Questions for our verified Lawyers

Discussion in 'Gabriel Johnson' started by my2sense, Sep 13, 2012.

  1. my2sense

    my2sense Me - in the old country

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    I hope it's okay to start this thread. If there is one already and I missed it, I apologize:blushing:

    Could one of our lawyers answer the question below, if possible? TIA


    Quote:
    Originally Posted by saba View Post
    http://www.courtminutes.maricopa.gov...2/m5413526.pdf

    9/6/2012 TRIAL DAY TWO

    ...Scott Dutcher from the Maricopa County Sheriff’s Office is present.
    The jury is not present.
    Discussion is held as to Defendant’s refusal to be transported, Defendant’s jail
    circumstances and the electronic belt worn during trial proceedings. Defendant is cautioned that there will now be a permanent directive that she be transported by any means necessary for trial...


    BBM: I don't get this. I don't know how this is legal, especially if someone is considered innocent until proven guilty. I'm not saying I think she's innocent (I don't) but how is this constitutional? Can't she waive her right to be there?
    __________________
     
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  3. AZlawyer

    AZlawyer Verified Attorney

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    The judge can force her to be there if he is concerned that she will complain later that, in her absence, her attorneys acted against her interest and direction. In this case, there is about a 100% chance that Elizabeth would do that, given her history.
     
  4. AZlawyer

    AZlawyer Verified Attorney

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    As for the stun belt, IMO that has to be justified by some showing of a security risk. E.g., if the defendant is a big guy who tends to break people's necks when he gets irritated, a stun belt would be a good plan.

    If Elizabeth (when she's there!) has been calm and respectful in court in the past, IMO the judge ought to reconsider the use of the stun belt.
     
  5. dizzychick

    dizzychick Active Member

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    I would like to know if the baby's body is never found will there be any change Ej will be charged for murder? I think I heard they never charge w/o a body but since then Ive heard sometimes they do..thank you for your answers
     
  6. wenwe4

    wenwe4 Active Member

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    AZ . . . A big shout out to you regarding the latest filing on this case . . .

    For your reference . . . . originally posted by Artsy
    "Looks like Marc Victor filed a motion to drop the kidnapping charges."

    https://d1nyaafz93r8iu.cloudfront.ne...-e-johnson.pdf

     
  7. AZlawyer

    AZlawyer Verified Attorney

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    She won't be charged with murder because there isn't enough evidence to convict. Sometimes there's enough evidence without a body, sometimes there isn't. The defendant's text confession, especially if retracted, won't be enough.

    He's just asking to drop the aggravation part of the charge (dangerous crime against a child), on the theory that the "victim" for purposes of the kidnapping statute was Logan, not Gabriel, because "Gabriel was merely a pawn" to make Logan fear for his (Gabriel's) life, thus any harm that came to Gabriel was "merely a side-effect" of her plan to scare Logan. :thud:

    OK, I'm a lawyer, and even I'm kind of shocked by this argument. Creative, yes, but under the circumstances it makes your stomach churn.... :(

    I don't think it will fly, because the kidnapping statute at issue says that you must act with the intent to "place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person"--and the victim is the person you are "restraining"--so I think it's pretty obvious for this one that Gabriel was the "victim" and Logan was the "third person."

    Incidentally, "restraining" includes moving a child from one place to another without the consent of the victim's lawful custodian (which was Logan at the time).
     
  8. wenwe4

    wenwe4 Active Member

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    Thank you so much AZ!!!! I agree it makes your stomach churn just reading it!
     
  9. leighmarker

    leighmarker Nosey in Colorado

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    how much time can she get now that she was not found guilty on all charges-?
     
  10. gitana1

    gitana1 Verified Attorney

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  11. leighmarker

    leighmarker Nosey in Colorado

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    so if the judge is nice, she can get time served?
     

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