GUILTY FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015

[Niner]

Tuesday, August 27th:
*Motions Hearing continues (re new trial) (@ 8:45am ET) – FL – Phoebe Jonchuck (5) (Jan. 18, 2015, St. Petersburg-thrown off 62’ bridge into Tampa Bay by her father) – *John Nicolas Jonchuck, Jr. (25/now 29) arrested & charged (1/18/15) with 1st degree murder, aggravated assault with a vehicle on LE officers & aggravated fleeing & eluding police. Plead not guilty by reason of insanity. Held without bond.
Jury trial started 3/25/19 & ended 4/16/19 when Jury finds Jonchuck GUILTY (not legally insane) of 1st degree murder. In Florida, 1st-degree is automatic LIFE in prison. The judge formally sentenced him to life.
Court information from 4/26/19 to 6/13/19 reference post #410 here:
GUILTY - FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015
8/26/19: The defense Motion: said prosecutors made claims during opening arguments without providing physical evidence to support those claims. Also said prosecutors committed misconduct by telling the jury about aspects of his relationship with Phoebe's mother, about Social Security payments Jonchuck received for Phoebe, and that Jonchuck committed the murder of Phoebe to punish the little girl's mother. Jury should not have been told about certain pieces of evidence, such as previous "bizarre" statements made by Jonchuck, or that Jonchuck defaulted on payments for his condo and spent money on drugs. The document also said an expert witness seemed to have changed his mind about Jonchuck's mental state between the time when the doctor was interviewed and when he testified. Finally, the defense said one of the case's controversial expert witnesses, Dr. Lazarou was dressed inappropriately during her evaluation of Jonchuck, but the court refused to let the jury decide whether that was true and if it may have played a role in his behavior. Defense attorney Manuele took so long that Judge Helinger chose to break up the hearing into two days. Defense lawyers will finish their arguments for a new trial on Tuesday, 8/27, and prosecutors will have the chance to argue against. Defense motion hearing re payment of service (re Dr. Wagoner) on 8/29.

 

[SeesSeas]

Judge to decide whether John Jonchuck gets new trial by October
Posted: Aug 27, 2019 / 05:59 PM EDT / Updated: Aug 27, 2019 / 07:24 PM EDT
PINELLAS COUNTY, Fla. (WFLA) – Pinellas County Judge Chris Helinger will issue a ruling on whether or not John Jonchuck should get a new trial by Oct. 1 of this year.
[...]

Will John Jonchuck get a new trial? We’ll know within a month | Tampa Bay Times
August 27, 2019
LARGO — The Florida Supreme Court put the John Jonchuck case, and specifically the judge who presided over the trial, in an bind.

Had the high court’s ruling to change the admissibility standard of expert testimony come by March, the monthlong trial could have commenced under the new rules. Had the Supreme Court’s decision come later, applying the standard to the evidence in the Jonchuck case would be an issue for the appellate court.

But because it came in May, after the verdict but before Jonchuck’s defense attorneys filed their appeal, Pinellas-Pasco Circuit Judge Chris Helinger is left to wrestle with it.
[...]
The Supreme Court ruling switches how judges evaluate evidence and testimony from expert witnesses. The trial occurred under Frye rules, which state that relevant expert testimony can go before a jury as long as it is not “new or novel.” Now the state goes by the Daubert standard, which requires a judge to determine that an expert’s testimony is scientifically reliable before the evidence can go before a jury.

Jonchuck’s lawyers made the rule change a central issue in their motion for a new trial. Public defender Jessica Manuele argued that the methods of the prosecutions’ expert witnesses — and therefore testimony they offered based on those methods — do not meet the Daubert standard.
[...]
Manuele concluded that the only way to “cure” the problems she raised, or address them fairly, is to retry the case under the new rules.

The prosecution then argued — more succinctly — against a new trial. Assistant State Attorney Doug Ellis said Daubert works great for things like tire track analysis. In other words, “hard science."

“It doesn’t apply well to soft science" like psychology, he said.

Ellis’ partner, prosecutor Paul Bolan, argued the evidence they presented to the jury was necessary to make their case that Jonchuck had more sinister motives for killing Phoebe than being insane.
[...]
Helinger said she will make a written ruling by Oct. 1.

 

[Niner]

Thursday, August 29th:
*Motions Hearing (re Payment of Services) (@ 10am ET) – FL – Phoebe Jonchuck (5) (Jan. 18, 2015, St. Petersburg-thrown off 62’ bridge into Tampa Bay by her father) – *John Nicolas Jonchuck, Jr. (25/now 29) arrested & charged (1/18/15) with 1st degree murder, aggravated assault with a vehicle on LE officers & aggravated fleeing & eluding police. Plead not guilty by reason of insanity. Held without bond.
Jury trial started 3/25/19 & ended 4/16/19 when Jury finds Jonchuck GUILTY (not legally insane) of 1st degree murder. In Florida, 1st-degree is automatic LIFE in prison. The judge formally sentenced him to life.
Court information from 4/26/19 to 6/13/19 reference post #410 here:
GUILTY - FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015
8/26/19: The defense Motion: said prosecutors made claims during opening arguments without providing physical evidence to support those claims. Also said prosecutors committed misconduct by telling the jury about aspects of his relationship with Phoebe's mother, about Social Security payments Jonchuck received for Phoebe, and that Jonchuck committed the murder of Phoebe to punish the little girl's mother. Jury should not have been told about certain pieces of evidence, such as previous "bizarre" statements made by Jonchuck, or that Jonchuck defaulted on payments for his condo and spent money on drugs. The document also said an expert witness seemed to have changed his mind about Jonchuck's mental state between the time when the doctor was interviewed and when he testified. Finally, the defense said one of the case's controversial expert witnesses, Dr. Lazarou was dressed inappropriately during her evaluation of Jonchuck, but the court refused to let the jury decide whether that was true and if it may have played a role in his behavior. Defense attorney Manuele took so long that Judge Helinger chose to break up the hearing into two days. Defense lawyers will finish their arguments for a new trial on Tuesday, 8/27, and prosecutors will have the chance to argue against. Defense motion hearing re payment of service (re Dr. Wagoner) on 8/29.
8/27/19 Update: Pinellas County Judge Chris Helinger will issue a written ruling on whether or not John Jonchuck should get a new trial by Oct. 1.

 

[Niner]

@SeesSeas - I know you are busy on an another thread - just wondering if you know "what" might have happened in yesterday's hearing. And if there is another hearing before the Oct. 1st one?

TIA!

 

[SeesSeas]

@SeesSeas - I know you are busy on an another thread - just wondering if you know "what" might have happened in yesterday's hearing. And if there is another hearing before the Oct. 1st one?

TIA!

No decision posted on the 8/29 MOTION hearing.
There is another docket entry dated 8/29: "MOTION HEARING TO BE RESET BY DEFENSE"
The hearing was held, but maybe the motion wasn't heard? The motion hearing was reset.

There isn't a hearing set for OCT 1. The OCT 1 date is from a news article:
Judge to decide whether John Jonchuck gets new trial by October
Pinellas County Judge Chris Helinger will issue a written ruling on whether or not John Jonchuck should get a new trial by Oct 1.

https://ccmspa.pinellascounty.org/PublicAccess/CaseDetail.aspx?CaseID=16863299
STATE OF FLORIDA vs. JONCHUCK, JOHN N
OTHER EVENTS AND HEARINGS
08/29/2019 MOTION (10:00 AM) (Judicial Officer RONDOLINO, ANTHONY)
PUBLIC DEFENDER'S MOTION TO COMPEL PAYMENT OF SERVICES.
Result: HEARING HELD
08/29/2019 MISCELLANEOUS TEXT Doc # 485
MOTION HEARING TO BE RESET BY DEFENSE

 

[SeesSeas]

https://ccmspa.pinellascounty.org/PublicAccess/default.aspx
STATE OF FLORIDA vs. JONCHUCK, JOHN N
09/18/2019 ORDER DENYING Doc # 488
DEFENDANT'S AMENDED MOTION FOR NEW TRIAL

John Jonchuck motion for new trial denied after first degree murder conviction

Judge denies John Jonchuck a new trial
Updated: 6:32 PM EDT September 17, 2019
CLEARWATER, Fla. — A judge denied a new trial for John Jonchuck, who earlier this year was sentenced to life in prison for dropping his 5-year-old daughter off a bridge, leading to her death.
[...]
"The remained grounds raised in the Defendant's motion for new trial are without merit and do not warrant comment," the judge wrote. "The Defendant's motion for a new trial is denied."

Jonchuck, however, now has 30 days to appeal.
[...]

 

[SeesSeas]

https://ccmspa.pinellascounty.org/PublicAccess/default.aspx
STATE OF FLORIDA vs. JONCHUCK, JOHN N

10/10/2019 NOTICE OF APPEAL Doc # 489
JONCHUCK V. STATE J&S

 

[SeesSeas]

"Flowers for Phoebe" Remembers 5-year-old Phoebe Jonchuck
UPDATED 4:56 PM ET FEB. 16, 2020
PINELLAS COUNTY, Fla. — For the sixth straight year, Bay area residents gathered to honor the memory of Phoebe Jonchuck.

Still going after guilty: Riders honor 5-year-old Phoebe Jonchuck
Updated: 7:02 PM EST February 16, 2020
ST. PETERSBURG, Fla. — Nearly 100 motorcyclists road out to the Dick Misner Bridge for the 6th annual Flowers for Phoebe event.

‘Flowers for Phoebe’ brings dozens together to honor little girl
Updated: Feb 16, 2020 / 07:09 PM EST
ST. PETERSBURG, Fla (WFLA) – Dozens of motorcyclists gathered together for the 6th Annual Flowers for Phoebe Sunday morning. It is an event to honor the life of Phoebe Jonchuck, who was tragically killed back in 2015.

The group who organizes this also raises money for a scholarship to St. Petersburg College. That scholarship is given to a high school student looking to pursue a career in social services and wanting to help children in the future.