Indictments and Charges

Discussion in 'Phoebe Prince' started by Paladine, Apr 22, 2010.

  1. Paladine

    Paladine Active Member

    Messages:
    3,760
    Likes Received:
    3
    Trophy Points:
    38


  2. Paladine

    Paladine Active Member

    Messages:
    3,760
    Likes Received:
    3
    Trophy Points:
    38
    IMO: Her death doesn't factor in, Dr. Phail...whether they want it to or not. In a court of law...it's simple.

    Did they stalk? Did they harass? Did Ashley throw the can? Did the boys sleep with a girl under 16?

    She could be the most twisted, messed up, suicidal teen EVER...and it's STILL ILLEGAL to STALK, HARASS, ASSAULT.

    AND...her being portrayed as messed up just makes the boys seem more predator-like...IMO.

    Simple. :)



    ETA: I DO NOT think she was what they are implying...
     
  3. Kris

    Kris New Member

    Messages:
    17
    Likes Received:
    1
    Trophy Points:
    0
    The court docs I've seen for 3 of the girls refer specifically to Phoebe's "suicide"...ehem, so I would imagine that "resulting in bodily injury" is referring to her heath. A DA would not include irrelevant information when writing up charges because it would most likely result in the rejection of those charges, or if the charges made their way to trial, it could lead to mistrial or a not guilty verdict. In a mistrial, much of the evidence used would be void when retried, and in the case of a not guilty verdict, the defendants could not be charged again. So if Phoebe's death (in whatever manner) was irrelevant to the charges at hand, I could not imagine it being included in the court docs. I guess we would have to look up the definition of "bodily injury" under Massachusetts law to determine that.
     
  4. Paladine

    Paladine Active Member

    Messages:
    3,760
    Likes Received:
    3
    Trophy Points:
    38

    Kris...check out the long form of the DA's statement of the indictments. In it, she says the bodily harm charge is Ashley's, the weapon, the can...that much is spelt out.

    So...I assumed, ~~there's that word again :eek: ~~ Ashley must have hit Phoebe with the can and hurt her...?

    If you can't find it, I'll get you a link...

    And someone previously suggested, the suicide was brought up for the penalty phase...
     
  5. Kris

    Kris New Member

    Messages:
    17
    Likes Received:
    1
    Trophy Points:
    0
    The docs I'm looking at are below. Also I'm including the links I found that include the actual law(s). Here is the definition of "bodily injury" under Massachusetts law:

    "Bodily injury”, substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare."

    It doesn't sound like just a can throwing incident.

    http://law.onecle.com/massachusetts/265/13J.html

    http://law.onecle.com/massachusetts/265/43.html

    http://law.onecle.com/massachusetts/272/40.html
     

    Attached Files:

  6. Paladine

    Paladine Active Member

    Messages:
    3,760
    Likes Received:
    3
    Trophy Points:
    38
  7. Paladine

    Paladine Active Member

    Messages:
    3,760
    Likes Received:
    3
    Trophy Points:
    38
    so, could the bodily harm be from telling Phoebe to hang herself? Only Kayla, Sean, Flannery and Ashley seem to have those charges...not Austin or Sharon...this seems like it should be an easy question to answer...
     
  8. Natal

    Natal Former Member

    Messages:
    1,157
    Likes Received:
    3
    Trophy Points:
    0
    That is the maximum, but I think the punishment for a first offence is life or any other sentence, which could be no jail time depending on the circumstances. I think it extremely unlikely that this guy would get life even in MA, and if he didn't participate in the bullying as some have claimed, there would be no moral reason to be sending him to prison for life.

    In any case with no complaint, no witness and no evidence I don't see how they could convict him unless he plead guilty for some reason.
     
  9. Natal

    Natal Former Member

    Messages:
    1,157
    Likes Received:
    3
    Trophy Points:
    0
    The code she is talking about is Chapter 265 Section 23. The code mentioned in the link you provided refers to "inducing", which likely is aimed at third parties, not the principals.
     
  10. Natal

    Natal Former Member

    Messages:
    1,157
    Likes Received:
    3
    Trophy Points:
    0
    I doubt that telling someone to hang themselves and them then doing it at some later time would be considered bodily harm. I think you would have to prove a more direct link than that.

    More likely those charges refer to physical assault in the course of harrassment. So, that would be things like pushing, throwing the can, that sort of thing.
     
  11. jjenny

    jjenny Well-Known Member

    Messages:
    31,379
    Likes Received:
    44,442
    Trophy Points:
    113
    One of the witnesses saw the can hit the ground (although the witness was not sure if the can hit the girl). If the can didn't actually hit the girl, how can it cause bodily injury?
     
  12. jjenny

    jjenny Well-Known Member

    Messages:
    31,379
    Likes Received:
    44,442
    Trophy Points:
    113
    Well the DA brought the charges. One would think DA should presumably have some evidence, otherwise, how can she bring charges?
     
  13. jjenny

    jjenny Well-Known Member

    Messages:
    31,379
    Likes Received:
    44,442
    Trophy Points:
    113
    The charge was, I believe, violation of civil rights with bodily injury resulting.
    Not assault.
    And what was the bodily injury, and what did it result from?
     
  14. Kris

    Kris New Member

    Messages:
    17
    Likes Received:
    1
    Trophy Points:
    0
    Since we're talking about charges, why aren't SH6 charged with this one?

    Notice "National origin", and how many times she was referred to as an "Irish ...(insert depraving remark here)"

    http://law.onecle.com/massachusetts/265/39.html

    And why aren't the teachers etc.. charged with this one?

    http://law.onecle.com/massachusetts/265/13L.html
     
  15. Kris

    Kris New Member

    Messages:
    17
    Likes Received:
    1
    Trophy Points:
    0
    So far I've only found the laws as written, there is however "case law" which are precedents set by other cases. I would have to do some more digging to see if there has ever been a case in Massachusetts where someone was convicted under any existing statute for inciting someone's "suicide"....ehem..

    Also, I was showing the definition of bodily harm to illustrate that the term "bodily harm" as used in the statutes does not indicate minor injuries (bruising, abrasion) that would be sustained by the throwing of an empty can. If it were full it would be a different story, however the reports indicate it was empty. That's why I was thinking they the DA tied her "suicide" into the charges.
     
  16. daisy7

    daisy7 Retired WS Staff

    Messages:
    12,538
    Likes Received:
    36
    Trophy Points:
    38
    Please discuss the charges here.
     
  17. WaddupYo

    WaddupYo New Member

    Messages:
    272
    Likes Received:
    2
    Trophy Points:
    0
    Have the docs on the 3 others been released yet?
     
  18. Natal

    Natal Former Member

    Messages:
    1,157
    Likes Received:
    3
    Trophy Points:
    0
    I would think that the only evidence is hearsay, which in most jurisdictions is inadmissable. The DA can bring about any charges they want but unless the boy confesses the charge will eventually be dismissed.

    I think the main reason they are charging the boys with this is so that they can try to intimidate them. It sort of like bullying, but targeting the alleged bullies themselves, kind of reversing the situation. And even if the charges are thrown out, the charge will still remain on record and the social stigma will still remain.
     
  19. Harley1971

    Harley1971 New Member

    Messages:
    9
    Likes Received:
    0
    Trophy Points:
    0
  20. Sauerkraut2

    Sauerkraut2 New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    No. And I get no answer when I ask for a release date. There's a reason it's not public record or subject to public release; I suspect it has to do with the sex-by-minor and privacy issues.
     

Share This Page



  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice