GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 #10

[MaconMom]

Read live updates here if you cant view the video:

http://m.13wmaz.com/topstory/article?a=141513&f=924

Cadaver dogs "hit" at LG's apartment, SMD's apartment, and vacant apartment downstairs.

 

[GypsiesTramps&Thieves]

I think it's probably safe to say that the charges will NOT be dropped. Even if the revelation that cadaver dogs "hit" at his apartment is the only new evidence offered up, I think that's probable cause for the judge to rule that a trial can be scheduled. Just my opinion though.

 

[Hyrax]

I think we had pretty much guessed this, but:

Patterson testified that McDaniel said he had been in Giddings' apartment the night before, helping in the search, and he was concerned that he might have picked up something on his clothes or shoes.

Inserting himself into the search as a way to explain any forensics hits. Except, once again, any potential benefit from McD's little cover up scheme is ruined by his inability to keep silent about it. Immediately bringing up his fear that he "picked something up" helping in the search is almost on par with his spontaneous burglary confession.

http://www.13wmaz.com/news/topstories/article/141513/175/McDaniel-Hearing-Now-Under-Way

 

[wilksterette]

Defense says that blue gloves with blood stains were found in the storage closet (law enforcement not aware???) Wonder if that is the blue fibers they were searching for??

 

[Irene_Adler]

Well, I guess the defense IS introducing new evidence at the hearing. Per Buford: Blue gloves with bloodstains on them were found by their investigator in the laundry room last week. The detective was unaware of this recent discovery.

 

[Wondergirl]

It was SM's former roomate.

Patterson also described how police spoke to a former roommate of McDaniel, who said he used to talk about committing the perfect murder and how he would get away with it. He said the methods described by McDaniel matched the facts of the Giddings case.

http://m.13wmaz.com/topstory/article?a=141513&f=924

 

[bessie]

Thanks for the highlights, everyone! Please continue to post them.

 

[Hyrax]

My feed keeps dropping out, so this is spotty, but here are some points of interest:

- Searches on June 30 were done with McDaniel's consent.

- Buford asks if McDaniel ever requested medical assistance, witness says no.

- Buford asks if there is a reason that all the warrants came from a Superior ct. judge, witness says no, he just decided to do that.

- Buford brings up the press conference where Winters announces McDaniel is being charged with felony murder, he asks the witness if the warrant is a felony murder warrant, and witness says yes. Buford asks what the underlying felony is. Witness is stumped, then DA stands up and says it is not a felony murder warrant, it is just a murder warrant.

 

[GypsiesTramps&Thieves]

Well, I guess the defense IS introducing new evidence at the hearing. Per Buford: Blue gloves with bloodstains on them were found by their investigator in the laundry room last week. The detective was unaware of this recent discovery.

Ooooo that's not good that THEIR paid investigator found evidence. Thanks for the updates!

 

[Irene_Adler]

In response to Buford's question, the detective declared that the warrant was a felony murder warrant. Buford then asked what the underlying felony was, and the detective could not/would not answer it. Winters objected, and said that the warrant was a "Murder 1" warrant, not necessarily a felony/malice murder warrant, and that the decision as to the type of murder would be decided by the grand jury. The objection was sustained.


ETA: Buford is REALLY hitting on that affidavit and the felony murder charge.

 

[Wondergirl]

Macon.com Livestream:

http://www.ustream.tv/channel/9163376

 

[Hyrax]

Judge sustains objection to question as to whether the arrest warrant was for felony murder: "If the case is bound over, then it would be to the grand jury, based upon proper evidence, [to decide] whether this is a felony murder or malice aforethought murder."

 

[LurkerSmurf]

Looking at McD, I cant help but wonder if the cold, hard reality of what he has done has sunk in or he is still acting out a perverse fantasy.

 

[Irene_Adler]

Bad news: The detective was asked whether he had ANY other evidence from the FBI that would support the murder charge. Once Winters' objection was overruled, the detective answered "No."

 

[Destini]

I'm so confused (as usual).

Were the hacksaw & blue gloves found in the storage closet or the laundry room, or is that the same thing?

 

[Hyrax]

Buford is trying to get as much info out of the hearing as possible, the DA is saying this shouldn't be a fishing expedition, getting into a pissing match over procedure.

Buford continues question about Quantico evidence, whether Quantico evidence was enough to give probable cause. Judge overruled objection. I think witness responds "no"? Couldn't hear exactly.

DA comes back to ask about GBI evidence, whether that gives enough evidence for probable cause, witness says yes.

Buford: "What other evidence is out there from *any* law enforcement agency that gives you probable cause?"

Judge: [Can't hear, other than judge says it's not a discovery question and allows]

Witness: [Says they found other evidence.]

I keep thinking the feed is broken, but really I think this witness freezes and can't answer anything. Wow, someone needed to coach this guy better.

 

[wilksterette]

the storage closet is in the laundry room. not sure if the gloves were IN the closet or just the laundry room. I'm sure they are not McD's is why the defense brought them up. He probably "borrowed" them from the "MM."

 

[TX_Law_Student]

About the concealed carry license ...

I don't know if we've established for sure whether SMD had such a license or not. But I didn't understand SMD's comment that he didn't want to get the license because he didn't want to have his fingerprints on file (or something to that effect). Fingerprints are required in order to take the bar exam. I had to get fingerprinted during my 1L year to send along with my Declaration of Intent to Practice Law to the TX Board of Law Examiners. I'm pretty sure that GA also requires fingerprints (GA lawyers/law students please correct me if I'm wrong). SMD had already graduated and was taking BarBri, so his fingerprints should have already been sent.

So, it seems very unlikely to me that the fingerprint requirement would've deterred SMD from getting his CCL. I don't think this fact is necessarily important, but it popped out in my mind.

 

[Harry Potter]

McD was fingerprinted when he applied for the bar.

 

[Hyrax]

Buford asks to dismiss, and find no probable cause, and dismiss murder charge. 'Do not believe this detective... reluctant to answer questions... do not believe what he did answer gives probable cause.'

Buford cites to § 17-4-41:

17-4-41. Contents of affidavits made or warrants issued for arrest of penal offenders


(a) An affidavit made or warrant issued for the arrest of a person who is accused of violating the penal laws of this state shall include, as nearly as practicable, the following facts:

(1) The offense, including the time, date, place of occurrence, against whom the offense was committed, and a statement describing the offense; and

(2) The county in which the offense was committed.

(b) When the offense charged is theft, the affidavit made or warrant issued shall state, in addition to the requirements of subsection (a) of this Code section, the following facts:

(1) Name of the property alleged to have been stolen, with a description thereof, including its value; and

(2) Name of the owner of the property and the person from whose possession such property was taken.

(c) It is the intent of these requirements that the accused person shall be informed of the specific charge against him and of all basic pertinent particulars pertaining thereto.

Buford is hanging his hat on the fact that the warrant doesn't make up its mind as to whether it is a felony murder or malice murder warrant, so is insufficient on its face.