Found Deceased TN - Evelyn Boswell, 15 months, Sullivan County, 26 DEC 2019 *MOM ARRESTED* #7

[zenzen]

Good post, and I commend your compassion.

I’m going to work harder to keep an open mind, and as you mentioned, the autopsy results may sway the direction.

But I’m worried. I went back and did some reading on the CA case. Some of the jurors on the CA case spoke of the reasons for their verdict.

Some juror comments that jump out at me:

"Bad behavior is not enough to prove a crime" and her actions could be blamed on her family dynamic.

Yeah, the behavior was bizarre, but what I took from that is that the family was very dysfunctional.

Because they were so dysfunctional, that was the norm for them.

They didn't show us a motive.

Casey Anthony Juror: 'Sick to Our Stomachs' Over Not Guilty Verdict

I believe we are all hoping for the same thing - that the truth will come out about how Evelyn died, and that justice be appropriate.

i would hope that doesn't happen and that the punishment fits the crime what ever that may turn out to be
the CA case was a terrible miscarriage of justice, the condition that baby was found left no question as to intent and a callous disregard for life.

 

[Wishbone]

“The judge asked if there was any inculpatory information that the agent had obtained during the investigation. He said yes,” said the D-A.
WHAT DOES THIS MEAN?
Well, it could be an inculpatory confession where the mother implicates herself in her daughter’s death.
But investigators did not use the word confession.
It’s possible she gave a statement implicating someone else.
For now it is unclear.

Nick Beres NC5

 

[Meredith28]

I think that means she's not the one who gave the tip about where baby Evelyn was hidden and I'm not sure how she's going to hold up during a trial. That reaction to information she already knew LE / TBI had to have seen is way overboard. She's not kidding she couldn't take a polygraph!

I was just surprised by how darting her eyes were, especially for what seemed like a lack of movement from the other angle on the camera. I wasn't sure what to make as far as the tip or information. Mostly, she just seemed really scared- for the first time since the investigation has started, IMO.

 

[Mountain_Kat]

Good post, and I commend your compassion.

I’m going to work harder to keep an open mind, and as you mentioned, the autopsy results may sway the direction.

But I’m worried. I went back and did some reading on the CA case. Some of the jurors on the CA case spoke of the reasons for their verdict.

Some juror comments that jump out at me:

"Bad behavior is not enough to prove a crime" and her actions could be blamed on her family dynamic.

Yeah, the behavior was bizarre, but what I took from that is that the family was very dysfunctional.

Because they were so dysfunctional, that was the norm for them.

They didn't show us a motive.

Casey Anthony Juror: 'Sick to Our Stomachs' Over Not Guilty Verdict

I believe we are all hoping for the same thing - that the truth will come out about how Evelyn died, and that justice be appropriate.

I was fortunate enough not to have followed Caylee's case at all until the trial, so WSers let me play 13th juror on forum...just to gauge my reactions to things I hadn't read or heard before. It was an interesting experiment in perspective , to say the least. Many of the things WSers who followed the case closely, and thought was "slam dunk evidence " just came off as nonsense to me. For instance, heart shaped sticker residue found on the duct tape. And Casey had some heart shaped stickers. This child was found in the woods with a lot of debris around her that had nothing to do with the case. There was absolutely NO way to scientifically connect that residue on the tape to the stickers found in Casey's possession. The residue and her stickers didn't even look the same to the naked eye. Stuff like THAT never should have been introduced as evidence, imo.

Now, the reason I say any of this here in this thread is that, imo , there is a lesson to be learned if and when Evelyn's case goes to trial. Especially if it goes to trial here in our immediate area. Not to be offensive, but it is very likely that the jury pool will be filled with well educated and not so well educated jurors. The divide is wide here, if you catch my meaning. Prosecutor, like writers, need to know their audience. Keep it simple is the order of the day.

All JMO.

 

[Kadoober]

An inculpatory statement implicates the guilt of the person making it, not someone else.

I think it's pretty clear.

 

[Meredith28]

An inculpatory statement implicates the guilt of the person making it, not someone else.

I think it's pretty clear.

Agree to an extent, but was it an inculpatory confession? Hopefully we'll know more soon!!! JMO.

 

[steeltowngirl]

“The judge asked if there was any inculpatory information that the agent had obtained during the investigation. He said yes,” said the D-A.
WHAT DOES THIS MEAN?
Well, it could be an inculpatory confession where the mother implicates herself in her daughter’s death.
But investigators did not use the word confession.
It’s possible she gave a statement implicating someone else.
For now it is unclear.

Nick Beres NC5

So unclear, at least to me. I’m trying to sort through the meaning of the legal term inculpatory, and how it’s different from implication or incrimination?

 

[Kadoober]

IANAL, but I imagine if she confessed that would have been a very different hearing.

I think it may be as simple as all of her lies + clothing description.

But who knows right now.

 

[Mountain_Kat]

Inculpatory evidence is evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt. In criminal law, the prosecution has a duty to provide all evidence to the defense, whether it favors the prosecution's case or the defendant's case. Evidence that tends to show a person's innocence is considered exculpatory evidence.

For example, if a man is poisoned to death by an overdose of arsenic, and a bottle of arsenic is found in the purse of his wife, that bottle could be considered inculpatory evidence against his wife. The bottle of arsenic in his wife's purse could also be considered exculpatory evidence, tending to show the man's innocence as far as suicide is concerned.

References[edit]

• Sperry, Len (2006). Dictionary of Legal and Ethical Terms and Issues: The Essential Guide for Mental Health Professionals. New York: Routledge. ISBN 9780415953214. OCLC 68207326.

 

[Mountain_Kat]

IANAL, but I imagine if she confessed that would have been a very different hearing.

I think it may be as simple as all of her lies + clothing description.

But who knows right now.

Exactly. Simply telling investigators that she last saw Evelyn on Dec. 26 and then changing her story , or telling them that Evelyn was with EP , when clearly that was not even possible, could be inculpatory evidence , imo.

ETA: Substitute " incriminating " , or in this case, "self-incriminating" for
" inculpatory ", and you become much less confused. Worked for me, anyway.

 

[MissMalowe]

........
maybe it was cold blooded murder, maybe a terrible accident or neglect... we do not know nor do we have all the information to judge
we each make these assumptions with personal bias due to our life experiences and all our moral outrage and distaste for this family is being shared all over the internet often without any real filter

there seems to be some statements that child services had been involved at times and if so they chose to leave EB in MB's care, if consistent abuse had been a factor where where the people making reports or seeking to get help for this child?

not everyone has the ability or strength of character to rise above their circumstance.

(Respectfully snipped by me for brevity)

I have to disagree with a few points....
Cold blooded murder, accident, or neglect is inconsequential in terms of the way in which Evelyn was disposed after she was deceased. It is not only (imo) disrespectful to a human life, but it is also illegal regardless of the manner in which she died. Murder is illegal. Child abuse and/or neglect is illegal. Even if it turns out to have been an innocent accident, not reporting the death, and improper disposal of a body is still also illegal. Judging that isn't based on assumptions or the arrogance of applying my own life experiences while not taking into account hers. What was done to Evelyn was illegal (and imo, terribly disrespectful) any way you slice it.

As for CPS involvement prior to Evelyn going missing and Evelyn still being allowed to remain in MBs care, I must have missed confirmed reports of this. Can you (or someone/anyone) please provide a link? I'd be interested to give any articles about that a read.

 

[Mountain_Kat]

(Respectfully snipped by me for brevity)

I have to disagree with a few points....
Cold blooded murder, accident, or neglect is inconsequential in terms of the way in which Evelyn was disposed after she was deceased. It is not only (imo) disrespectful to a human life, but it is also illegal regardless of the manner in which she died. Murder is illegal. Child abuse and/or neglect is illegal. Even if it turns out to have been an innocent accident, not reporting the death, and improper disposal of a body is still also illegal. Judging that isn't based on assumptions or the arrogance of applying my own life experiences while not taking into account hers. What was done to Evelyn was illegal (and imo, terribly disrespectful) any way you slice it.

As for CPS involvement prior to Evelyn going missing and Evelyn still being allowed to remain in MBs care, I must have missed confirmed reports of this. Can you (or someone/anyone) please provide a link? I'd be interested to give any articles about that a read.

That's another thing I learned from playing 13th juror on the Caylee Anthony case. A jury does NOT have to have clear evidence of a murder (premeditated or intentional) to charge someone with 1st degree murder in the case of a child. Anyone who knowingly puts a child in a dangerous situation that could result in the death of a child (child endangerment), and does in fact cause the death of a child through those circumstances, can be charged with murder.

(Hope I'm making sense here...I did NOT sleep at all last night.)

 

[Drivingry321]

Knowing what we know now, and watching back the cemetery interview with MB, there are obviously red flags and lies all over the place. What really stuck out to me was her wording in some of the questions.
Specifically..

Reporter: “What is your message to authorities..?

MB: “...they’ve told me before they will arrest me for tampering with evidence...I told them ‘I don’t care if you arrest me for tampering with evidence, if you don’t go up there I’m going to tonight.’ ”

Maybe I’m wrong, but tampering with evidence? Leading LE to your missing child that you’re now claiming to know the whereabouts of? Even if that conversation with LE happened, which I don’t believe it did...Asking you to let them do their job, and not to travel to Mendota yourself, and you say “No, I’m going..” That could be considered obstruction I guess. Insinuating you’d be tampering with evidence regarding EB’s whereabouts twice made my skin crawl.

Around min 5:50
Megan Boswell claims her mother took Evelyn to Mendota, Va., authorities say Monday night search comes up empty

 

[Meredith28]

"Inculpatory means causing blame to be imputed to;to incriminate. For example, inculpatory statement is a statement which attribute liability on the person making such statement. It incriminates or places guilt or responsibility on someone."

Inculpatory Law and Legal Definition | USLegal, Inc.

MB probably did make those statements. After all, they found a baby's body, about the same age as Evelyn, wearing the same clothes that MB described Evelyn wearing before she went missing. For me, her inculpatory statements (whatever they were) don't change the fact that I don't believe a word that comes out of MB's mouth. I feel that the investigation and the forensics are going to be the facts that tell us what happened to sweet Evelyn. With all due respect, MOO.

 

[Wishbone]

Agree to an extent, but was it an inculpatory confession? Hopefully we'll know more soon!!! JMO.

Investigators did not use the word confession.(from the article on NC5) Being caught in her lies is what I believe is going on. IMO

 

[Mountain_Kat]

2010 Tennessee Code :: Title 39 - Criminal Offenses :: Chapter 13 - Offenses Against Person :: :: Part 2 - Criminal Homicide :: :: 39-13-202 - First degree murder.

39-13-202. First degree murder.



(a) First degree murder is:

(1) A premeditated and intentional killing of another;

(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or

 

[Wishbone]

The autopsy report is expected before the end of the week.

Nick Beres NC5

 

[Meredith28]

Updated timeline on the Evelyn Boswell case

 

[anniejanet]

What a little cutie! Damn not another one.

 

[A2FMNST]

I had to put my 13 year old dog, Lila, down on Friday. She had congestive heart failure. I miss her so much!

My heart hurt when I heard about this new development, even though I knew it didn’t look good.

I have been telling myself Evelyn has a beautiful loving dog to play with in heaven.