The Grand Jury & Trial

[gngr~snap]

http://www.11alive.com/story/news/l...7/17/hot-car-clayton-county-walmart/12808427/

3 ! More children left in a hot car today in GA!!!!
AGES 8,5, and 3months. Dad arrested.
It is happening every damn day!

The grand jury may decide to let him go it is seeming like a normal thing!

#hotcarpatrol
All posts are MOO.

 

[K_Z]

http://mdjonline.com/view/full_stor...y-chocolate-appeal-by-death-row-inmate-denied

Caution, a little lewd. Judge Staley needs to maintain a professional demeanor at all times, IMO. Hopefully she knows she'll be in the national spotlight sitting on this case and she won't entertain any disrespectful shenanigans. I'll assume she learned her lesson after the situation she tolerated during the above-cited DP trial.

IMO

Suffice to say, Judge Mary Staley is a controversial figure. There is some absolutely blistering criticism of her courtroom management style online, but I'm not sure if it is allowed to be linked here. One could find it pretty easily by searching under her name, as well as "Reverand OJ Brown and Wanda Spann".

These articles linked below are very professional and MSM. The second link was written in 2009, and profiles the Judge and her career. From my calculations, she is 61 years old. She is the most senior judge on the superior court bench. She has had 3 death penalty cases, at least two of which the defendant received a death sentence (Lawrence Rice and Marcus Wellons). I haven't researched the last one (yet-- maybe someone else has time?) From comments in another article, even if a change of venue (COV) within the state of GA is requested and granted, she will remain the Judge on the case.

http://www.dailyreportonline.com/re...616187678&curindex=25&slreturn=20140618094257

http://www.dailyreportonline.com/id...udge-Mary-Staley?mcode=0&curindex=0&curpage=2

Her record includes three death penalty cases. The most recent was Lawrence Rice, who was sentenced to death last year for the 2003 beating deaths of a woman and her 14-year-old son.

The Marcus Wellons case (the lewd chocolates, and possible Judge/ juror misconduct) was appealed up to the US Supreme Court. Here is the opinion from that (and quite an interesting read, I might add):

http://www.supremecourt.gov/opinions/09pdf/09-5731.pdf

Petitioner Marcus Wellons was convicted in Georgia state court of rape and murder and sentenced to death. Although the trial looked typical, there were unusual events going on behind the scenes. Only after the trial did defense counsel learn that there had been unreported ex parte contacts between the jury and the judge, that jurors and a bailiff had planned a reunion, and that “either during or immediately following the penalty phase, some jury members gave the trial judge chocolate shaped as male genitalia and the bailiff chocolate shaped as female breasts,” 554 F. 3d 923, 930 (CA11 2009). The judge had not reported any of this to the defense.

Now, maybe it's just my opinion, but if/ when RH's case proceeds to trial, this issue of the "boxes of chocolates" will rise again for public scrutiny. And here's a little coincidence-- Marcus Wellons was executed June 17, 2014, just hours before Cooper died.

http://www.ajc.com/news/news/breaking-news/wellons-files-federal-appeal-to-delay-execution-fo/ngMpK/

Georgia inmate Marcus Wellons was put to death late Tuesday for the 1989 rape and murder of a Cobb County teenager in the state’s first execution where the source of its lethal-injection drug was cloaked in secrecy.

 

[gngr~snap]

Suffice to say, Judge Mary Staley is a controversial figure. There is some absolutely blistering criticism of her courtroom management style online, but I'm not sure if it is allowed to be linked here. One could find it pretty easily by searching under her name, as well as "Reverand OJ Brown and Wanda Spann".

These articles linked below are very professional and MSM. The second link was written in 2009, and profiles the Judge and her career. From my calculations, she is 61 years old. She is the most senior judge on the superior court bench. She has had 3 death penalty cases, at least two of which the defendant received a death sentence (Lawrence Rice and Marcus Wellons). I haven't researched the last one (yet-- maybe someone else has time?) From comments in another article, even if a change of venue (COV) within the state of GA is requested and granted, she will remain the Judge on the case.

http://www.dailyreportonline.com/re...616187678&curindex=25&slreturn=20140618094257

http://www.dailyreportonline.com/id...udge-Mary-Staley?mcode=0&curindex=0&curpage=2



The Marcus Wellons case (the lewd chocolates, and possible Judge/ juror misconduct) was appealed up to the US Supreme Court. Here is the opinion from that (and quite an interesting read, I might add):

http://www.supremecourt.gov/opinions/09pdf/09-5731.pdf



Now, maybe it's just my opinion, but if/ when RH's case proceeds to trial, this issue of the "boxes of chocolates" will rise again for public scrutiny. And here's a little coincidence-- Marcus Wellons was executed June 17, 2014, just hours before Cooper died.

http://www.ajc.com/news/news/breaking-news/wellons-files-federal-appeal-to-delay-execution-fo/ngMpK/

It might, but around here people just say "that was 21 years ago and it hasn't happened since".

All posts are MOO.

 

[K_Z]

Posting this in the GJ/ trial thread, as it's closest to "legal questions"!

Georgia apparently has a "Sunshine Law" for transparency in government business. I have read several things online about this, but would like someone with more local or more legal knowledge to weigh in.

Does the existing Georgia Sunshine Law pertain to evidence in criminal cases, as was the case in Florida with Casey Anthony? Lots of posters have commented that it would be interesting to see such things as official interviews, surveillance videos, etc, in this case. Will these kinds of evidence be available to news media who put in the proper request? I'm not sure how to interpret the stuff I've read. For instance, would such things only be available after the trial is over? Would they be able to be requested as public record, once entered into evidence (assuming there is a trial)?

I know that Sunshine Laws are not universally embraced by those in the legal system-- some Judges might try to throw up roadblocks, etc. I'm just wondering if Georgia's sunshine laws will likely make a lot of the evidence available to the public, or not? Is there any way to determine this at this point in time? The first quote below seems to indicate that this issue is far from settled in Georgia.

Court records

In Green v. Drinnon, a 1992 case, the court ruled that tapes of court proceedings are public records.

In Fathers Are Parents Too v. Hunstein in 1992, a court said that the law doesn't apply to the judicial branch of government.

In Atlanta Journal and Constitution v. Long, a 1988 case, a judge wrote that there is a "presumption that the public will have access to all court records."

In City of Helen v. White County News in 1996, a court ruled that records of settlement agreements involving government entities are subject to the law. If the settlement agreement has a confidentiality provision, that provision "is invalid and void as against the public policy of this State."[8]

http://ballotpedia.org/Georgia_Open_Records_Act#Court_records

http://www.cordeledispatch.com/local/x192353654/Georgia-s-sunshine-laws-revamped

http://hullbarrett.com/attorneys/documents/GASunshineLaws.pdf

http://onlineathens.com/stories/031311/new_798776529.shtml

This one refers to municipal meetings, minutes, etc-- not criminal evidence.

http://www.gmanet.com/Assets/PDF/Publications/openrecords.pdf

 

[gngr~snap]

Posting this in the GJ/ trial thread, as it's closest to "legal questions"!

Georgia apparently has a "Sunshine Law" for transparency in government business. I have read several things online about this, but would like someone with more local or more legal knowledge to weigh in.

Does the existing Georgia Sunshine Law pertain to evidence in criminal cases, as was the case in Florida with Casey Anthony? Lots of posters have commented that it would be interesting to see such things as official interviews, surveillance videos, etc, in this case. Will these kinds of evidence be available to news media who put in the proper request? I'm not sure how to interpret the stuff I've read. For instance, would such things only be available after the trial is over? Would they be able to be requested as public record, once entered into evidence (assuming there is a trial)?

I know that Sunshine Laws are not universally embraced by those in the legal system-- some Judges might try to throw up roadblocks, etc. I'm just wondering if Georgia's sunshine laws will likely make a lot of the evidence available to the public, or not? Is there any way to determine this at this point in time? The first quote below seems to indicate that this issue is far from settled in Georgia.



http://ballotpedia.org/Georgia_Open_Records_Act#Court_records

http://www.cordeledispatch.com/local/x192353654/Georgia-s-sunshine-laws-revamped

http://hullbarrett.com/attorneys/documents/GASunshineLaws.pdf

http://onlineathens.com/stories/031311/new_798776529.shtml

This one refers to municipal meetings, minutes, etc-- not criminal evidence.

http://www.gmanet.com/Assets/PDF/Publications/openrecords.pdf

Requests pursuant to the Open Records Act (OCGA § 50-18-70 et seq.) may be directed to:
Capt. T.R. Alexander
140 North Marietta Parkway
Marietta, GA 30060
policeopenrecordsofficer@cobbcounty.org

http://www.cobbcounty.org/index.php?option=com_content&view=article&id=682&Itemid=445
The media can get almost anything. I did see the autopsy would not be released until trial.
People can also go in and view them as well.
http://www.gapress.org/sunshine.html

 

[Lovejac]

Sooooooo, who in Marietta wants to go for us :biggrin:

 

[K_Z]

Sooooooo, who in Marietta wants to go for us :biggrin:

Hmmmm.....maybe we should task Musikman with some corporate travel orders!

(Or......maybe......a certain "ginger flavored cookie" WS member, lol!) :loveyou:

 

[gngr~snap]

Hmmmm.....maybe we should task Musikman with some corporate travel orders!

(Or......maybe......a certain "ginger flavored cookie" WS member, lol!) :loveyou:

Maybe... no promises, I don't own a car anymore. My DH (and I say that through clenched teeth) sold my (well it was in his name) 2003 Expedition. This cookie is feeling pretty crunchy right now!
However if it's something everyone really,really, wants and I have to go in person, I can get my dad to take me.

 

[Edwards20]

Am I totally off base here? With regards.to the video, I think it falls under "investigation or prosecution of criminal or unlawful" activity:

law.ga.gov/sites/.../186385699r1.pdf

 

[Edwards20]

Removed duplicate post

 

[gngr~snap]

Does anyone have acces to the NY TIMES?

 

[Frigga]

Does anyone have acces to the NY TIMES?

Yes, We get the sunday paper edition. What's up?

 

[Lovejac]

Hmmmm.....maybe we should task Musikman with some corporate travel orders!

(Or......maybe......a certain "ginger flavored cookie" WS member, lol!) :loveyou:

Musikman! Our Anthony go-to man! Ah, good times and late nights reading those doc dumps :findinglink:

 

[EvilSoup]

Maybe... no promises, I don't own a car anymore. My DH (and I say that through clenched teeth) sold my (well it was in his name) 2003 Expedition. This cookie is feeling pretty crunchy right now!
However if it's something everyone really,really, wants and I have to go in person, I can get my dad to take me.

Where is AtTheLake? Maybe she could go? I live too far away now or I would go.

 

[K_Z]

Maybe... no promises, I don't own a car anymore. My DH (and I say that through clenched teeth) sold my (well it was in his name) 2003 Expedition. This cookie is feeling pretty crunchy right now!
However if it's something everyone really,really, wants and I have to go in person, I can get my dad to take me.

Our most sincere thank you in advance, "ginger flavored cookie" member! Any local input you can provide will be great, and most appreciated! Any input that doesn't inconvenience you, or any friends or family. I think a bunch of us are in this case for the long haul-- to the end. Thanks for anything you can add, from a local perspective-- especially local perspective and opinions!

(I was just teasing a bit-- please don't feel obligated! Life is complicated!) :loveyou:

 

[tlcya]

:wave: Edwards

Thanks for that link.

ETA it does not work without credentials but I can source it elsewhere.

 

[tlcya]

50-18-72(a)(4) is the authority I think and that says releasing those records (evidence) is discretionary. see page 34 http://www.gfaf.org/resources/resourcesBlueBook.pdf

 

[tlcya]

§ 50-18-72. When public disclosure not required

(a) Public disclosure shall not be required for records that are:

SNIP

(4) http://www.breezecard.com/htm/OCGA50-18-72.pdf

 

[gngr~snap]

Yes, We get the sunday paper edition. What's up?

Nothing. It looked like there was an article on July 11 that the AJC got with the AP ( Associated Press)
and they went with RH brother to view surveillance cams video. I couldn't see it, but now we know it's true. I went and got a paper. HUGE ARTICLE.
I posted here.

http://www.websleuths.com/forums/showthread.php?p=10768191

 

[hopingicanhelp]

It might, but around here people just say "that was 21 years ago and it hasn't happened since".

All posts are MOO.

Wow... shows what one can "miss" when reading through the threads -- thanks for pointing out it was TWENTY-ONE YEARS AGO AND HASN'T HAPPENED SINCE because the way I understood it, it was just around the corner from today...

Not that we shouldn't be questioning those in positions of authority & power -- totally believe in that.. just sayin'.... why did I miss that?