Found Deceased Ks - Lucas Hernandez, 5, Wichita, 17 Feb 2018 #26

[SassynOz]

This is not directed at you, specifically...but everyone should take a deep breath. Yes, she was not charged so she's "walking free," but that does not mean she is "getting away with it." The prosecutor can have her rearrested and charge her with the exact same charge at any time within the statute of limitations for the crime in question. It's pretty normal in very serious crimes like this, for this to happen. Everyone breathe...she's just out for now while they build a case. In the end, if obstruction is the highest crime they can come up with, I expect they would charge her with the felony obstruction charge again, and see it through then.

I think we as a community are still just in such a shock over the injustice served to those who are abusing children. It’s becoming the norm almost it’s leaving a lot of us feeling hopeless. We have learned that you have to save the children in your life yourself. Because the system isn’t going to.

 

[SassynOz]

Did Marshburn record his interview and conversation with EG to give as evidence to LE? Or is everything EG told the PI unable to be confirmed now?

He said he recorded it. Per the NG podcast at least that’s what I heard. But I can’t listen to it again. I wish I wouldn’t of the first time.

 

[DakotaMayi]

I'm just gonna be over here laughing because I know you guys are joking me that "she" is being released.

 

[AlwaysHopeToHelp]

Did Marshburn record his interview and conversation with EG to give as evidence to LE? Or is everything EG told the PI unable to be confirmed now?

Yes it was all recorded, tomorrow there will be the audio on NG of Emily confessing (I’m not so many words) that she hurt Lucas.

 

[gngr~snap]

This is going to sound whacky, but, could someone else have confessed to harming Lucas? Or could they have found other evidence that someone else harmed him?

That is exactly what I believe. I believe she was with the person who hid Lucas. & was forced to go along.
Maybe we will get the "real" story soon.
Everyday that passes, I am less and less confident that she was anything more than a witness to the crime.
MOO

 

[SassynOz]

I'm just gonna be over here laughing because I know you guys are joking me that "she" is being released.

Wish we were. “She” isn’t a human so a “it” would be the correct term

 

[newmember]

He said he recorded it. Per the NG podcast at least that’s what I heard. But I can’t listen to it again. I wish I wouldn’t of the first time.

is there a way it could somehow be discounted as evidence though? sorry if thats a dumb question, but for our legal experts it always seems recorded convos have some gray area - its prob a matter of if she consented to it being recorded at the beginning? which im sure the PI knew to ask/confirm?

 

[AlwaysHopeToHelp]

You know how you keep going back like you’ve missed posts? I just noticed this on iPhone that I never saw in the original forum. I clicked and suddenly was reading posts I never saw
It says view more?

 

[Steelslady]

Yes it was all recorded, tomorrow there will be the audio on NG of Emily confessing (I’m not so many words) that she hurt Lucas.

WHAT? No, just no! Does he have permission from LE to post this with NG?

 

[PhoneJockey]

Inmate Arrest/Booking Details - Sedgwick County, Kansas Sheriff's Office

Released without prejudice

 

[liltexans]

You and I are on the same page. The PI and searchers need to STOP doing interviews!! They're releasing info that we were specifically told not to because it compromises the case. It scares me because there's SO much known behind the scenes and too many people have loose lips it seems.

I cannot comment on the homeless man's death other than to say he did not commit suicide. He was not involved in Lucas's death. Emily has ruined so many lives and his was just one of them. I pray that his family finds peace... he did not deserve to have his name dragged through the mud.

I'm going to stop there because I'm so angry I'm shaking.

Thank you, @FindLucasAllen.

Everyone: There is to be NO further discussion of the young man mentioned in the Nancy Grace podcast. Our VI, FindLucasAllen, has confirmed that the young man is not involved in Lucas’ death.

You may discuss other parts of the podcast, but DO NOT discuss the young man AT ALL.

 

[appleeye]

I don't like that the PI has said as much as he has. I am so afraid that the people around this case are going to jeopardize it.

 

[HayLouise]

Jail records now showing Lucas Hernandez's step mom is being released from custody.

Amy Renee Leiker on Twitter

 

[SassynOz]

is there a way it could somehow be discounted as evidence though? sorry if thats a dumb question, but for our legal experts it always seems recorded convos have some gray area - its prob a matter of if she consented to it being recorded at the beginning? which im sure the PI knew to ask/confirm?

I was told by my lawyer that in Kansas only one party had to know about the recording. So the person knowing they were recording which was the PI . That makes it legal and can be used in court. I’m only familiar with this because I thought it wasn’t legal until I had to have evindece in a case. Everything recorded was able to be legally used in court.

 

[Steelslady]

Inmate Arrest/Booking Details - Sedgwick County, Kansas Sheriff's Office

Released without prejudice

Sigh. Nothing to say, really. Good luck, Wichita.

 

[appleeye]

I wonder if she is being released with protection.

 

[AlwaysHopeToHelp]

is there a way it could somehow be discounted as evidence though? sorry if thats a dumb question, but for our legal experts it always seems recorded convos have some gray area - its prob a matter of if she consented to it being recorded at the beginning? which im sure the PI knew to ask/confirm?

It depends on the laws in Kansas. In Texas, as long as one party of the conversation is aware of the recording then it’s legal. David knew he was recording so it could be used in Texas as evidence.
I recorded my confronting my ex husband on phone about raping our child (btw he never admitted it in the 45min but also never denied it either) and it was used as evidence in his trial.
If Kansas is one of those states however that BOTH parties must be aware, then it wouldn’t be able to be used although he could still testify as a witness to what was said to him.
That all said, I’m not a lawyer and only know from our experience here in Texas. Maybe @Charliegizmo49 can help here!

 

[GigTu]

Which leads me to believe- someone else could be involved. There has to be a reason why she is being released. OR, could she be claiming that the PI forced her to go with him in the truck so to speak, and is lying about everything? It seems like the more the PI opens his mouth to the media, he's giving her a chance to not be charged for Lucas' death. Something is very hinky about all of this, to me. Very hinky.

This is why LE does not release information when they don't have to. In my opinion only, too many people know too much and can't keep the information to themselves. From what I can gather on reading around is that information was leaked throughout Wichita by the search team that was also feeding information to the PI. Just from my armchair, everything that has happened behind the scenes since the PI rolled in and started talking to searchers has seemed sketchy. I'm sure LE just have to rebuild the case from a new angle. She won't get away with it.

 

[ScarlettLin]

She’s being released now
Amy Renee Leiker on Twitter

 

[n_6CC]

DA will not file charges yet in death of 5-year-old Lucas

No charges will be filed Wedneday in the death of Lucas Hernandez, according to District Attorney Marc Bennett.

The investigation is not final until the autopsy is complete and the toxicology results are available, Bennett said in a brief statement Wednesday afternoon.

The Wichita police presented their case to the District Attorney's office Thursday morning.

Investigators are are following up on some newly developed leads, Bennett said.

I am guessing that they will release her on current charges, and then charge her with Lucas’s death-
JMO