GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 # 6

[~SuperSleuth~]

Hacksaw packaging, key to Lauren's apartment, master key. Plus other things we don't even know about yet.

Pretty clear that McD did NOT think Lauren's remains would be found in that trash can, nor that his apartment was going to be searched. I wonder if she had not been found, what his next move was going to be? Was the master plan to set up the MM, but it went awry? Still scratching my head over this.

"Body" reaction in that video was genuine, his plan was botched ...

I think you may be right on here.
I think we're looking at a premeditated murder here.
Unbelievable...

 

[Hyrax]

Colonel Mustard said that not much would be revealed in the arrest warrant. The details would be disclosed at the commitment hearing? Am I remembering his post correctly?

The arrest warrant would still have to list probable cause for what he is being arrested for. In this case, the warrant is plainly saying murder, and the affidavit for probable cause is consistent with it being a warrant for murder.

I'm starting to think the felony murder listing on his inmate page is a mistake. They are charging him with a premeditated killing after all.

 

[Knox]

I think you may be right on here.
I think we're looking at a premeditated murder here.
Unbelievable...

Downright scary ...

 

[Knox]

The arrest warrant would still have to list probable cause for what he is being arrested for. In this case, the warrant is plainly saying murder, and the affidavit for probable cause is consistent with it being a warrant for murder.

I'm starting to think the felony murder listing on his inmate page is a mistake. They are charging him with a premeditated killing after all.

I was only addressing the "sufficient facts" aspect of your post and remembering or trying to remember what CM said regarding the warrant. Aren't the warrant and the PCA two different documents? I have not seen anything but the warrant.

You're talking to someone who knows very little about criminal law.

 

[bessie]

Hey Phoebeb ... that detail, like most others in this case, has not been made public yet. We can only speculate that maybe he wrote some things to that effect on a message board or e-mail (found on his computer), or else told it to someone whom the police later interviewed.

Do you have a link for this rumor?

 

[cluciano63]

Huh. The arrest warrant is for murder, not felony murder. It doesn't even suggest facts that would be sufficient for a felony murder charge.

I just listened to the video of his court appearance yesterday -- the judge only says that he is charged with murder, although that could still include felony murder I suppose.

Other than the inmate information page, which is still listing the charge as "00913 FELONY MURDER{00913}", is there anything else that suggests this is a felony murder charge and not a murder charge?

Where I live, in NM, they use the term "open count of murder" at first and then reveal details and change the charges later on...FWIW.

 

[bessie]

MaconMom made a statement earlier about hearing that only the top half of her torso was actually found.. It's the upper half and one can use their head to discern why only the upper half of the torso was left.

Fact or rumor?? Link??

 

[Hyrax]

I was only addressing the "sufficient facts" aspect of your post and remembering or trying to remember what CM said regarding the warrant. Aren't the warrant and the PCA two different documents? I have not seen anything but the warrant.

You're talking to someone who knows very little about criminal law.

Sorry, I'll back up. The probable cause affidavit is what LE gives to a judge, in which someone (usually some police officer) states under oath the facts that they believe give probable cause to show that the accused committed the crime they want to arrest him for. If the judge agrees that the affidavit does state probable cause to believe that the accused did it, he authorizes the warrant. The warrant then gives LE the authority to make the arrest. (In this case, the warrant and affidavit have been combined on one document.)

So if they wanted to arrest McD for felony murder, they would have to state facts in the affidavit that give probable cause to believe that (1) McD committed a felony, and (2) in the course of that felony, Lauren was killed. Neither of these elements are in there.

Instead, you have facts about the hacksaw with DNA, and previous comments that McD made that could murder someone and get away with it, and that Lauren's death resembles those prior comments. This is probable cause to believe that McD had planned out a murder, and then committed it, as there is physical evidence linking McD to a crime scene that is similar to his previously stated plans.

McD has a malice murder charge against him, not felony murder.

 

[Phoebeb]

That hacksaw packaging could have just been tossed in his trash can. Sadly, probably not his main focus for dumpster/ trash day.

I wonder if SM had an alibi for the Thursday night the "hoodlum" email was sent from Lauren's computer.

 

[Knox]

Sorry, I'll back up. The probable cause affidavit is what LE gives to a judge, in which someone (usually some police officer) states under oath the facts that they believe give probable cause to show that the accused committed the crime they want to arrest him for. If the judge agrees that the affidavit does state probable cause to believe that the accused did it, he authorizes the warrant. The warrant then gives LE the authority to make the arrest. (In this case, the warrant and affidavit have been combined on one document.)

So if they wanted to arrest McD for felony murder, they would have to state facts in the affidavit that give probable cause to believe that (1) McD committed a felony, and (2) in the course of that felony, Lauren was killed. Neither of these elements are in there.

Instead, you have facts about the hacksaw with DNA, and previous comments that McD made that could murder someone and get away with it, and that Lauren's death resembles those prior comments. This is probable cause to believe that McD had planned out a murder, and then committed it, as there is physical evidence linking McD to a crime scene that is similar to his previously stated plans.

McD has a malice murder charge against him, not felony murder.

Thank you for explaining that to me.

So next is the commitment hearing and then it go's to a grand jury for an indictment?

 

[~SuperSleuth~]

Fact or rumor?? Link??

Websleuths Crime Sleuthing Community - View Single Post - Found Deceased GA - Lauren Giddings, 27, Macon, 27 June 2011 - #6

 

[Backwoods]

Does anybody know whether Judge Jeanine Pirro (from the FOXNews show) made it to Macon Wednesday as local news Fox24 had reported she would? If so, reckon she sure dropped into a hotbed of new activity -- maybe she expected that?

Also, speaking of Fox24, don't believe anybody has posted this link yet...?

Analyzing Stephen McDaniel's Media Exposure

""Body?", asked Stephen McDaniel moments after I asked him what he thought about the body recovered at Barristers Hall Apartment Complex June 30th.

It's an interview that Macon Police wanted to get their hands on from day one and one that has formed split opinions."

link: http://www.newscentralga.com/news/local/Analyzing-Stephen-McDaniels-Media-Exposure-126800008.html

 

[Starry Night]

I don't know. Warrant on Aug 2 for things found when? Honestly, PACKAGING for a hacksaw found in his apartment???
This is very frightening for the simple reason it does not all add up because of the who, what, where.
How can anyone feel safe nowadays.

 

[McMunn]

That hacksaw packaging could have just been tossed in his trash can. Sadly, probably not his main focus for dumpster/ trash day.

I wonder if SM had an alibi for the Thursday night the "hoodlum" email was sent from Lauren's computer.

I believe that the "hoodlum" email was sent around 10:30 Saturday night, the 25th.

 

[~SuperSleuth~]

Sorry, I'll back up. The probable cause affidavit is what LE gives to a judge, in which someone (usually some police officer) states under oath the facts that they believe give probable cause to show that the accused committed the crime they want to arrest him for. If the judge agrees that the affidavit does state probable cause to believe that the accused did it, he authorizes the warrant. The warrant then gives LE the authority to make the arrest. (In this case, the warrant and affidavit have been combined on one document.)

So if they wanted to arrest McD for felony murder, they would have to state facts in the affidavit that give probable cause to believe that (1) McD committed a felony, and (2) in the course of that felony, Lauren was killed. Neither of these elements are in there.

Instead, you have facts about the hacksaw with DNA, and previous comments that McD made that could murder someone and get away with it, and that Lauren's death resembles those prior comments. This is probable cause to believe that McD had planned out a murder, and then committed it, as there is physical evidence linking McD to a crime scene that is similar to his previously stated plans.

McD has a malice murder charge against him, not felony murder.

Winters did clearly state it was Felony Murder.

I'm thinking that for the warrant, an actual "Code" must be used.
And, as per:
Websleuths Crime Sleuthing Community - View Single Post - Found Deceased GA - Lauren Giddings, 27, Macon, 27 June 2011 - #6

http://www.lexisnexis.com/hottopics/gacode/default.asp
These are the choices:
16-5-1. Murder; felony murder
16-5-2. Voluntary manslaughter
16-5-3. Involuntary manslaughter
16-5-4. Time elapsed between injury and death
16-5-5. Offering to assist in commission of suicide; criminal penalties

Edit: of course, I'm sure they could always change/upgrade this charge?

 

[Knox]

"Why would anyone do this?...She was over there in the morning and that was the last time anyone we've been able to find out from had seen her," says Stephen McDaniel in that June 30th interview.

Clinical Social Worker Daphne Stevens says that usually someone in this situation would have gone into a protective mode and not spoken to the media, but that wasn't the case for McDaniel.

"This is a move from a man who wants to be recognized," says Stevens.

"People would say he's the nicest guy, nobody would think that he would do anything like that and usually what they're saying when they say that is never heard from him," says Stevens.

http://www.newscentralga.com/news/local/Analyzing-Stephen-McDaniels-Media-Exposure-126800008.html

Interesting, thanks for the link Backwoods.

 

[currcat]

That hacksaw packaging could have just been tossed in his trash can. Sadly, probably not his main focus for dumpster/ trash day.

I wonder if SM had an alibi for the Thursday night the "hoodlum" email was sent from Lauren's computer.

The email that talked about "Macon Hoodlums" was sent sometime after 10pm on Saturday the 25th, not Thursday. It spoke of a break in attempt that had occurred on Thursday night, buts thats all that is really known about the email.

 

[Starry Night]

I have to add that I say this because just this week a man who works where I do murdered his wife! Violently...stabbed her. We saw him every day on his laptop in the lobby of our building. So for me, to experience that, and then to see SM with his innocent looking face and onward going education...what the hell?

 

[theengineer]

Sorry, I'll back up. The probable cause affidavit is what LE gives to a judge, in which someone (usually some police officer) states under oath the facts that they believe give probable cause to show that the accused committed the crime they want to arrest him for. If the judge agrees that the affidavit does state probable cause to believe that the accused did it, he authorizes the warrant. The warrant then gives LE the authority to make the arrest. (In this case, the warrant and affidavit have been combined on one document.)

So if they wanted to arrest McD for felony murder, they would have to state facts in the affidavit that give probable cause to believe that (1) McD committed a felony, and (2) in the course of that felony, Lauren was killed. Neither of these elements are in there.

Instead, you have facts about the hacksaw with DNA, and previous comments that McD made that could murder someone and get away with it, and that Lauren's death resembles those prior comments. This is probable cause to believe that McD had planned out a murder, and then committed it, as there is physical evidence linking McD to a crime scene that is similar to his previously stated plans.

McD has a malice murder charge against him, not felony murder.

Hi everyone. This is my first post, although I have been following this from the beginning, as I am a fellow Mercer University graduate (not law). In the news conference yesterday with the MPD and the DA, they specifically said "felony" murder. When asked what that felony was, they declined to comment. It appears they are charging him with felony murder from their statements, but as is stated above, the paperwork doesn't back this up. It's a little confusing. Surely they would not have missed this detail in the paperwork...one would hope.

Here is the link to the story on from Fox 24:
http://www.newscentralga.com/news/local/MPD-Says-All-Evidence-Points-to-McDaniel-126734418.html

 

[Phoebeb]

The email that talked about "Macon Hoodlums" was sent sometime after 10pm on Saturday the 25th, not Thursday. It spoke of a break in attempt that had occurred on Thursday night, buts thats all that is really known about the email.

Thanks. What I meant was, did SM have an alibi for his whereabouts for Thursday night so the focus would not be on him for the attempted break in email when it was read? Was he studying with a group of people or was he out of town that Thursday, then referenced it possibly in the email?