New Developments and General Discussion, 08/10/2012

[rhapsdy]

http://www.theadvertiser.com/articl...4022/Hearing-set-Friday-Brandon-Lavergne-case

Hearing set Friday in Brandon Lavergne case

"Fifteenth Judicial District Court Judge Herman Clause set an evidentiary hearing for 10 a.m. Friday in the case of Brandon Scott Lavergne, the man accused of killing Mickey Shunick and Lisa Pate.

Assistant District Attorney Keith Stutes, lead prosecutor in the case, requested the hearing this morning.

The request states that the evidentiary hearing be "limited to the perpetuation of testimony."

Lavergne was indicted July 18 by a Lafayette grand jury for the first-degree murder of Shunick and Pate."


Does anyone understand what this hearing will be about or for? I thought because he already was indicted by the grand jury this wasn't neccessary? Here is what I could find about this kind of hearing: [ame="http://en.wikipedia.org/wiki/Preliminary_hearing"]Preliminary hearing - Wikipedia, the free encyclopedia[/ame]

 

[K.jill]

-------------

Now, you made me laugh. Thank you for lightening my mood. Sincerely.

What's the title of that book: Everything you wanted to understand about the Universe...can't remember.

I have more book titles and forum themes on my head. I will put them on my personal page later and you can check them out when you need a laugh break.

 

[GulfCoastKAT]

http://www.theadvertiser.com/articl...4022/Hearing-set-Friday-Brandon-Lavergne-case

Hearing set Friday in Brandon Lavergne case

"Fifteenth Judicial District Court Judge Herman Clause set an evidentiary hearing for 10 a.m. Friday in the case of Brandon Scott Lavergne, the man accused of killing Mickey Shunick and Lisa Pate.

Assistant District Attorney Keith Stutes, lead prosecutor in the case, requested the hearing this morning.

The request states that the evidentiary hearing be "limited to the perpetuation of testimony."

Lavergne was indicted July 18 by a Lafayette grand jury for the first-degree murder of Shunick and Pate."


Does anyone understand what this hearing will be about or for? I thought because he already was indicted by the grand jury this wasn't neccessary? Here is what I could find about this kind of hearing: Preliminary hearing - Wikipedia, the free encyclopedia

Possibly to change his plea?

 

[laura83]

Sorry if this has been posted. Just catching up http://www.katc.com/news/new-documents-give-insight-into-what-happened-to-lavergne-s-truck/

 

[concentric]

Sorry if this has been posted. Just catching up http://www.katc.com/news/new-documents-give-insight-into-what-happened-to-lavergne-s-truck/

-----------

Thanks for that. If you read/listen to video, here's a quote:

In the report filed on May 31st, Lavergne claims when he went to his truck at 6:30 that morning to get his shaving kit, the truck was gone. Also in the truck, his red tool box. The estimated value of the tool box and truck was $34,000.

 

[brenda lee]

When police had the press conference after BSL's arrest I believe the chief said it was information from a family member that led to the arrest. (I cannot find a transcript of the presser now, but I think the chief said that)

I keep wondering what his family knew and what they suspected and what they should have done earlier to keep him off of our streets.

I have heard that he went to his mom's with his injuries, asked the brother to pray with him because something evil was in his trailer, and he was at his sister's when he burned his truck all after May 19th. He has probably had odd behavior most of his life.

If they are talking now to LE great - but I think it should have been done a long time ago!!!

JUST MY OPINION

 

[brenda lee]

I still have not heard anything about the recovery of Mickey's purse and cell phone. Maybe this was put in the dumpster?

 

[reedus23]

I'm stumped. My initial thought was that, if there is a plea agreement, they will utilize this hearing to enter the plea. Entering a plea typically requires the defendant to give testimony before the Judge as to the basic facts, that it is being entered voluntarily, that his counsel has done a good job for him and so forth to cut off any attacks on appeal arguing the guilty plea was wrongfully taken by the Court. Additionally, the Court ultimately has to approve any plea and sentence. Here at least. Not sure about LA.

BUT, we don't call it an evidentiary hearing for the limited purpose of preserving testimony. An evidentiary hearing for the limited purpose of preserving testimony here usually means you have a witness in ill health that may die at any time and you want to preserve their testimony before you lose it all together with an untimely death. Maybe a local can shed more light. Like I said, I'm stumped here. Maybe they're entering the plea but trying to avoid a media circus at the Courthouse so trying to call it something else?

 

[rhapsdy]

http://www.theadvertiser.com/articl...4022/Hearing-set-Friday-Brandon-Lavergne-case

Hearing set Friday in Brandon Lavergne case

"Fifteenth Judicial District Court Judge Herman Clause set an evidentiary hearing for 10 a.m. Friday in the case of Brandon Scott Lavergne, the man accused of killing Mickey Shunick and Lisa Pate.

Assistant District Attorney Keith Stutes, lead prosecutor in the case, requested the hearing this morning.

The request states that the evidentiary hearing be "limited to the perpetuation of testimony."

Lavergne was indicted July 18 by a Lafayette grand jury for the first-degree murder of Shunick and Pate."


Does anyone understand what this hearing will be about or for? I thought because he already was indicted by the grand jury this wasn't neccessary? Here is what I could find about this kind of hearing: Preliminary hearing - Wikipedia, the free encyclopedia

Replying to myself here - but I found this tidbit of info. Not sure still what it all means, but seems that this hearing will have some kind of testimony and is where they would set bail (although I'm understanding that in this case it's not even something that's possible - please tell me I'm right in this!?)

http://legis.la.gov/lss/lss.asp?doc=112423

"Art. 296. Scope of preliminary examination before and after indictment .....After an indictment has been found by a grand jury, the preliminary examination shall be limited to the perpetuation of testimony and the fixing of bail."

 

[GulfCoastKAT]

I'm stumped. My initial thought was that, if there is a plea agreement, they will utilize this hearing to enter the plea. Entering a plea typically requires the defendant to give testimony before the Judge as to the basic facts, that it is being entered voluntarily, that his counsel has done a good job for him and so forth to cut off any attacks on appeal arguing the guilty plea was wrongfully taken by the Court. Additionally, the Court ultimately has to approve any plea and sentence. Here at least. Not sure about LA.

BUT, we don't call it an evidentiary hearing for the limited purpose of preserving testimony. An evidentiary hearing for the limited purpose of preserving testimony here usually means you have a witness in ill health that may die at any time and you want to preserve their testimony before you lose it all together with an untimely death. Maybe a local can shed more light. Like I said, I'm stumped here. Maybe they're entering the plea but trying to avoid a media circus at the Courthouse so trying to call it something else?

That's what I was thinking- calling it this to avoid the media but I don't think that'll work. The media will be there- ESPECIALLY with all the speculating going on that he led police to Mickey as part of a plea deal.

A friend said maybe they were discussing the evidence in court with the judge to determine what's admissible or not but it seems very early for that type of hearing?

 

[GulfCoastKAT]

Replying to myself here - but I found this tidbit of info. Not sure still what it all means, but seems that this hearing will have some kind of testimony and is where they would set bail (although I'm understanding that in this case it's not even something that's possible - please tell me I'm right in this!?)

http://legis.la.gov/lss/lss.asp?doc=112423

"Art. 296. Scope of preliminary examination before and after indictment .....After an indictment has been found by a grand jury, the preliminary examination shall be limited to the perpetuation of testimony and the fixing of bail."

I'm 99% sure that there is no bail in First Degree Murder cases in Louisiana.

 

[concentric]

Many, many years ago, posting on another crime forum I suggested that there needed to be a technologically advanced rescue "tool kit"/vehicle, etc. to respond to abductions.

That was back in 2002-2004. And someone posted back that "tool kit" was a good term.

I don't know what happened in the intervening years to now.

I do know that I saw Elizabeth Smart on a program and she was trying to develop a carry device.

I just want people to know that waaaaay back in 2002, we were talking about implant chips as possibly being a means to locate not only offenders but the victims. It's been how many years?

 

[RWRNHZ40]

I'm stumped. My initial thought was that, if there is a plea agreement, they will utilize this hearing to enter the plea. Entering a plea typically requires the defendant to give testimony before the Judge as to the basic facts, that it is being entered voluntarily, that his counsel has done a good job for him and so forth to cut off any attacks on appeal arguing the guilty plea was wrongfully taken by the Court. Additionally, the Court ultimately has to approve any plea and sentence. Here at least. Not sure about LA.

BUT, we don't call it an evidentiary hearing for the limited purpose of preserving testimony. An evidentiary hearing for the limited purpose of preserving testimony here usually means you have a witness in ill health that may die at any time and you want to preserve their testimony before you lose it all together with an untimely death. Maybe a local can shed more light. Like I said, I'm stumped here. Maybe they're entering the plea but trying to avoid a media circus at the Courthouse so trying to call it something else?

This. I thought that was the idea surrounding the 'perpetuation of testimony'; was to take a deposition because the witness or whatnot could potentially be unavailable at time of trial...

I would say yes to the idea of trying to avoid the media circus, but KATC actually has the documents submitted by the DA's office about the evidentiary hearing. I don't think they're trying to fake anyone out here. But there has to be a secondary purpose to this.

 

[GulfCoastKAT]

I'm stumped. My initial thought was that, if there is a plea agreement, they will utilize this hearing to enter the plea. Entering a plea typically requires the defendant to give testimony before the Judge as to the basic facts, that it is being entered voluntarily, that his counsel has done a good job for him and so forth to cut off any attacks on appeal arguing the guilty plea was wrongfully taken by the Court. Additionally, the Court ultimately has to approve any plea and sentence. Here at least. Not sure about LA.

BUT, we don't call it an evidentiary hearing for the limited purpose of preserving testimony. An evidentiary hearing for the limited purpose of preserving testimony here usually means you have a witness in ill health that may die at any time and you want to preserve their testimony before you lose it all together with an untimely death. Maybe a local can shed more light. Like I said, I'm stumped here. Maybe they're entering the plea but trying to avoid a media circus at the Courthouse so trying to call it something else?

http://legal-dictionary.thefreedictionary.com/_/dict.aspx?word=Perpetuating+testimony

"The procedure permitted by federal and state discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used.

The usual method of perpetuating testimony is by taking a deposition. It is usually allowed when a witness is aged and infirm or is about to leave the state."

 

[Canaille]

http://www.theadvertiser.com/articl...4022/Hearing-set-Friday-Brandon-Lavergne-case

Hearing set Friday in Brandon Lavergne case

"Fifteenth Judicial District Court Judge Herman Clause set an evidentiary hearing for 10 a.m. Friday in the case of Brandon Scott Lavergne, the man accused of killing Mickey Shunick and Lisa Pate.

Assistant District Attorney Keith Stutes, lead prosecutor in the case, requested the hearing this morning.

The request states that the evidentiary hearing be "limited to the perpetuation of testimony."

Lavergne was indicted July 18 by a Lafayette grand jury for the first-degree murder of Shunick and Pate."


Does anyone understand what this hearing will be about or for? I thought because he already was indicted by the grand jury this wasn't neccessary? Here is what I could find about this kind of hearing: Preliminary hearing - Wikipedia, the free encyclopedia

As per http://legal-dictionary.thefreedictionary.com/Perpetuating+testimony

"The procedure permitted by federal and state discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used.

The usual method of perpetuating testimony is by taking a deposition. It is usually allowed when a witness is aged and infirm or is about to leave the state."

 

[Canaille]

http://legal-dictionary.thefreedictionary.com/_/dict.aspx?word=Perpetuating+testimony

"The procedure permitted by federal and state discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used.

The usual method of perpetuating testimony is by taking a deposition. It is usually allowed when a witness is aged and infirm or is about to leave the state."

LOL! I'm three minutes behind... better than a day late and a dollar short!

 

[rhapsdy]

As per http://legal-dictionary.thefreedictionary.com/Perpetuating+testimony

"The procedure permitted by federal and state discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used.

The usual method of perpetuating testimony is by taking a deposition. It is usually allowed when a witness is aged and infirm or is about to leave the state."

So, wasn't his father (step father? adoptive father? not sure which) in the hospital recently? Maybe he's not doing so well? THIS IS JUST MY THOUGHTS, NOT FACT.

 

[heidisams]

If he called a cab, he could have walked several miles away from the truck so the cab driver wouldn't know about the burning vehicle. Surely there was a home somewhere within a 3 mile radius he could stand in front of. The cab driver would assume he had come out of the house.

If he called a cab I think you're probably right, he would've tried to distance himself as much as possible from the burning truck. Two things about this though, would he risk making a phone call, knowing his cell pings would put him in the area?... And, I assume that the local news has run this story in that area, especially since dwt was abandoned there, and no cabbies have come forward. I'm sure that particular run would stand out to the driver..

Idk, though.

What makes most sense to me is he had help from someone, an unknowing accomplice... Either thought they were helping or in on an insurance scam... Still, that theory involves another person, and he usually acts alone.

All jmo.

 

[megmono]

"I do know that I saw Elizabeth Smart on a program and she was trying to develop a carry device.

I just want people to know that waaaaay back in 2002, we were talking about implant chips as possibly being a means to locate not only offenders but the victims. It's been how many years?[/QUOTE]"

i think about this on a regular basis. someone stated last week that they were gonna get the first and last name tattoed on themselves and my next thought was, 'what if my body decays". i know that marks or tracking devices are iffy when it comes to the bible, people are weary of this bc of the sign of the devil. i was raised the same way, i dont know if i believe it tho.

i took a few days off last week. i needed time for my feelings to figure themselves out. like many, i tethered from anger to sadness. i needed relief. i found myself reading a murder mystery called gone girl. prob not my best choice since i wanted to get away from the whole missing girl train of thought. i read the book in day, very well written. while predictable, i also think its bc we have the csi effect. i found myself watching criminal minds and telling my husband i needed a computer like that. wouldnt that be nice?

hugs to all my ws family. has it been announced officially about the memorial? for those of us who are going, could we meet up prior to? i dont know if this is against rules of any kind. just thought it would be nice since we have spent much of the last three months hanging out and fighting and trying to do the right thing.

 

[WhatsupAZ]

"unleash the lawyers" (uhg, sorry)

Would love to hear from lawyers on what their thought is of this friday hearing. I ope it is to add charges and forge forward with dp!