30.
Curtis Wayne Wright Jr. sat in chains inside a rural Missouri courtroom before his bond hearing Wednesday. In the five-minute hearing, Wright challenged his extradition and asked to withdraw the motion for bond.
But the governor of Missouri has ordered that Wright return to Florida and stand trial. That means Wright could return sooner. When?

 

[ohreally]

http://www.winknews.com/2015/09/15/hearing-set-for-missouri-man-accused-in-sievers-murder/
From the above link: During a five-minute court hearing Tuesday in Jefferson County, south of St. Louis, an attorney for Curtis Wayne Wright Jr. withdrew a request for a judge to set bond,
Why would CCW decide to drop his request for bond? Does he feel safer in jail?

 

[FelicityLemon]

msboo, thanks for posting this in the time line. Sometimes we have redundant posts as we are not sure as to which thread they belong in, or have missed it in other threads. Not finding any time on the link but it was in the afternoon.

IMO, CWW is likely to face Florida charges first as his extradition hearing is scheduled on Sept. 25th. Sheriff Scott said he expects his return to Florida "sooner rather than later."

Ooh, you just triggered a thought: I have no clue about laws and jurisdiction skirmishes, but IF for some crazy reason, he was allowed to bond out, would he then be subject to immediate arrest or extradition to FL? I know he's already been arrested for the murder, but I'm confused. Big surprise, lol.

Or, maybe he no longer has a home to come home to? Curious to know what girlfriends, fiances and wives would feel about this case specifically. They're in a position to really know the accused's character or lack thereof, prior bad acts, current criminal activity... possibly the plural in Sheriff Scott's speech about possible future arrests or discovered involvements.

 

[Riversinthedesert]

Ooh, you just triggered a thought: I have no clue about laws and jurisdiction skirmishes, but IF for some crazy reason, he was allowed to bond out, would he then be subject to immediate arrest or extradition to FL? I know he's already been arrested for the murder, but I'm confused. Big surprise, lol.

Or, maybe he no longer has a home to come home to? Curious to know what girlfriends, fiances and wives would feel about this case specifically. They're in a position to really know the accused's character or lack thereof, prior bad acts, current criminal activity... possibly the plural in Sheriff Scott's speech about possible future arrests or discovered involvements.

FelicityLemon, since CWW dropped his request for bond, there is zero chance of him getting out.

 

[FelicityLemon]

FelicityLemon, since CWW dropped his request for bond, there is zero chance of him getting out.

Oh, I know, lol. I was thinking that maybe that's why he dropped it - so as not to go immediately to FL since he's fighting extradition. In other words, if he requested and was granted bond, he might be out of the frying pan into the fire if he were picked up immediately. Erg, not explaining clearly, word soup today. It must be that I'm late for a nap!

fftobed: soon.

 

[Riversinthedesert]

Oops I meant to quote you, not me. Guess I need a nap....

FelicityLemon, since CWW dropped his request for bond, there is zero chance of him getting out.

Gotcha...he is definitely going from the frying pan to the fire once he is extradited!

 

[creepingskills]

Ooh, you just triggered a thought: I have no clue about laws and jurisdiction skirmishes, but IF for some crazy reason, he was allowed to bond out, would he then be subject to immediate arrest or extradition to FL? I know he's already been arrested for the murder, but I'm confused. Big surprise, lol.

Or, maybe he no longer has a home to come home to? Curious to know what girlfriends, fiances and wives would feel about this case specifically. They're in a position to really know the accused's character or lack thereof, prior bad acts, current criminal activity... possibly the plural in Sheriff Scott's speech about possible future arrests or discovered involvements.

Bonding out wouldn't affect (personal) jurisdiction of either state court; FL or MO. FL wouldn't get to pick up CWW and remove him to FL if he was released on bond in MO. I think once the Governor signed the order, CWW's lawyer told him there was no sense on fighting for a bond, because now, he's even more of a flight risk because of the extradition order. JMO.

 

[SeesSeas]

Bonding out wouldn't affect (personal) jurisdiction of either state court; FL or MO. FL wouldn't get to pick up CWW and remove him to FL if he was released on bond in MO. I think once the Governor signed the order, CWW's lawyer told him there was no sense on fighting for a bond, because now, he's even more of a flight risk because of the extradition order. JMO.

9/15/2015 - Suspect in Dr. Teresa Sievers' death appears in court
http://www.news-press.com/story/new...resa-sievers-death-appears-in-court/72270640/

Wright's attorney, Daris Almond, said waiving the bond was procedural because the seriousness of Wright's charge means he's not entitled to bond in Missouri.