2015.10.15 CWW Booked into Lee County Jail

Discussion in 'Dr. Teresa Sievers' started by KateB, Oct 15, 2015.

  1. SeesSeas

    SeesSeas FLORIDIAN

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    https://www.floridabar.org/TFB/TFBR...51AD291A3F85256B29004BF892/$FILE/Criminal.pdf

    Alternatively -
    https://www.floridabar.org/tfb/TFBLegalRes.nsf/
    Select - Florida Rules of Criminal Procedure

    Florida Rules of Criminal Procedure


    Page 54

    RULE 3.134. TIME FOR FILING FORMAL CHARGES

    The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:

    (1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or

    (2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.

    In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.
     


  2. Dmacky

    Dmacky Well-Known Member

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  3. creepingskills

    creepingskills Verified Attorney

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    True. Maybe a little switcheroo - I use your card, you use mine.
     
  4. creepingskills

    creepingskills Verified Attorney

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    Anything is possible, but just my two cents: if the state attorney's office said that CWW "has not been charged by our office yet" I would take this to mean that the state prosecutor expects to be the office filing charges, not the feds. If the feds charged, the filer would be the US Attorney's office. I think the state attorney's office may be waiting to charge in order to buy some time before handing over discovery, JMO.
     
  5. irishchook

    irishchook Member

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    Yep. We all want new tidbits, however, I this it's not relevant.

    Sent from my SM-N900V using Tapatalk
     
  6. Riversinthedesert

    Riversinthedesert New Member

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  7. FelicityLemon

    FelicityLemon Well-Known Member

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    I wondered about that when I read it if that was bluff - just putting that out there and people (jury pool) will latch onto that not caring or bothering to learn that it's never been produced. Not saying it will or it won't - just that the other lawyer said no way was CWW in FL "during that time" when LE has him on video with JR at Walmart "during that time".

    But, depending on what the relationships are between CWW and his neighbors, would anyone swear to his being there because of fear? Even so, I can't see how someone would deliberately lie to LE about something that can be proved a lie by CWW appearance on date and time stamped video and potential testimony from JR.
     
  8. Bobbywoo

    Bobbywoo Well-Known Member

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    Sorry if this is a stupid question, but does the clock start running when he hits the Fl. jail or when he was taken into custody in MO? If MO is the answer, hasn't he exceeded the time limit to be formally charged?
     
  9. No it's not

    No it's not that simple

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    AS far as I understand and recall, FL had 30 days to extradite CWW. Until this extradition time, CWW was technically "held" in MO. MO could have extended the 30 days to 60 days, if necessary. Once that CWW hit the FL State line, the clock started ticking. So, the "arrest" in MO + 30 days for extradition, then FL + 30 days until formal charge.

    That's why the formal arraignment is scheduled for November 16th.

    -Nin
     
  10. No it's not

    No it's not that simple

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    Time.

    -Nin
     
  11. creepingskills

    creepingskills Verified Attorney

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    Thanks!

    According to Ross, Wright claimed he was in Missouri at the time of Teresa's murder, and is planning to use his neighbors to help his defense.

    "That's what he said to me, that he was home that whole time and that he talked to the neighbors," said Ross. "He told me [the neighbors] said they would all sign affidavits saying that he was there."

    :waitasec:
     
  12. No it's not

    No it's not that simple

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    Quoting from the AZLayer thread in order to comment on the public records request:

    'The state attorney's response makes sense. The Oct 20 notice of participation in discovery would normally trigger a response within 15 days. However, if the arraignment hasn't happened yet I don't see how the state's attorney could be forced to participate before then. The documents should be available via public records request (subject to "continuing investigation" and other exceptions) from the sheriff's office, though. But it sounds like the state's attorney will have an officially open case soon enough.'

    LVSO says - via phone call - all files are still sealed due to an ongoing investigation, everything but the probable cause document, which we are familiar with.

    -Nin
     
  13. Paulas88

    Paulas88 Well-Known Member

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    But, didn't Parker waive the November 16 arraignment, and put in a not guilty plea
    on behalf of CWW on the 20th?
     
  14. No it's not

    No it's not that simple

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    You mean Parker, Porter is the judge. Yes, she did. Since this is a felony, I believe there are 2 arraignments, one before the district court and the second before the circuit court. I think she waived the first one, while the second one is the one with the formal prosecutor's charge.

    Perhaps someone can confirm this.

    -Nin
     
  15. Paulas88

    Paulas88 Well-Known Member

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    Oh yeah, Parker, my bad.:facepalm:
     
  16. creepingskills

    creepingskills Verified Attorney

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    "On Tuesday, Parker filed a waiver of arraignment, meaning Wright likely won't appear in court for his scheduled arraignment on Nov. 16. Parker also filed a written plea of not guilty, which is typical in criminal cases."

    JMO, Parker's waiver pertained to CWW's presence in court on that date. Discovery would begin (at the earliest) after the Nov. 16 arraignment. AZLawyer just answered a question on the lawyer thread explaining the timing of discovery and charging docs if you're interested!
     
  17. Bobbywoo

    Bobbywoo Well-Known Member

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    Thanks NIN for your answer and keeping an eye out for the doc release :)
     
  18. MsArk

    MsArk Well-Known Member

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    And the pastor has known CWW only since his marriage to AW? That would have been appx 3 months prior to the arrest? Betcha there is LOTS pastor doesn't know about CWW.

    ETA- yes I know it seems many people in Hillsboro are "afraid" of CWW, I wonder if Pastor Ross knows? AW made the call, asking him to bring the Bible- not CWW. Now in all fairness, CWW may not have wanted to "waste" a call asking for the Bible but this potential defense doesn't hold much water IMO.
    Do we know how long CWW had been living in said trailer park?
     
  19. NSS

    NSS Well-Known Member

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    IMO - CWW was blowing smoke, he planned to use this argument to fight extradition too. There may be a pen shortage in the 'hood, since none of those letters ever appeared and CWW is now a guest of Fl LE. Shows us a little of how arrogant he is though, he presumed that his neighbours would do it just because he said they should/would.
     
  20. Blondie in Spokane

    Blondie in Spokane Well-Known Member

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    "Pen shortage in the 'hood"...... too funny NSS!

    Yes, It sounds like CWW is blowing smoke - those alibis, if they ever existed, certainly would have been documented & verified way before he was extradited.
     

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