GUILTY VA - Tina Smith, 41, slain, 12yo daughter abducted, Salem, 2 Dec 2010 - #8

imamaze

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Please continue here.


1206_BrittanyTina.jpg


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belimom

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Thanks, Imamaze and Cubby...

I just wanted to bring my post over from the end of the last thread because I feel that it is important in light of speculation regarding AMc's record.

The following is the Virginia Code for object sexual penetration:


VA Code § 18.2-67.2.

Object sexual penetration; penalty.
A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and...(snipped - continues to describe penalty)..
.​

Furthermore, you can read the court's opinion on a conviction that was upheld about animate object penetration in Virginia - where the terms 'animate' and 'inanimate' are discussed since the State law does not define "animate":

http://www.romingerlegal.com/va_caselaw/virginia/0190952.html

From the above link (note: this case has nothing to do with AMc or BS's case - and it is a public court opinion) (BBM):

"...(snipped)...Bxxx argues that he cannot be convicted of "animate object sexual penetration" under Code 18.2-67.2 because his finger is not an "animate" object. Bell's argument is without merit....(snipped)...

Again, in the above case, the court upheld the conviction of "animate object sexual penetration." So I think the charge can apply to a wide variety of sexual acts, many of which could be 'heavy petting'.

ETA: I'm not trying to take up for AMc by any means, but I do believe imaginations are running wild with these charges... in part, b/c the language is very ambiguous.
 

MBLover

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Idiot should probably want to stay in isolation...

From the news story at the link above:

Easley's lawyer, Tom Roe, will ask jail officials to move Easley from suicide watch. Roe said he had only briefly met with Easley before Friday afternoon's hearing. Roe said Easley expressed concern that he was being kept in isolation.
 

hollyblue

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No job, real estate or auto. So he must have sold his car for cash or bartered for something else.
 

georgiajean

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My question about animate/inanimate was not meant to bring images of other animals into play. So sorry about that!! I should have been clearer. There is a different statute for animals. In this context, animate would mean a part of the defendant that is not normally used for that which it was used for.
Thanks for the links, Belimom!
 

duckingoff

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He might want to reconsider staying in isolation. It could get ugly mixed in with the population.

snipped- "Commonwealth's Attorney Randy Leach said after today's hearing that there was no timetable for charges in Tina Smith's slaying. He wouldn't say whether anyone else was likely to face charges in the case."

http://hamptonroads.com/2010/12/easley-arraigned-abduction-charge-roanoke-county?cid=ltst

I was so hoping formal charges would be announced today. Guess it;s still in hurry up and wait mode. Imagine how TS's family feels not knowing yet.
 

duckingoff

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My question about animate/inanimate was not meant to bring images of other animals into play. So sorry about that!! I should have been clearer. There is a different statute for animals. In this context, animate would mean a part of the defendant that is not normally used for that which it was used for.
Thanks for the links, Belimom!

Georgiajean - I'm sure it's only me that gets confused and lets imagination go off the deep end with the big fancy words. :waitasec: B-mom set me straight :dance:
 

lishac23

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I noticed there wasn't any sexual assault/rape charges. Can we hope that he never "touched" her????
 

duckingoff

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Came across this which I hadn't see before

snipped:
Brittany Smith's grandmother said things might have turned out differently. Dyer said she and a sister both called social services out of concern for Brittany after meeting Easley on Thanksgiving. She said the police asked her not to discuss details of the complaints.

Why would the police ask grandmom not to discuss calls to social services?

http://www6.lexisnexis.com/publishe...&topicId=100020825&docId=l:1320972891&start=9
 

hollyblue

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belimom

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Georgiajean - I'm sure it's only me that get's confused and let's imagination go off the deep end with the big fancy words. :waitasec: B-mom set me straight :dance:

Thank you... :blushing:

Honestly, I had no idea so I decided to google it. I needed to get rid of the one images that was in my own mind and put it to rest. (Read too many James Patterson books...)
 

lishac23

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Came across this which I hadn't see before

snipped:


Why would the police ask grandmom not to discuss calls to social services?

http://www6.lexisnexis.com/publishe...&topicId=100020825&docId=l:1320972891&start=9

IMO...so they wouldn't have to face the possibility that SS dropped the ball and this whole thing could have been prevented. If the calls to social services were made prior to TS death, had a social worker gone to the house to investigate the allegations of child abuse, TS may still be alive/ BS would have never been kidnapped. Even if the correct SS office was not alerted until friday, again if they had gone to the house to investigate, TS may have been found sooner and JE wouldn't have got such a big head start, they could have possibly caught JE and BS coming back to the house for clothes...etc.
 

Patty G

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IMO...so they wouldn't have to face the possibility that SS dropped the ball and this whole thing could have been prevented. If the calls to social services were made prior to TS death, had a social worker gone to the house to investigate the allegations of child abuse, TS may still be alive/ BS would have never been kidnapped. Even if the correct SS office was not alerted until friday, again if they had gone to the house to investigate, TS may have been found sooner and JE wouldn't have got such a big head start, they could have possibly caught JE and BS coming back to the house for clothes...etc.

Did the relatives state "child abuse" when they called DCF or did they state that they obseved Easley touching her arm and her hair?
 

Japandaaa

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He might want to reconsider staying in isolation. It could get ugly mixed in with the population.

snipped- "Commonwealth's Attorney Randy Leach said after today's hearing that there was no timetable for charges in Tina Smith's slaying. He wouldn't say whether anyone else was likely to face charges in the case."

http://hamptonroads.com/2010/12/easley-arraigned-abduction-charge-roanoke-county?cid=ltst

I was so hoping formal charges would be announced today. Guess it;s still in hurry up and wait mode. Imagine how TS's family feels not knowing yet.

I agree. He is better off being isolated than in General Population. I think they are also taking in he could possibly commit suicide if placed on his own alone. A couple of years ago, someone hung themselves on the top floor after being placed off suicide watch. He's a valuable key to the investigation ; so he's got big dreams if he thinks they are going to stop keeping an eye on him.
 

lishac23

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Did the relatives state "child abuse" when they called DCF or did they state that they obseved Easley touching her arm and her hair?

The article doesn't say exactly what terms were used in the report...

http://articles.wdbj7.com/2010-12-09/christmas-party_25184345

<snip>
At least two phone calls were made to Social Services in the days before Brittany Mae Smith disappeared. Those calls were from relatives who were afraid something wasn't right with Jeff Easley and Brittany living in the same house.

A family member called Halifax County Social Services last week and social services confirms that a person who called there got a referral number.

Brittany's step-grandmother told News 7 that she called and made a complaint but was told if there is no physical evidence then nothing can be done.

Its just states that she filed a complaint....however, although SS will not release specifics of the case they do acknowledge that it was a complaint of possible sexual abuse

The Regional Social Services Director would not comment on this specific case because of privacy laws, but Susan Reese said social services workers take children's welfare seriously.

"If we think a child is in danger at all or is in danger of being sexually abused then that's going to be an immediate response," Reese said. "A lot of times when there are situations like this a lot of rumors get started that just aren't true and because of confidentiality a lot of times social sevices can not respond to set the record straight,"

I don't think they failed to respond to the claims because of a christmas party, I understand first hand how extremely heay SS case loads can be. I for one advocate for SS in that it is not their fault that there is a serious lack of funding/staffing to properly take care of situations like these, did they possibly drop the ball....its possible....is it entirely their fault...no
 
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