TN - Joann, 31, & Adrienne Bain, 14, Whiteville, 27 April 2012 - #3

[jjenny]

FYI, I wonder if the motive for TM committing murder has to do with jealousy. If AM altered appearances of both Joann and Adrienne (which I read on the previous thread but had not seen in MSM), then it seems that he had other plans rather than killing them.

What a terrible, sordid, awful mess... :cry:

Police affidavit doesn't allege she killed them personally. It says she was present when AM killed the mother, and also knew that he killed the older girl. Sounds like he is the one accused of actually committing these murders, and also sounds like it was intentional.

 

[HaikuMommy]

That is far enough away no one would have heard much. Makes you wonder if he laid in wait for them to come out to go to school. That is the only way I can see getting them all out of the house without noise.

I don't think so, because the cell phones and backpacks were in the house. With this new info, I think he PLANNED to kill JoAnn (was mad at her). Took her to the garage and shot her that night. Went back and got all the girls in the car with a ruse. Killed Adrienne somewhere else (maybe where the SUV was left?) and took the 2 little ones. :-( So sick!

 

[palaminodee]

Authorities have said Mayes was a family friend who was staying with the Bains on April 27, the day the mother and children disappeared. Before he fled, he admitted to authorities that he was the last person to see Jo Ann Bain and her daughters before the disappearance, according to an affidavit filed with the court.

I did not recall hearing AM admitting he was the last to see the Bains?

http://www.djournal.com/view/full_s...2-p-m--on-Mayes-case?instance=home_news_right

 

[passionflower]

Since wife got charged with2 1st degree murders, IMO to prove it she has confessed to 'helping' him murder the 2 victims. Just watching IMO, would be accomplice????
She got charged so quick! JMOO

 

[Patty G]

As off the wall as my comment will sound, I actually feel bad for Teresa as I feel she was put in this situation "perhaps" not by choice. Listening to her sister's interview, it appears Teresa may be challenged, and a victim of Adam's abuse.

Thankfully she came forth with what happened, so that LE has a better understanding of how everything went down. I sure hope she had an attorney sitting by her side when she gave LE all this information.

 

[jjenny]

I don't understand the killing of the other two either. What was his reasoning behind that??

According to the affidavit, the two younger girls are the ones he actually was intending to kidnap.

 

[HaikuMommy]

Since wife got charged with2 1st degree murders, IMO to prove it she has confessed to 'helping' him murder the 2 victims. Just watching IMO, would be accomplice????
She got charged so quick! JMOO

On the cop shows, if you drive the getaway car, and your friend goes in to rob a liquor store, and the clerk pulls a gun, and your friend shoots the clerk, both he and you (the getaway driver) get charged with murder.

If someone dies in the commission of a felony (armed robbery, kidnapping, etc.), anyone involved in committing that felony can be charged with murder.

 

[Ghostwheel]

I don't think so, because the cell phones and backpacks were in the house. With this new info, I think he PLANNED to kill JoAnn (was mad at her). Took her to the garage and shot her that night. Went back and got all the girls in the car with a ruse. Killed Adrienne somewhere else (maybe where the SUV was left?) and took the 2 little ones. :-( So sick!

Did not read about the cell phones and backpacks in an article. Must have missed it. Wait. If the backpacks were in the house, why didn't GB think something was wrong earlier? Your kids wouldn't go to school without their backpacks. You would not think ALL of them forgot.

 

[jjenny]

On the cop shows, if you drive the getaway car, and your friend goes in to rob a liquor store, and the clerk pulls a gun, and your friend shoots the clerk, both he and you (the getaway driver) get charged with murder.

If someone dies in the commission of a felony (armed robbery, kidnapping, etc.), anyone involved in committing that felony can be charged with murder.

Yes, according to the affidavit, they are not alleging TM committed those murders personally. But kidnapping is a felony, and as she allegedly participated in that, presumably they are able to charge her with murders as well as kidnapping.

 

[nursebeeme]

As off the wall as my comment will sound, I actually feel bad for Teresa as I feel she was put in this situation "perhaps" not by choice. Listening to her sister's interview, it appears Teresa may be challenged, and a victim of Adam's abuse.

Thankfully she came forth with what happened, so that LE has a better understanding of how everything went down. I sure hope she had an attorney sitting by her side when she gave LE all this information.

just my :twocents: but until I hear more details and info and these other two girls are recovered I have zero feelings about Teresa who has been charged with four counts of agg kidnapping and now first degree murder

:moo:

 

[AfterSunset]

I wonder where he killed poor Adrienne. Same town? What does that mean?

From what I read in the article, he killed Adrienne in the same garage outside the house where he killed Joann.

 

[tehcloser]

First Degree..........she did more than watch imo.

 

[SeaEclipse]

Since wife got charged with2 1st degree murders, IMO to prove it she has confessed to 'helping' him murder the 2 victims. Just watching IMO, would be accomplice????
She got charged so quick! JMOO

Does TN have a felony murder statute? Because, if so, then "watching" him murder would be sufficient for her to be charged if the murder was committed as "part of" the kidnapping in which she participated. I'm guessing that this is the reason for the last sentence in the affidavit specifying that the murders were directly related to the kidnapping.

ETA: They may or may not think she did more than watch, but if the "doing more than watching" was required to make the murder charge stick, they would *have to* allege it in the affidavit supporting the charge... which they do not.

 

[Mendara]

So if the plan was only to kidnap the two youngest, I have three questions:
1. did he PLAN to kill JB and Adrienne?
2. or did he get caught by mom and/or Adrienne loading up the girls and that's how they got killed?
3. what was his main motivation for planning to take the 2 youngest? (most likely scenarios seem to be either believing they were his biokids or sexual crimes or both)

Since he stayed local after they went missing and was even questioned. I am guessing his plan was to make it look like mom ran away with her kids and left her husband. Sounds like he killer mom and daughter and had his WIFE drive them out of town, while he stayed. Did she also take the girls with her? Did he meet up with them later? He buried them on his property thinking he would notbe a suspect obviously he is not very smart. After being questioned by LE (LE states he gave them false info leading them in a different direction) he then fled.

I hope he took the girls for love and not sex and I PRAY that he does not panic and kill them too.
mo

 

[jjenny]

Since he stayed local after they went missing and was even questioned. I am guessing his plan was to make it look like mom ran away with her kids and left her husband. Sounds like he killer mom and daughter and had his WIFE drive them out of town, while he stayed. Did she also take the girls with her? Did he meet up with them later? He buried them on his property thinking he would notbe a suspect obviously he is not very smart. After being questioned by LE (LE states he gave them false info leading them in a different direction) he then fled.

I hope he took the girls for love and not sex and I PRAY that he does not panic and kill them too.
mo

I agree. If they all gone missing, police could have assumed the mother just run off with her kids. In fact it appears police might have assumed so in the very beginning. If he is only interested in younger two children, the other two could be the part of the plan to prevent police from figuring out they were kidnapped.

 

[SurfieTX]

I wonder if it was Jo Ann's idea to move back to Arizona due to the kids' health issues, and that's what made him so mad at her.

 

[Ghostwheel]

According to the affidavit, the two younger girls are the ones he actually was intending to kidnap.

Yes, but why kill the other 2? Why not just kidnap the younger ones? There is no reason to kill JB and AB unless he was angry at JB (or GB and wanted to hurt him) or JB/AB interfered with his trying to take the two younger girls.

Can anyone think of any other reason?

 

[AfterSunset]

Did not read about the cell phones and backpacks in an article. Must have missed it. Wait. If the backpacks were in the house, why didn't GB think something was wrong earlier? Your kids wouldn't go to school without their backpacks. You would not think ALL of them forgot.

In GB's defense, I have to say my hubby would not know if our little one took her backpack to school or not...he does not "do" the morning routine except once every two weeks and that is only to drive her to school....I'm the one that makes sure she has everything :/

 

[tehcloser]

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
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

(b) No culpable mental state is required for conviction under subdivision (a)(2) or (a)(3), except the intent to commit the enumerated offenses or acts in those subdivisions.

(c) A person convicted of first degree murder shall be punished by:

(1) Death;

(2) Imprisonment for life without possibility of parole; or

(3) Imprisonment for life.

(d) As used in subdivision (a)(1), “premeditation” is an act done after the exercise of reflection and judgment. “Premeditation” means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill pre-exist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.

http://www.wctpc.com/tca/first-degree-murder.html

 

[nursebeeme]

Does TN have a felony murder statute? Because, if so, then "watching" him murder would be sufficient for her to be charged if the murder was committed as "part of" the kidnapping in which she participated. I'm guessing that this is the reason for the last sentence in the affidavit specifying that the murders were directly related to the kidnapping.

ETA: They may or may not think she did more than watch, but if the "doing more than watching" was required to make the murder charge stick, they would *have to* allege it in the affidavit supporting the charge... which they do not.

http://www.tennesseecriminallawyerblog.com/2008/11/homicide_first_degree_murder_f_1.html

yes they do (and good point)