GUILTY AZ - Leah Costa, 15, Buckeye, 24 December 2014

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http://www.azcentral.com/story/news...suspect-showed-signs-mental-illness/21106741/

The 17-year-old West Valley boy police accused of murdering his 15-year-old girlfriend in the desert near Tonopah displayed indications that he is mentally disturbed and told detectives he thought about harming himself after the incident, according to court documents.

Robert Edward Duffell is being held on a $1 million dollar bond on suspicion of first-degree murder, aggravated assault with a deadly weapon and burglary, records show.

His next court date is Jan. 7.
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CluelessWonder said:
To wit, I am far from a legal scholar. But here is a citation. It does not mention what constitutes a parent. But a 1999 proposed federal bill would have included stepparents. Note also the last part of this, which mentions that case law has been established in New York. I gather that lawyers in most states have attempted to get this parent-child privilege through case law. So just the mere chance that you could argue for parent-child privilege might lead an attorney to recommend that two people tie the knot. Of course, it could be mere coincidence. And I've already said too much.

The Parent-Child Privilege. Only Idaho, Massachusetts, and Minnesota recognize a parent-child privilege. All other states but one in which the issue has arisen have uniformly rejected the contention that compelling a parent or child to testify against the other destroys the trust in such a relationship and encourages defiance of such efforts. It is generally said that legislative judgments should determine issues to judicially compel disclosure.

The single exception is New York where, despite the absence of a controlling statute, case law has recognized the right of a parent to refuse to reveal a communication conveyed in confidence by a child, either by reason of privilege ( People v. Fitzgerald, 101 Misc.2d 712, 422 N.Y.S.2d 309 (1979)) or because of constitutional considerations of familial privacy ( Matter of A&M, 61 A.D.2d 426, 403 N.Y.S.2d 375 (4th Dep’t 1978).
http://www.americanbar.org/newslett...azine_home/gp_solo_magazine_index/birzon.html
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I guess I am not understanding why a couple getting married has to do with anything. His parent is already his parent. The marriage if this took place would bring a step parent into it. I am not understanding why a marriage helps this parental child privilege? The parent is their parent, not the step parent. How does getting married help the situation? What am I missing?

It is wards or legal guardians. It wouldn't be step parents from anything I can see. Does not matter bc AZ is not included and he confessed. He's being charged as an adult. They must have a lot on him.
 
hockeymom4 said:
I guess I am not understanding why a couple getting married has to do with anything. His parent is already his parent. The marriage if this took place would bring a step parent into it. I am not understanding why a marriage helps this parental child privilege? The parent is their parent, not the step parent. How does getting married help the situation? What am I missing?

It is wards or legal guardians. It wouldn't be step parents from anything I can see. Does not matter bc AZ is not included and he confessed. He's being charged as an adult. They must have a lot on him.
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If the attorney tried to claim a parent-child privilege, it would apply to the stepparent, too. I'm not saying this is the case. I am just wondering. Do you have any idea why someone would get married unexpectedly on the same day a son is being charged with first-degree murder? It seems like a bad day to do it.
 
CluelessWonder said:
If the attorney tried to claim a parent-child privilege, it would apply to the stepparent, too. I'm not saying this is the case. I am just wondering. Do you have any idea why someone would get married unexpectedly on the same day a son is being charged with first-degree murder? It seems like a bad day to do it.
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Can you provide a link that says it would apply to stepparent? Everything I have read, states legal guardian or custodian. The person has to have legal rights over the child. Step parents do not have rights, just because they are married. Not to mention this doesn't apply in AZ, so this doesn't apply in this case.

Reasons why one would marry the same day, no relationship with child, no idea the child is in trouble or getting arrested... You have to get a marriage license in order to marry. I find it incredibly unlikely that a person murders someone, tells the parent, and the first thought is to run out grab a marriage license and marry. Keeping in mind, their state doesn't even have the parent child privilege law. I don't even think people would be thinking of this in this time frame. It is unknown if the step parent even knows anything. Plus the child has confessed....not much to hide!
 
hockeymom4 said:
Can you provide a link that says it would apply to stepparent? Everything I have read, states legal guardian or custodian. The person has to have legal rights over the child. Step parents do not have rights, just because they are married. Not to mention this doesn't apply in AZ, so this doesn't apply in this case.

Reasons why one would marry the same day, no relationship with child, no idea the child is in trouble or getting arrested... You have to get a marriage license in order to marry. I find it incredibly unlikely that a person murders someone, tells the parent, and the first thought is to run out grab a marriage license and marry. Keeping in mind, their state doesn't even have the parent child privilege law. I don't even think people would be thinking of this in this time frame. It is unknown if the step parent even knows anything. Plus the child has confessed....not much to hide!
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Rights over a child has nothing to do with the legal definition of what would qualify as a parent for purposes of parent-child privilege. All laws that have been enacted or proposed seem to define in specific who is considered a parent for the purposes of the law. Below is what it says for the law in Massachusetts.

For the purpose of this clause the term, “parent”, shall mean the biological or adoptive parent, stepparent, foster parent, or legal guardian of a child.

https://malegislature.gov/Bills/188/House/H1277

Keep in mind that we are talking about hypotheticals. The scenario you propose is not one that I have suggested. I never said that the kid told his parent anything. Nor did I say that they decided on their own to get married. What I meant is that an attorney may have recommended the marriage in case he decides to pursue a parent-child privilege claim. While it might not be current law in Arizona, it certainly can become law by way of a courtroom challenge. It's certainly something the attorney might want to have in his bag. It matters not that the kid confessed. An attorney would still hope to avoid the possibility that mom's boyfriend would be compelled to testify.

Again, this is all hypothetical. And everyone is free to believe what they'd like. I find it incredibly unlikely that a mother whose son has just been charged with murdering his girlfriend would coincidentally go to the courthouse for a marriage license hours after the body is found. There has to be a reason that she did it. She certainly knew what was going on with her son.
 
newone said:
Your link also indicates:

The accused has runaway from home five times. Sounds like he's been unhappy for some time. Hopefully Maricopa will be happy to provide a psych evaluation for him.
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It also stated the following, "Officers with the Arizona Department of Public Safety found Duffell walking along Interstate 10 near milepost 78 at about 7:30 a.m. on Saturday, according to Buckeye police. Authorities said he had torn clothing, was dehydrated and disoriented." And "indications that he is mentally disturbed." Just from what I read he sounds as though he does have some problems and a psych eval will be done. I wish he would have got the help he clearly needed before, so Leah could be with all of us. Hopefully he will get the eval and get the help he needs, if in fact he is "mentally disturbed" as they believe. But, still be behind bars.
 
OkieGranny said:
http://www.azcentral.com/story/news...suspect-showed-signs-mental-illness/21106741/
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Your quote mentions the charges have been elevated from 2D to 1D murder.

IIRC, although he's being charged as an adult, isn't it true that the max he can face is LWOP? IOW, there's no way this could be a capital case, right (because he was under the age of 18 at the time the crime was committed)?

:thinking:

(And :tyou; OkieGranny for keeping us posted, as you always do! :loveyou: )


Sent from my iPhone using Tapatalk
 
:Crown:Okie Granny Rocks!!!!
 
CluelessWonder said:
Rights over a child has nothing to do with the legal definition of what would qualify as a parent for purposes of parent-child privilege. All laws that have been enacted or proposed seem to define in specific who is considered a parent for the purposes of the law. Below is what it says for the law in Massachusetts.

For the purpose of this clause the term, “parent”, shall mean the biological or adoptive parent, stepparent, foster parent, or legal guardian of a child.

https://malegislature.gov/Bills/188/House/H1277

Keep in mind that we are talking about hypotheticals. The scenario you propose is not one that I have suggested. I never said that the kid told his parent anything. Nor did I say that they decided on their own to get married. What I meant is that an attorney may have recommended the marriage in case he decides to pursue a parent-child privilege claim. While it might not be current law in Arizona, it certainly can become law by way of a courtroom challenge. It's certainly something the attorney might want to have in his bag. It matters not that the kid confessed. An attorney would still hope to avoid the possibility that mom's boyfriend would be compelled to testify.

Again, this is all hypothetical. And everyone is free to believe what they'd like. I find it incredibly unlikely that a mother whose son has just been charged with murdering his girlfriend would coincidentally go to the courthouse for a marriage license hours after the body is found. There has to be a reason that she did it. She certainly knew what was going on with her son.
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bbm & U: very interesting.....am curious if this inside knowledge or if appears in main stream media?
 
bumping for leah............
 
http://www.azfamily.com/news/Court-...t-slain-Buckeye-teen-boyfriend-287691411.html

Newly released documents reveal more information about the death of a Buckeye teen whose body was found in the desert west of the Valley...

It's believed the teens broke into a home in Tonopah on Dec. 26, stole three handguns and shot at the homeowner, according to court documents. Investigators believe Duffell shot and killed Leah later that day...

Detectives questioned Duffell and said that he admitted to shooting Leah after an argument over the burglary.
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http://www.courtminutes.maricopa.gov/docs/Criminal/012015/m6641486.pdf

ocket Code 023 Form R000A Page 1
CLERK OF THE COURT
COMMISSIONER JACKI IRELAND
A. Callahan
Deputy
STATE OF ARIZONA
AMY KATHLEEN DIEDERICH
v.
ROBERT EDWARD DUFFELL (001)
ELEANOR R KNOWLES
MINUTE ENTRY
The State having filed a Motion to Affirm the Preliminary Hearing in the above-entitled cause number;
IT IS ORDERED affirming the Witness Preliminary Hearing currently set for 01/09/2015 at 8:30 a.m. in this division.
 
I don't understand how/why he is released to his family. MOO
 
CluelessWonder said:
To wit, I am far from a legal scholar. But here is a citation. It does not mention what constitutes a parent. But a 1999 proposed federal bill would have included stepparents. Note also the last part of this, which mentions that case law has been established in New York. I gather that lawyers in most states have attempted to get this parent-child privilege through case law. So just the mere chance that you could argue for parent-child privilege might lead an attorney to recommend that two people tie the knot. Of course, it could be mere coincidence. And I've already said too much.

The Parent-Child Privilege. Only Idaho, Massachusetts, and Minnesota recognize a parent-child privilege. All other states but one in which the issue has arisen have uniformly rejected the contention that compelling a parent or child to testify against the other destroys the trust in such a relationship and encourages defiance of such efforts. It is generally said that legislative judgments should determine issues to judicially compel disclosure.

The single exception is New York where, despite the absence of a controlling statute, case law has recognized the right of a parent to refuse to reveal a communication conveyed in confidence by a child, either by reason of privilege ( People v. Fitzgerald, 101 Misc.2d 712, 422 N.Y.S.2d 309 (1979)) or because of constitutional considerations of familial privacy ( Matter of A&M, 61 A.D.2d 426, 403 N.Y.S.2d 375 (4th Dep’t 1978).

http://www.americanbar.org/newslett...azine_home/gp_solo_magazine_index/birzon.html
Click to expand...
Thanks for the info! I knew nothing about this. I guess we would have to check when the invitations were sent out or if it was a spur of the moment ceremony.
 
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