2015.10.15 CWW Booked into Lee County Jail

[Bobbywoo]

Something I don't understand about CWW's lawyer saying he has proof his client was in MO and not FL at the time of the crime: if that proof existed, why was he arrested? I thought there had to be evidence of some sort before LE was allowed to arrest someone? The first thing my lawyer would do would be to show proof I wasn't there, it wasn't me and then they'd have to let me go? I assume detectives check out alibis before arresting someone?

LE wants to arrest the right person, right? Nobody wants egg on their face or the headaches that come with arresting someone just for the sake of an arrest.

To me, if CWW's lawyer had PROOF his client couldn't have done it because he wasn't there, CWW wouldn't be in jail. Is that naive to think that?

IMO sometimes LE makes the arrests and has the attorneys sort it out later. But this case and murder cases in general you would think they have all their ducks in a row before making an arrest. I hope they have more than the Walmart tape to go on because I have yet to see one that has a sharp, clear picture. Now I'm getring nervous. ..

 

[Deluy]

The Sheriff has boasted for months that LE had mountains of evidence in this case and yet he has been forced to request an extension in the amount of time he has to bring charges against CWW. I certainly hope LE isn't finding their mountain of evidence is turning out to be a mole hill. At this point, it seems that if CWW doesn't talk there may be no further arrests.

 

[Webjunkie]

I feel they just don't have enough hard evidence. They've probably been waiting for someone/anyone to talk, and that hasn't happened. I think the most efficient way to learn the truth would be to set all 3 of them in a room together and just see what happened.

 

[Mountaingazer]

SMS has given us the impression that there's a ton of evidence against
CWW, and yet the the State Attorney’s Office can't even file formal murder charges in the allotted 30 day time frame and is seeking an extension to charge. I'm confused, what don't they have? Was he on video or not? :gaah:

My guess is that it has more to do with the continuing investigation and that information that would be revealed in the charging documents might jeopardize that investigation in some way. My guess is it might show some of their cards to people in that envelope of suspicion. I do think charges will be coming soon and the next week or two will be full of new information.

 

[observation]

Maybe the prosecutors are strategically delaying CWW's discovery of evidence about him. Since we do not know what is contained in the documents, it's a possibility. And he has not been in FL very long even though it feels like he has since August. Make them wait.


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[NSS]

They had enough evidence for extradition. His last lawyer was fighting extradition because 'he wasn't in Florida'. CWW didn't show it then, and won't show it now - because it probably doesn't exist.

Not worried at all.

 

[SeesSeas]

Maybe the prosecutors are strategically delaying CWW's discovery of evidence about him. Since we do not know what is contained in the documents, it's a possibility. And he has not been in FL very long even though it feels like he has since August. Make them wait.

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

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

CWW has been in Florida long enough to benefit from state legal deadlines.
Nobody can be jailed in Florida for an indefinite period of time without being formally charged with a crime by the state.

 

[Eileen730]

It is not a statute but a Rule of Criminal Procedure. Florida Rule of Crim. Proc. 3.134 defines the time for filing formal charges and states clearly that in no event shall a defendant be held longer than 40 days unless formal charges have been filed.

 

[observation]

Thanks for the links.....hope he does not slip away like he did in July after being held for only 12 hours. I guess we just have to wait it out.


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[Bobbywoo]

I feel they just don't have enough hard evidence. They've probably been waiting for someone/anyone to talk, and that hasn't happened. I think the most efficient way to learn the truth would be to set all 3 of them in a room together and just see what happened.

Ha! That would cut right to the chase! If only! I would buy tickets to that one!

 

[Bobbywoo]

It is not a statute but a Rule of Criminal Procedure. Florida Rule of Crim. Proc. 3.134 defines the time for filing formal charges and states clearly that in no event shall a defendant be held longer than 40 days unless formal charges have been filed.

I never knew this. 40 days is a long time if you are innocent (not using CWW as an example, just in general). I'm a bit surprised at this.

 

[Eileen730]

Getting Arrested in Florida: What to expect within the first forty days

http://www.avvo.com/legal-guides/ug...a--what-to-expect-within-the-first-forty-days

A person in jail must be charged by Indictment or Information within 21 days of their arrest and if they are not and they are in custody, then a person is entitled to an Adversarial Probable Cause Hearing. This hearing is not optional if you demand it, even if the government files on day 22 the required documentation

 

[Eileen730]

Your attorney, however, should be aware that you are still in jail and not charged. Ideally, your attorney should file a motion to have you released and this motion should be filed on the thirtieth day if you have not been formally charged with a crime. The court will hold a hearing on the 33rd day and determine whether or not a charging document is in the court file.

 

[Eileen730]

So my question is why has he not been formally charged?

 

[observation]

So my question is why has he not been formally charged?

I really hope there will be some answers on Monday. But that's the 1,000,000$ question.


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[noel leon]

Grand jury must not be done.......

 

[Bobbywoo]

The significance of the timing of TS's family's interview and CWW's formal charging, or lack of? I wonder if they got the ok from SMS to do the interview or if they simply decided it was time to talk and get the case moving?

 

[fancyfree]

The significance of the timing of TS's family's interview and CWW's formal charging, or lack of? I wonder if they got the ok from SMS to do the interview or if they simply decided it was time to talk and get the case moving?

I think TS' family did the interview with the objective of lighting a fire under Florida LE to get the legal process moving. I think her family wants justice for her murderers and is beginning to ask "What is taking so long?" They are tired for waiting for answers and I don't blame them!

 

[Eileen730]

Lets just ask this question?

What If CWW was not there?

I'm not so sure they have him on CCvideo from Walmart or anywhere else.

Did MS pay JR? Not CWW.

I cant see Cww saying he was not there while LE says he was. (unless he WAS NOT THERE)
how can u dispute video evidence? Unless there is no evidence.

 

[Eileen730]

I think TS' family did the interview with the objective of lighting a fire under Florida LE to get the legal process moving. I think her family wants justice for her murderers and is beginning to ask "What is taking so long?" They are tired for waiting for answers and I don't blame them!

Maybe lack of evidence?