Found Deceased WA - Jenise Wright, 6, Bremerton, 2 Aug 2014 - #11 *Arrest*

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I thought the Supreme Court decided that if the defendant is under 18, they cannot be sentenced to LWOP. Does that ruling not apply here? :confused:
 
Suthrnqt said:
I thought the Supreme Court decided that if the defendant is under 18, they cannot be sentenced to LWOP. Does that ruling not apply here? :confused:
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I'm not sure if it would apply to GG at all since he is being tried as an adult IIRC.

But I did find this:
"Life without parole is still possible for juvenile aggravated murderers in Washington if they were 16 or older at the time of the crime."

http://www.kplu.org/post/washington-juvenile-killers-could-get-second-chance-release
 
La Louve said:
I'm not sure if it would apply to GG at all since he is being tried as an adult IIRC.

But I did find this:
"Life without parole is still possible for juvenile aggravated murderers in Washington if they were 16 or older at the time of the crime."

http://www.kplu.org/post/washington-juvenile-killers-could-get-second-chance-release
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Thanks for finding that. I really wasn't sure how or if the Supreme Court ruling applied here. Especially with GG being charged as an adult. Now I know. :)
 
PORT ORCHARD — Murder suspect Gabriel Gaeta appeared in court on Friday with Roger Hunko, one of his two defense attorneys, but proceedings are not moving along as quickly as Superior Court Judge Jennifer Forbes would like.
...
“You need to be getting an omnibus order in,” she advised Hunko.
...
On Sept. 25, the date of Gaeta’s last court appearance, Gaeta’s other defense attorney Jeniece LaCross, had requested an omnibus hearing, but the defense was not ready on Friday to present its argument.

http://www.centralkitsapreporter.com/news/337587421.html

Why are they dragging their feet? First it was all the hoopla over psych evaluations and now the defense team can't get their act together for the omnibus hearing. The trial's supposed to begin on January 11, 2016. Ooh, I'm gonna be so mad if it gets delayed because of all these shenanigans! :mad:
 
I'm sure it will be delayed, MsM. That's how every case I've followed works out, and it's infuriating to see the foot-dragging that goes on. I feel so sorry for families in these cases. :(
 
So as I understand it, an omnibus hearing is not standard protocol. It sort of implies GG intends to plead not guilty by reason of insanity, right? Then why did he refuse the psych evaluation? Maybe he was afraid he couldn't trick the psychiatrist with his silence and snot? MOO


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Peppery said:
So as I understand it, an omnibus hearing is not standard protocol. It sort of implies GG intends to plead not guilty by reason of insanity, right? Then why did he refuse the psych evaluation? Maybe he was afraid he couldn't trick the psychiatrist with his silence and snot? MOO


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Ack! I forgot about the snot, lol. IMO an insanity defense would be tough since GG hid Jenise's body and tried to get out of the DNA testing, which implies that he knew right from wrong. But who knows?

An omnibus hearing is like a long punch list where both sides try to get all their ducks in a row before the trial begins. Any outstanding issues or arguments are addressed, the court makes sure the defendant has adequate representation and his/her constitutional rights are protected, etc. There's more to it but yes, a defendant can change his/her plea at the time, including to not guilty by reason of insanity. Here's a link that explains it better than I can:

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CrR&ruleid=supCrR4.05

Oops! In answer to your question I think each state sets its own rules about whether or not omnibus hearings are held. They seem to be standard in Washington State for certain crimes although they can be waived:

If there will be no pre-trial motions or hearings in a case, and all parties agree that an omnibus hearing
would not be beneficial, waiver of the hearing may be requested by written stipulation which shall be signed by
counsel and defendant. Such a request constitutes an assurance that the case is ready for trial on the date set
and that all pre-trial matters have been disposed of.

https://www.courts.wa.gov/court_rul...perior&set=supben&ruleid=superiorsupben704.05
 
According to Jenise's mother on Facebook (through the Justice for Jenise Wright group), the next court date is a pre-trial hearing on January 15. The trial is slated to start on March 28.

I'm not sure if a screenshot or a link is appropriate here, but I will provide either as proof if it complies with the rules.
 
TweekTweak said:
According to Jenise's mother on Facebook (through the Justice for Jenise Wright group), the next court date is a pre-trial hearing on January 15. The trial is slated to start on March 28.

I'm not sure if a screenshot or a link is appropriate here, but I will provide either as proof if it complies with the rules.
Click to expand...

I am almost positive it's ok to post links to official family fb pages about cases .

ETA https://www.facebook.com/groups/247405018803142/
 
According to the calendar http://www.websleuths.com/forums/calendar.php GG's trial starts today? I can't find anything else about it online apart from the article linked in the calendar.

Gaeta is next scheduled to appear in court at 1:30 p.m. Sept. 25 for another pre-trial hearing. Trial is scheduled to begin Jan. 11.
 
TweekTweak said:
According to Jenise's mother on Facebook (through the Justice for Jenise Wright group), the next court date is a pre-trial hearing on January 15. The trial is slated to start on March 28.

I'm not sure if a screenshot or a link is appropriate here, but I will provide either as proof if it complies with the rules.
Click to expand...

Oh duh!

I'm not fully awake yet...
 
the entry may have been made prior to a delay. the calendar links to an article that states trial begins 1-11-16

[FONT=Source Sans Pro, sans-serif]Gaeta is next scheduled to appear in court at 1:30 p.m. Sept. 25 for another pre-trial hearing. Trial is scheduled to begin Jan. 11.[/FONT]

http://www.bremertonpatriot.com/news/322639071.html

[FONT=Source Sans Pro, sans-serif]When I get to work I will try to update the calendar with new dates.[/FONT]
 
Why do I feel another delay will happen ?
 
'Cuz there just can't be enough delays for this guy's trial. :mad: C'mon already!
 
So did the pass his mental health evaluation/ Competency Review yet?
 
katydid23 said:
So did the pass his mental health evaluation/ Competency Review yet?
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Well... His competency hearing was rescheduled a few times then we heard nothing until late October 2014 when his attorneys told the judge he was competent to stand trial. He was supposed to be evaluated at Western.

A person is competent to stand trial if he understands the charges and is able to participate in his own defense.

"Mr. Gaeta meets that criteria at this time and we stipulate to his competency," wrote Gaeta's attorney, Roger Hunko.

"If forced to go through a competency evaluation I as lead counsel would advise him not to answer any questions at this time and to rely on his Fifth Amendment rights," Hunko said.

The Fifth Amendment of the U.S. Constitution protects defendants from self-incrimination.

A deputy prosecutor on the case said appellate court decisions gave weight to the opinions of defense attorneys.

"At this point he is competent, and we are glad to put that issue to rest," said Deputy Prosecutor Chad Enright.

http://www.kitsapsun.com/news/gaeta...or-jenises-murder-ep-731562337-355171141.html
http://www.kirotv.com/news/news/accused-killers-attorneys-say-hes-competent-stand-/nhxZ4/

Roger Hunko is one of Gaeta's defense attorneys - Jeniece LaCross is the other one. So I guess it's a done deal.
 
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