More at this link: http://www.starherald.com/news/loca...-bd02-d9450c86d832.html#.UwVdfal7Xy4.facebookChauncey seeks to dismiss indictment in Juliette case
An attorney for a Colorado man charged in the death of a 2-year-old girl has filed a motion to dismiss a grand jury indictment.
Within the first month of representing Dustin Chauncey, a man accused in the July 11, 2008, death of Juliette Geurts, Nebraska Commission on Public Advocacy Attorney Todd Lancaster filed a motion to dismiss a grand jury indictment that resulted in charges being filed against Chauncey four years after the girl’s death. The motion was filed Feb. 5.
More at this link: http://www.kotanow.com/story/249984...aggregation&fb_aggregation_id=288381481237582Attorney for man charged in Gering toddler's murder seeking for Grand Jury testimony to be released
A Scotts Bluff County District Judge is taking under consideration a motion to release information obtained in a Grand Jury investigation for the 2008 death of Juliette Geurts.
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Defense Attorney Todd Lancaster says that under state statute, all information gathered during the investigation merit the charges against Chauncey. Grand Jury testimony from roommate Brandon Townsend was used to arrest Chauncey on probable cause.
More at this link: http://www.starherald.com/news/loca...-986a-001a4bcf887a.html#.Uyd7ob9mtj4.facebookChauncey attorney seeks grand jury records
To prepare for the trial of Dustin Chauncey, a man accused in the July 11, 2008 death of Juliette Geurts, Nebraska Commission on Public Advocacy Attorney Todd Lancaster filed two motions seeking release of the grand jury report in the indictment and other materials from the proceedings. Lancaster presented arguments on the motion in Scotts Bluff County District Court Monday.
Chauncey is currently scheduled for trial Aug. 7-15.
Grand jury proceedings are secret, unless release of testimony or other information from the proceedings is granted by a judge. Chauncey’s previous attorney, Bernard Straetker, was already allowed transcripts of testimony by pathologist Richard Simmons, who performed the autopsy of the girl, and Brandon Townsend, the third adult in the Geurts’ home when the girl died.
In the filing, Lancaster says that state statute permits the district court to dismiss any indictment of the grand jury, particularly if release of all or portions of the grand jury report would result in the exoneration of a person.
The Judge could decide to throw out the only remaining indictment from the grand jury proceedings. The current indictment has a 7 year statute of limitations but the other indictments against Charyse Geurts the mother and 2 other indictments against Dustin Chauncey were eliminated due to statute of limitations. The question Nebraskans should be asking their Senators & Congressmen & women is if a child is beaten to death in their state is that not murder? So why do they hav...e statute of limitations on charges linked to child abuse cases including those who cover up for the perpetrator in a homicide case of a child? They need to change their laws and Nebraskan's need to raise their voice for that to happen. In the end if Judge Dobovolny tosses out the last indictment per his view of the case Juliette will never see any earthly justice. A child beaten to death will once again be forgotten and become another horrific statistic in America...
Juliette's aunt Monica
I am still following this case as closely as ever... but to keep my membership at WS have had to refrain comment most of the time.
Just so people know I didn't forget Juliette. :twocents:
Dustin Chauncey, 28, is currently scheduled to be tried in October on charges in the death of 2-year-old Juliette Geurts. Chauncey had been one of three adults in the home when the girl died. A grand jury, convened after supporters of the Geurts family petitioned, indicted Chauncey in January 2013 on three charges — child abuse resulting in the death of a child, a Class IB felony; manslaughter; a Class II felony; and providing false information to an officer, a Class I misdemeanor.
The manslaughter and providing false information charges were dismissed because of statute of limitations on the charges. A remaining charge of child abuse, resulting in death, remains. Chauncey had been slated to be tried on those charges, beginning Monday, but trial has since been postponed.
On Aug. 1, Chauncey’s attorney, Todd Lancaster of the Nebraska Commission on Public Advocacy, filed a motion to withdraw a not guilty plea entered by Chauncey in the case and a motion to quash in the case. A Scotts Bluff County District Court judge will hear arguments Monday.
Chauncey is seeking to withdraw his plea in order to file a motion to quash the original indictment, according to the motion filed in Scotts Bluff County District Court. A motion to quash argues that the court or a party of the court, such as the judge or an attorney, had acted in error or by mistake, nulling and voiding the charges against a defendant. In this case, Chauncey’s attorney is citing the appointment of a special prosecutor in the case and the actions of the prosecutor during grand jury proceedings.
I am still following this case as closely as ever... but to keep my membership at WS have had to refrain comment most of the time.
Just so people know I didn't forget Juliette. :twocents: