Charge & Hearing - EJ & TPS - Conspiracy to Commit Custodial Interference

Discussion in 'Gabriel Johnson' started by BeanE, Apr 27, 2010.

  1. BeanE

    BeanE Inactive

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    We have a thread for Elizabeth's charges and hearings, and a thread for Tammi's charges & hearing, but we don't have a thread for the charge they are both a party to, Conspiracy to Commit Custodial Interference. So I'm starting this one for it.

    In prep for the upcoming hearings and trial for this charge, I thought we could bring in the info from both of their charging documents (in the Important Links thread) that shows them engaging together in this crime.

    I'd imagine the prosecutor also has additional evidence for this charge that he/she will bring up at trial, so if you know of, or come across, actions they engaged in together that look like evidence of conspiracy to commit custodial interference, let's bring them in too so we can take a look at them and get familiar with them prior to the hearings and trial.

    We should probably also bring in the AZ statute that covers this charge too.

    Thanks,
    BeanE
     
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  3. BeanE

    BeanE Inactive

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  4. BeanE

    BeanE Inactive

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  5. BeanE

    BeanE Inactive

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    Elizabeth Johnson's lawyers waived her right to appear in court for a status conference.

    snip

    Also appearing in court this morning in front of the same judge was Tammi Smith. She had hoped to adopt Gabriel before he disappeared.

    Smith has been charged with forgery and conspiracy to commit custodial interference. She's not charged in the baby's disappearance.

    Amy Nguyen, Smith's attorney, asked the judge for more time to go over evidence in the case.

    "I think I lost count; it's boxes. A lot of it is disclosed on CDs so it's numerous documents, and I think we are in excess of 50 CDs at this point," Nguyen said in reference to the amount of evidence.

    http://www.kpho.com/news/23280642/detail.html
     
  6. kissdegirl

    kissdegirl New Member

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    I have not followed a case before, but that sounds like a lot of evidence. I wonder if it is a lot, or average, or what?! I would really like to know what's in those boxes! Seems like a lot more than a few snippets of messages :)
     
  7. BeanE

    BeanE Inactive

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    Caylee's case has more than 14,000 pages in documents last time I saw a count and more has been released since then. There are a metric ton of CDs of audio and video. The CD count doesn't include the documents - that's usually given in number of pages.

    50 CDs doesn't tell me anything. That could be 50 1-page documents. And some could be duplicates. I need the page count of documents not including duplicates, and the number of audio and video files. That would tell me something.

    Even then, going back to Caylee's case, the number of pages won't tell you everything. It depends on pages of what exactly. There were pages and pages and pages of graphs that are completely unreadable in that case.
     
  8. BeanE

    BeanE Inactive

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    Court Date For 2 Key Figures In Missing Baby Case

    Attorneys for a Valley mother accused in the disappareance of her infant son were in court in Phoenix. on Tuesday.

    Video: http://www.kpho.com/video/index.html
     
  9. BeanE

    BeanE Inactive

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    Update to Court Case:

    4/29/2010 028 - ME: Status Conference Set - Party (002) 4/29/2010
    4/29/2010 120 - ME: Hrg/Motion/Rule 11 Exam - Party (001) 4/29/2010


    4/27/2010 8:30 Complex / Capital Case
    6/7/2010 8:30 Status Conference
     
  10. BeanE

    BeanE Inactive

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    TAMMI PETERS SMITH (002)

    Defense counsel orally moves for a Motion for Extension of Time to Remand.

    IT IS ORDERED granting the motion until June 7, 2010.

    IT IS ORDERED setting a Status Conference on June 7, 2010 at 8:30 a.m. in this division.

    http://www.courtminutes.maricopa.gov/docs/Criminal/042010/m4200821.pdf


    ELIZABETH JOANNE JOHNSON (001)

    IT IS ORDERED transferring this case to the Rule 11 Commissioner's Court for all further proceedings relating to Defendant's competency.

    All time pursuant to Rule 8.4, Rules of Criminal Procedure, shall be excluded by the Judge/Judge Pro Tem at the time the Defendant's competency is determined.

    IT IS ORDERED setting a Status Conference on June 7, 2010 at 8:30 a.m. in this
    division.

    http://www.courtminutes.maricopa.gov/docs/Criminal/042010/m4200694.pdf
     
  11. kissdegirl

    kissdegirl New Member

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  12. jessicat

    jessicat New Member

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    According to that link you posted EJ will not be present and also it appears TPS court date is a pretrial conference. I so want these cases to be heard so maybe it will lead to baby Gabriel. I hope EJ has been found "restored".
     
  13. BeanE

    BeanE Inactive

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    So they're going to be tried separately for the conspiracy?
     
  14. kissdegirl

    kissdegirl New Member

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    I was under the impression their cases were tied together, so they were to be in court together? Maybe we should get some clarification from AZLawyer on this. I thought the reason TPS' trial was pushed back was because EJ's was. ?
     
  15. BeanE

    BeanE Inactive

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    That's what I thought - that Tammi was delayed because of EJ. Let's see if AZlawyer can figure it out. :)
     
  16. kissdegirl

    kissdegirl New Member

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    I can't wait to hear the results tomorrow. These 2 need to get in court together...that's a must see IMO!

    If you enter their names here, and scroll to the very bottom, you will see the Rule 11 Hearing is listed on both their cases for tomorrow, and on the 16th, they are both scheduled for a "Status Conference"

    http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseSearch.asp
     
  17. artsy1

    artsy1 New Member

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    Maybe AZlawyer can correct me on this, but isn't "Motion to Extend Time to File Rule 12 9 Motion to Remand" filed by TPS's attorney on June 3 a challenge to the charges filed against her? If so, since that doesn't involve EJ, I would think that TPS would have her own status conference appearance regarding the motion. JMHO - of course, the heat could be getting to me, and I may be totally wrong.
     
  18. artsy1

    artsy1 New Member

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    Ok, I think I was right.

    snip
    The Court has received Defendant’s Motion to Extend Time in which to file Rule 12.9
    Motion to Remand.
    IT IS ORDERED granting the motion and extending the time until August 16, 2010.
    IT IS ORDERED setting a Status Conference on August 16, 2010 at 8:30 a.m. in this
    division.

    http://www.courtminutes.maricopa.gov/docs/Criminal/062010/m4255709.pdf


    ETA: According to court minutes, it looks like the actual trial is set for November 15, 2010.
     
  19. tmiles

    tmiles New Member

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    I thought tomorrow's hearing was to review EJ's competency. However, I Googled Rule 11 hearing and it says a Rule 11 hearing is called when a person intends to change their plea? So, I'm confused about what will actually happen tomorrow.
     
  20. BeanE

    BeanE Inactive

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  21. BeanE

    BeanE Inactive

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    Rule 12.9. Challenge to grand jury proceedings

    a. Grounds. The grand jury proceedings may be challenged only by motion for a new finding of probable cause alleging that the defendant was denied a substantial procedural right, or that an insufficient number of qualified grand jurors concurred in the finding of the indictment.


    b. Timeliness. A motion under Rule 12.9(a) may be filed only after an indictment is returned and no later than 25 days after the certified transcript and minutes of the grand jury proceedings have been filed or 25 days after the arraignment is held, whichever is later.

    http://www.arizonacrimelaws.com/12_9.htm
     

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