GUILTY IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*

[Niner]

@Niner Maybe I have this in the right thread now.

75C01-2108-MR-000001
The hearing is over. Discovery was the first issue to be addressed; everything has moved along and is almost finished. There are over 2 terabytes of info.

There will be a plea hearing on Monday, Dec 20 @ 1pm Central. Sentencing will be scheduled later. The judge mentioned live streaming so anyone who has a chance can watch.

IN Court Streams - IN Court Streams
Starke Co. Circuit Ct.
Judge Kim Hall

So... Smith is going to plead guilty - you think? That is why they sentencing scheduled later - sounds like it! Good - now for her parents....

 

[FrostedGlass]

So... Smith is going to plead guilty - you think? That is why they sentencing scheduled later - sounds like it! Good - now for her parents....

We don't have a Smith in this case... do you mean Miller?
Here's the official update for today:

12/17/2021 = Hearing Journal Entry
Discovery Compliance Hearing held. Parties are satisfied that discovery has been completed with the exception of body cam videos which will be provided. A plea agreement was previously filed. Submission of Plea Hearing is set on December 20, 2021, at 1:00 p.m., CST. All parties to appear in person.
Judicial Officer: Hall, Kim

12/20/2021 Hearing
Session: 12/20/2021 1:00 PM, Judicial Officer: Hall, Kim
Comment: Submission of Plea Hearing

01/17/2022 = Jury Trial
Session: 01/17/2022 9:00 AM, Judicial Officer: Hall, Kim
02/14/2022 = Jury Trial
Session: 02/14/2022 9:00 AM, Judicial Officer: Hall, Kim

 

[bleuboy]

Prosecutor’s office offers plea agreement to Justin Miller in death of Mercedes Lain office offers plea agreement to Justin Miller in death of Mercedes Lain
The man who allegedly killed 11-month-old Mercedes Lain in August has accepted a plea agreement, according to court records.



Justin Miller was charged with one count of murder after he led investigators to the body of the toddler several days after she was reported missing.

Miller will be in court on Monday for a hearing on the plea agreement.

 

[Niner]

snipped...
We don't have a Smith in this case... do you mean Miller?

ok- Miller... at least I got the right thread... LOL!

 

[Niner]

another article on hearing on Monday.

Guilty plea expected in Mercedes Lain murder case

 

[FrostedGlass]

another article on hearing on Monday.

Guilty plea expected in Mercedes Lain murder case

I was watching yesterday; he looked pretty subdued, was very polite.

It seems to me that we humans should have been designed to change our appearance when we do something so bad = grow a forked tail, develop big boils... whatever.

I suspect he was high and the baby was crying and he just lost it. Maybe we'll hear more on Mon.

 

[Niner]

I was watching yesterday; he looked pretty subdued, was very polite.

It seems to me that we humans should have been designed to change our appearance when we do something so bad = grow a forked tail, develop big boils... whatever.

I suspect he was high and the baby was crying and he just lost it. Maybe we'll hear more on Mon.

or drunk/high & fell asleep on the baby....

 

[Niner]

Monday, December 20th:
*Plea Hearing (@ 1pm CT) – IN – Mercedes Christine Lynn Lain (11 mos.) (last seen Aug. 14, 2021, reported missing Aug. 15, 2021, Silver Alert on Aug. 16, 2021, found deceased on Aug. 18, 2021 in Starke County, Miller led LE to scene) – for *Justin Lee Miller (37) - charged (8/30/21) & arraigned (9/3/21) with murder. Plead not guilty. $500K Cash bond. Starke County
Trial was set to begin on 12/6/21 changed to 1/17/22 & vacated, Miller will plead guilty (on 12/20/21).
Case info from 8/14/21 to 11/18/21 reference post #478 here:
Found Deceased - IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*
11/30/21: Return of service filed as to Katie Moats, no found in bailiwick-not served. Discovery compliance hearing on 12/17/21. 12/15/21: Plea agreement filed by State. 12/17/21 Update: The hearing is over. Discovery was the first issue to be addressed; everything has moved along & is almost finished. There are over 2 terabytes of info. Judge Kim Hall presiding. There will be a plea hearing on Monday, 12/20/21 @ 1pm & expected to plead guilty. Sentencing will be scheduled later.
Charged (8/19/21) & arraigned (8/24/21) with felony neglect of a dependent resulting in death. $100K bond. Plead not guilty. Marshall County #50D01-2108-F1-000003 DOB 5/3/84 9/7/21: Marshall County: Order Granting Motion to Dismiss.
*Tiffany Jo Coburn (32) “mom” & Kenneth Robert Lain (41/now 42) “father” – for both: status conference hearing on 1/20/22. Marshall County

 

[Niner]

Grandma is not happy... And I see she died of blunt force trauma - so not drunk/asleep & crushing her...

Family of Mercedes Lain upset over Justin Miller plea agreement

Dec. 19, 2021

KNOX, Ind. -- Justin Miller-- the man accused of killing 11-month old Mercedes Lain, has been offered a plea agreement from the Starke County Prosecutor's Office. ABC57 does not know the details of the agreement just yet, as it's a locked document, according to the Starke County Clerk's Office, but Mercedes Lain's family doesn't want to see any agreement between Miller and the Prosecutor's Office.

Miller's plea agreement still has to be approved by the judge hearing his case, but Mercedes's grandmother, Angela Owens, says she feels blindsided by the agreement.

“It’s just not good enough to plea out like that," said Owens. "I just can’t see how the court’s going to accept a plea from him.”
[.....]
Judge Kim Hall said a plea hearing has been set for Monday, December 20.

Angela Owens is shocked that a plea agreement is on the table.

“I’m blown away, I don’t understand how," she said. "I guess for him, maybe a plea might be good, but a plea is just not good for us.”

And Owens herself said she wasn't even informed about the agreement-- she only just found out the morning before it was announced it court.

“I wish somebody would’ve let me know instead of getting on MyCase this morning at 5:30 and finding it on MyCase,” she said.

 

[FrostedGlass]

@Niner The poor grandma.

He pleaded guilty to the murder charge, so he should get at least 45 years. I don't know how time served/good time/parole works in murder cases; but he'll be pretty old if/when he ever gets out.

The parents, otoh, with their little F6 charges...

 

[FrostedGlass]

Court has been in session; the judge is very slowly and carefully going over all the steps, pros/cons, options, etc. Making sure the defendant knows exactly what to expect if he moves forward with the plea agreement.

 

[twall]

Justin Miller pleads guilty to murder of 11-month-old Mercedes Lain (abc57.com)

As part of the factual basis included in the plea agreement, Miller admitted to picking up Mercedes from Tiffany Coburn and Kenneth Lain on August 12 and bringing her to an apartment in Mishawaka.

At the apartment, Miller got into a fight with his girlfriend while he was “intoxicated on synthetic marijuana,” and Mercedes started crying, according to the factual basis portion of the plea agreement.

Miller “backhanded” Mercedes in the head and she hit a wall, according to the plea agreement. Miller told the judge he hit her “a couple of times.”

On the morning of August 14, Miller said he woke up, “rolled a joint of synthetic” and noticed Mercedes was dead, according to the plea agreement. Miller said he then borrowed gas money from a neighbor, drove to Starke County and buried Mercedes’ body in the woods.

 

[twall]

@Niner The poor grandma.

He pleaded guilty to the murder charge, so he should get at least 45 years. I don't know how time served/good time/parole works in murder cases; but he'll be pretty old if/when he ever gets out.

The parents, otoh, with their little F6 charges...

The plea agreement leaves sentencing to the discretion of the court. The sentencing for murder in Indiana is a minimum of 45 years and a maximum of 65 years.

The judge still has to accept or reject the plea. This will be done at the sentencing hearing.

Miller’s sentencing hearing is scheduled for January 18.

Justin Miller pleads guilty to murder of 11-month-old Mercedes Lain (abc57.com)

For most Indiana felonies, you can earn a one day credit for three days served. You could be released after completing 75 percent of your original sentence. It used to be 50/50 but the law was changed a few years ago.

 

[FrostedGlass]

The plea agreement leaves sentencing to the discretion of the court. The sentencing for murder in Indiana is a minimum of 45 years and a maximum of 65 years.

The judge still has to accept or reject the plea. This will be done at the sentencing hearing.

Miller’s sentencing hearing is scheduled for January 18.

Justin Miller pleads guilty to murder of 11-month-old Mercedes Lain (abc57.com)

For most Indiana felonies, you can earn a one day credit for three days served. You could be released after completing 75 percent of your original sentence. It used to be 50/50 but the law was changed a few years ago.

Thank you.
How does parole figure in?

 

[twall]

Thank you.
How does parole figure in?

Not sure, there is info. at this link. I think a lot depends on the terms of the plea agreement and the judge.

Indiana Code Title 11. Corrections § 11-13-3-2 | FindLaw

 

[twall]

Man pleads guilty in death of 11-month-old Mercedes Lain

 

[twall]

IMO JM will get the max sentence of 65 years just like this guy. Killing a defenseless child is inexcusable and then there's the fact JM tried to hide Mercedes in the woods!

Wert gets maximum 65-year sentence for child murder

 

[FrostedGlass]

IMO JM will get the max sentence of 65 years just like this guy. Killing a defenseless child is inexcusable and then there's the fact JM tried to hide Mercedes in the woods!

Wert gets maximum 65-year sentence for child murder

I agree with you about JM.

That case you just posted about is bad beyond words. Parents really need to be careful about leaving their young children with men who have no emotional ties to them. IMO.

 

[AgeofAquaruis]

Justin Miller pleads guilty to murder of 11-month-old Mercedes Lain (abc57.com)

As part of the factual basis included in the plea agreement, Miller admitted to picking up Mercedes from Tiffany Coburn and Kenneth Lain on August 12 and bringing her to an apartment in Mishawaka.

At the apartment, Miller got into a fight with his girlfriend while he was “intoxicated on synthetic marijuana,” and Mercedes started crying, according to the factual basis portion of the plea agreement.

Miller “backhanded” Mercedes in the head and she hit a wall, according to the plea agreement. Miller told the judge he hit her “a couple of times.”

On the morning of August 14, Miller said he woke up, “rolled a joint of synthetic” and noticed Mercedes was dead, according to the plea agreement. Miller said he then borrowed gas money from a neighbor, drove to Starke County and buried Mercedes’ body in the woods.

So the GF was there when this happened,and did nothing. SMH.

 

[cvaldez1975]

i wanna know how backhanding a baby gets them to quiet down. grrrrr