Stacey Barker- Change Of Venue Motion Denied

Los Angeles Superior Court in Lancaster CA










Thanks to our friends, Toria, the good twin, and anurse, who took time out to attend another pretrial hearing in the case of California vs. Stacey M. Barker and update us on what happened in court.


February 18, was a busy day at the Antelope Valley (AV) Municipal Courthouse in Lancaster, CA. Three busloads of prisoners were brought over from the Century Regional Detention Facility in Lynwood. (That’s a 90 mile drive.) The head count was short one prisoner, so nothing could begin until all of the prisoners were accounted for.


It was about an hour and a half before Stacey Barker was brought into the courtroom. Barker didn’t look very happy, her hair was down and disheveled and she had a mad face for everyone.


Superior Court Judge Hayden Zackey presided over this hearing. Deputy District Attorney (DDA) S. Kelly Cromer is representing the people and Stacey Barker is being represented by Public Defender (PD) Roberto F. Dager.
　
The hearing only lasted 20 minutes. Evidently some of the motions that were filed at the hearing on January 14 were dealt with during the in camera hearing held on January 28. There was no mention of the Pitchess Motion so that information must have been turned over in camera.


The Motion for Change of Venue was denied. Judge Zackey said that he will keep the case in his court. Judge Zackey must have issued his order denying the motion earlier because PD Dager already seemed aware of the court’s ruling and added he expects the this case will go to trial soon. (no date set yet that we know of)


There was some discussion about discovery. At the January 14 hearing, the defense filed a motion for some discovery. The defense wanted a video made by the Field Investigation Service Unit (FISU) of the crime scene and also wanted raw notes or a written report from the FISU employees who made the video. It was determined during that hearing there are no raw notes or written report, but the state must have turned the video over.


We didn't hear what (if any) motions were filed by either party today, but wonder if the state filed a Discovery Motion for reports from expert witnesses. PD Dager told the court that Dr. Harry Bonnell, a Forensic Pathologist will testify there are tests that Dr. Ribe failed to perform on Emma that would change the cause and manner of death. DDA S. Kelly Cromer asked Dager what tests weren’t performed? Dager said. “I forget what tests he told me they were.” Cromer continued to press for details about Dr. Bonnell’s testimony until Dager told the Judge, I forget what he said, I didn’t keep notes or write it down. Dager continued, The people can call him just like I did and he will tell her like he told me. I don't want to be like some LE who get up there and lie or make things up ( I think it is safe to say there is NO love loss between the parties here or at the very least they are both passionate about their opposing roles. LOL)



PD Dager informed the court he still doesn’t have the “Ribe Box” that was requested in his Brady Motion filed on January 14. (I don’t have the state’s response to this statement things can move fast in court )PD Dager also told DDA Cromer he wants the raw notes from the coroner’s investigator. Cromer responded that any notes would be included on the Coroner’s report and the defense has that. Dager said no, he wants the raw notes. Cromer said she doesn’t know if there were any.



Mr. Dager asked Judge Zackey for permission to take his laptop into the jail. He said he has the Barker case on his laptop and he has evidence that he wants his client to see. The Judge said he didn’t mind if the defense took the laptop into the jail; however, it really isn’t up to the court ,it’s up to the jail administrator. ( The only new evidence that we know of is the observation report from the jail that Cromer said she would turn over to Dager. Phone calls/ video ???)


Hopefully all of these loose ends will be taken care of by the next scheduled hearing on March 8 so that a trial date can be set. Stay tuned.


March 19 will mark the one year anniversary that Stacey Barker led police to her baby's body, that she admits she dumped on the side of the freeway after Emma died the day before. The question of Emma's death being a murder (as the state contends) or accident (as Barker claims)is for the jury to decide. Barker remains held on a 1 million dollar bond. If convicted on the murder charge, Barker faces a maximum of 25 years to life in prison. Sphere: Related Content

Stacey Barker Defense Asks For Change Of Venue- UPDATED 2/10/10

UPDATE 2/10- added to bottom of this entry

On January 14 there was another pretrial hearing in the case of California vs. Stacey M. Barker at the Antelope Valley (AV) Municipal Courthouse in Lancaster, CA.

Stacey Barker is a 25 year old woman from Lancaster, CA accused of suffocating her 18 month old daughter, Emma Leigh Barker, to death on March 18, 2009. On April 27 Barker was arrested and the charges filed against the young mother include murder, assault on a child causing death and child abuse. The complaint alleges that Barker willfully caused and permitted the child to be injured and harmed and that injury resulted in death. Booking details. Barker formally entered a not guilty plea to all counts on August 12, 2009.

As noted in earlier posts on katfishponders about this case, friends of katfishponders are attending the hearings in this case. The information provided here is compiled from various posts and e-mail correspondence about the hearing details so this report is not verbatim and may not be reported in the exact order that it was in court.

Superior Court Judge Hayden Zackey presided over this hearing. Deputy District Attorney (DDA)S. Kelly Cromer is representing the people and Stacey Barker is being represented by Public Defender (PD) Roberto F. Dager.

The defense filed several motions that were addressed in court today. (We are trying to get copies of the motions.) They were a Change of Venue motion, a Discovery motion, a Pitchess motion and a Brady motion.

The first motion addressed was a defense request for a Change of Venue. PD Dager told the court the case has received so much attention in the AV that it is tainting the jury pool (jerking his thumb back towards the camera and reporter from Time Warner, a local cable company, that are in court filming today‘s proceedings, as if to make his point). Mr. Dager said the local newspaper has ran 15-16 stories on the case and added there are internet blogs that are reporting on this case. He said,” These dumb, stupid, idiotic, moronic people blog on things they don’t know or things they think they know in an effort to turn people or potential jurors against my client.” ( Dager reportedly tipped his head in direction of “our friends” as he said this....whatever.)

Judge Zackey cited some case law that we were not able to get down (sorry) and said there are 5 points to consider before a Change of Venue could be granted or denied. Although the judge didn’t make a ruling he did address the 5 points in relation to this case:
1. Nature and Gravity of the Crime.
A child being killed is not a cause for Change of Venue. This court has heard other cases of children being killed.
2. Nature and gravity of news coverage.
The news media was at a peak for a while, acknowledging there was even national coverage for a time, such as CNN, Nancy Grace, and other major news outlets, that coverage was almost a year ago and has died down.
3. Size of the community.
You ( defense) have only included Lancaster and Palmdale in your argument that the jury pool is only about a thousand people. The jury pool extends as far as Santa Clarita and outlying areas, there are many more potential jurors in our AV jury pool. (Antelope Valley is part of Los Angeles County)
4. Status of family in the community.
The Barker family is not well known in the community aside from their own circle of friends and family.
5. Prominence and popularity of the victim in the community.
The victim is a child of a very young age and jurors in any community will have sympathy for a small child that has been killed whether it be in LA, the AV, or any other community in the land. It should be noted that Dager interrupted and said, ”found dead”. The judge corrected himself and said, “found dead”.

Judge Zackey did say that if the motion for Change of Venue is denied, he would like to keep the case in his court. “Our friends” say that Dager did seem pleased that Judge Zackey would keep the case if his motion was denied, but told the court he would ask that all media and news reporters and people in the gallery that report on this case on blogs be kept out of the court if COV was denied!
Judge Z said he would have to do some research on this, because of the "Freedom Of Information Act", the community has the right to know what is going on.

(Katfish here…. Public scrutiny of a criminal trial enhances the quality and safeguards the integrity of the fact finding process, with benefits to both the defendant and the society as a whole... .. permitting the public to participate in and serve as a check upon the judicial process is an essential component in our structure of self-government. The right of the public and the press to attend and observe judicial proceedings is constitutionally rooted in the First Amendment. I think Mr. Dager is well aware that the First Amendment prohibits the court from blocking the public and the media…intimidation tactics, IMO.)

The Discovery motion requests a video made by J. Collins and E. Edmonds of the Field Investigation Service Unit (FISU). PD Dager said they (the FISU) had done a measurement of the crime scene and in doing so had used Detective Nava as Stacey Barker. Dager contends that Nava and Barker are not of the same stature so if the video comes in as evidence he will need to get a professional that is the same stature as Barker to do the measurements again which could delay the proceedings at least 6 months, adding he did not want that delay. (???? It is not clear to katfishponders what crime scene the defense is referring to, the Lancaster City Park where Barker first claimed that Emma was abducted and she was attacked as she put Emma in the car or the location where Emma’s body was found.) Dager also said he wants the reports and raw notes from Collins and Edmonds. DDA S. Kelly Cromer told the court she has no written reports or raw notes from Collins and Edmonds because the notes and report weren’t necessary since Barker led them to the baby’s body. Judge Zackey told the defense if there are no written reports or raw notes he can't make the DA give you what they don't have, adding he won’t have them (Collins and Edmonds) write a report for the DA just to give it to you.

The next motion addressed is the Pitchess motion. In the Pitchess motion the defense is requesting the personnel files of Los Angeles County Sheriff's Department Detective Sandra Nava and a Detective (?) McCarthy. The defense would like to know if they have ever been accused of ‘coercive tactics” in the past in order to elicit a confession. Detective Nava testified during the Preliminary Hearing that Barker made some very incriminating statements to police....I guess we can see where the defense is going regarding those statements.

(Pitchess is the partial name of a California court case that established a criminal defendant's right to information about a police officer's misconduct or dishonesty when the defendant alleges in a declaration that the officer used excessive force or lied about the events surrounding the defendant's arrest.)

There was a Attorney for the Sheriff's Department present (didn’t catch her last name, her first name is Trina), she was not called to speak but was told to be back on the 28th for a hearing that will be held in Judges chambers (in camera). When the Pitchess motion is granted, the court examines the records in camera with only the custodian of records present.

The last motion from the defense is a Brady motion. (A Brady motion is a defendant's request for evidence concerning a material witness which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness.)

In this Brady motion the defense is requesting what is known as the Ribe box. The motion cites case law from “California v Salazar”.Judge Zackey asks the public defender if he had reviewed the Salazar case. When Dager answered no, the Judge told Dager he really should review the case. Salazar did involve Los Angeles County Deputy Coroner James K. Ribe who performed the autopsy on Emma Barker.

The relationship between the Pitchess and Brady motions are explained at this link. There is also information at the link about the Ribe box and the Salazar case. A state appellate court overturned the murder conviction of Salazar for killing an infant girl in 1996, ruling that the L.A. County District Attorney’s Office deliberately concealed from the defense the Ribe box (information about prior cases when forensic pathologist Dr. James Ribe had given inconsistent testimony and/or had changed opinions regarding time of death and/or cause of death.).

DDA Cormer tells the court that the state wants some discovery from the defense as well, a video and 2 photo albums. PD Dager says that he will have them for her on the next court date...Cormer spoke up and said "Judge if it were the PD asking for this you would have made me make it available to them in 3 days time". Evidently Judge Zackey agrees, he tells Dager it doesn’t take long to burn a DVD, and asks when could he have it to Cormer? Dagger said by the end of the day. Judge adds that it does take some time to copy 2 photo albums of color pictures... then Cormer tells the court if the defense gives her the photo albums she will copy them herself and give them back today. All 3 said OK to that.

DDA Cormer next tells the court that there are 2 witnesses on the defense list that the state feels the public defender has not diligently tried to find and she does not want them to show up on the eve of trial, adding she wants to know what they will be saying on the stand well before they are called on. Dagger said, “then have the DA'S office try to find them I have tried and cannot find them“. Judge Z said if they do appear on eve of trial we will deal with it at that time.

Although the 2 missing witnesses from the defense witness list are not named, Judge Zackey does ask about some of the other names on the list. Zackey asks Dager about Mindy Mechanic, Dager tells the court she is a Ph.D. and Zackey adds something about her testifying about PTSD (Post Traumatic Stress Disorder). There is also a Dr. Leo that is a expert on "False confessions", and a Dr. Harry Bonnell, a Forensic Pathologist who will dispute Dr. Ribe's findings.

Cormer speaks up, "Judge, he told me the doctor is full of shit". Dager looked stunned and said " I did not say shit" (they were like little kids telling on each other, Uh huh, Naw ah, back and forth) until Judge Zackey finally said, "the word SHIT will not be used in my courtroom" that was so funny everyone laughed.

With that settled, Judge Zackey asks Stacey if she wants to attend the in camera meeting on January 28 in his chambers. She said, ”no”. The next pretrial hearing will be on February 8.

UPDATE: Here is a note I received from Tori about the February 8 hearing -
We did go to the court but Judge Zackey was gone so another judge was hearing his cases, you know what that means....Dagger won't have it, they postponed it until Zackey can hear it!
Kelly Cromer was in another courtroom doing something and Dagger kept complaining to the judge that they could not find her.....finally, he said his famous line..... lets trail it to another day. The new date is 2/18 and we will be there. Sphere: Related Content

Terminally ill witness to testify early in Sheley Case

Here is an article as it appeared in the Galesburg Resister mail and a televised report that appeared on WQAD in the Quad Cities. The Quad Cities are located between Sterling, IL and Galesburg, IL where 6 of the 8 alleged victims of Sheley were killed. The other 2 victims were in Festus, MO, near St. Louis.

The testimony of this terminally ill witness is another twist in this very twisted case.

Katfishponders would like to salute this witness for contacting the state to make arrangements for her testimony at a very difficult time in her life. You are a hero in the eyes of many for taking time in this difficult period of your life to fullfill your civic duty and provide your testimony in a particularly horrific case. Thank You and God Bless You!

Here is the report in the Galesburg Register Mail:

By SUSAN KAUFMAN
The Register-Mail

--------------------------------------------------------------------------------

GALESBURG — .A woman who says she saw Nicholas Sheley in Galesburg on June 28, 2008, will have her testimony recorded this week after the prosecution learned she has only weeks to live.

Sheley is suspected of kidnapping 65-year-old Ronald Randall, hijacking his truck, stealing his wallet and killing him June 28, 2008, in Galesburg. Sheley is being held on $10 million bond and faces the death penalty if convicted.

An emergency motion hearing was conducted in Knox County Circuit Court on Monday to depose the woman who has terminal cancer in the case against Nicholas Sheley. Ninth Circuit Judge James Stewart ordered the state’s written motion sealed to protect the woman’s identity and privacy.

Bill Elward of the Illinois Attorney General’s office told the court the woman is a “brief occurrence witness” whose testimony to the police encompassed about five to 10 pages in a written report but her video-taped testimony will be about 10 to 15 minutes in length. Elward said the woman will not be able to testify at the trial scheduled for summer or fall of 2010. “She will be available this week. It is a most urgent matter. This is a witness who is dying,” Elward told the court.

The woman’s testimony will be conducted at the Knox County jail library Wednesday.

Stipulations were made about the clothes Sheley will wear and the video camera which will remain focused on the witness unless there is a question about her identifying Sheley or a disturbance during her deposition.

Sheley also is accused of killing seven other people in two states.

This is the televised report from WQAD:

Sphere: Related Content

The Media Loves Drama, The Drama Unfolds, But Will It Help Haleigh Cummings Be Found? UPDATED

update: 3/19 revisions and additions

It is terrifying when a child goes missing and horrific that someone would harm a child, even more so when that person is someone entrusted with the child’s care. In the case of Haleigh Cummings we don't yet know what has happened to her, but below is a summary of what we do know so far.

Five weeks ago today, Tuesday, February 11, the short life of Caylee Anthony, 2, was memorialized in Orlando, Florida. Caylee gripped the hearts and attention of the world when the disturbing news was released not only that Caylee was missing, but that she had been gone for a month before the police were notified. In Caylee’s case her mother, Casey Anthony, 22, has been charged with first degree murder.

But this story isn’t about Caylee or Casey, except for the fact that just as Caylee’s memorial was getting under way in Orlando, 70 miles north in Satsuma, Florida, an Amber Alert was being issued for another little girl who was reported missing early that morning. I remember hoping when I heard that the Amber Alert was issued for 5 year old Haleigh Cummings that this case would be different from Caylee‘s case, not only with a quicker resolution but with a happy ending. That remains to be seen, and it is not looking good.

Ronald Cummings, 25, said he received a phone call from his live in girlfriend, Misty Croslin, 17, as he pulled in his driveway, when arriving home from work in the early morning hours, telling him that his daughter Haleigh was missing. A 911 call was made at about 3:30 Tuesday morning by Haleigh’s father and his girlfriend.

Croslin reported that she had put Haleigh to bed at 8 p.m. Monday along with Haleigh’s 3 year old brother Ronald Jr. and joined them in the bedroom at about 10 p.m.. There have been conflicting reports as to who was in what bed, but it appears that Haleigh was in a small bed by herself and Croslin and Jr. were in the bigger bed. When Croslin got up at approximately 3 a.m. to use the restroom she noticed the kitchen light was on and the back door was open. She returned to the bedroom and found that Haleigh was missing.

Within 1 hour of the 911 call, the FL Department of Law Enforcement activated the Child Abduction Regional Team. Searching began by over 100 officers from county, state and federal law enforcement by helicopters, bloodhounds, ATV riders and ground searchers conducted grid searches of the wooded area and boats, divers searched the nearby St. Johns River.

The FBI dispatched 16 federal agents to assist local authorities. They were trying to rule out roughly 44 sex offenders who live within a 5-mile radius of the Cummings home. Haleigh's disappearance was being treated as an abduction, according to the Putnam County Sheriff's Office. Texas Equusearch also came to Satsuma and assisted in the search. While LE worked on accounting for the whereabouts of the known sexual offenders in the area and did ground searches we learned more about Haleigh’s family.

Haleigh and her brother, known as Junior, have been in their father’s custody since Haleigh was 2 years old and Junior was about 6 months old. Haleigh’s mother Crystal Sheffield, 23, lives about 100 miles away from Satsuma. She and her family came to Satsuma to be close to the search site and wait for any word about Haleigh. They set up a camp site down the road from Ronald Cummings trailer. According to Sheffield's mother, Marie Griffis, her daughter and Cummings split up about three years ago. Crystal and Ronald had never married and while there was a custody dispute, it appeared they had worked it out. Haleigh and Junior have had visitation with their mother every other weekend.

When this story broke, many people commented that the Anthonys should take note of Haleigh’s family’s behavior. Their behavior was what you expect from a family whose child had gone missing. Not only had Haleigh’s disappearance been reported immediately, her family had cooperated with the investigation and had taken lie detector tests to assist the investigation. Haleigh’s parents and grandmothers had also made emotional pleas for whoever had Haleigh to return her and sent Haleigh messages that they love her.

After the police had accounted for the sexual offenders in the area and a six day ground search had turned up nothing, Putnam County Sheriff's Office Chief Deputy Rick Ryan said, that other than a couple of select areas, they were suspending the search and focusing more on the investigation and processing the 500 leads that had came in.

After two days, it was reported that 1,200 tips had poured into a Crimestoppers hot line. For the first time late Tuesday, investigators released information about one of those tips: that Haleigh's father's girlfriend, 17-year-old Misty Croslin, may not have been at home the night Haleigh disappeared. Misty denied this allegation and reported that she voluntarily went through more questioning and another lie detector test (which she said she was told she passed). It should be noted that Ronald’s family supported her wholeheartedly and said they didn’t believe she left the kids.

During the first week of the search for Haleigh, tensions seemed apparent between her mother and father‘s families. They held separate candlelight vigils each night, and there were some comments made questioning Ron and Misty’s account of Haleigh’s disappearance. Marie Griffis, Haleigh’s maternal grandmother, issued an apology to Ronald Cummings and his girlfriend, Misty Croslin, for raising suspicions with the media concerning the couple’s possible involvement in the 5-year old’s disappearance. That Saturday night both sides came together for a prayer service, putting their differences aside for the sake of Haleigh. That didn't last for long.

Tips continued to come in over the next week but for the first time since 5-year-old Haleigh Cummings disappeared nearly two weeks before, there was no official update on the investigation to the media. Even so, deputies were visible in the neighborhood as they continued to whittle through the now more than 1,600 leads they had received. Unlike the Caylee Anthony case, LE in this case have remained tight lipped. It seems as though the media attention slowed down a bit as well.

One thing that has became apparent after following this case is the media only seems to stay actively involved in a case if it has drama. While the circumstances of Haleigh’s story are much different and have a long way to go before it could be considered as bizarre as the Anthony case, the more time that passes and Haleigh isn’t found, the crazier this story seems to get. I will touch on this more later on, but it does bring to question the quality of some of the things being reported.

What seemed a promising development in this case was Misty’s revelation that she has a cousin from Tennessee named “Joe” who had “attempted to mess with her” when she was younger and had recently visited the area. . Ronald Cumming‘s mother, Teresa Neves said the cousin and Haleigh's dad, Ronald Cummings, got into a fight about a gun during that visit. She also said the cousin left town the same day Haleigh disappeared. Ronald Cummings denies that fight ever happened."There was no fight with no cousin over a gun," said Ronald Cummings. Hmmm???

Could this "Joe" have something to do with Haleigh's disappearance? The police say they have interviewed him and don't think he is involved , but they are not ruling anyone out as a suspect.

Next there was a reported sighting of a girl thought to be Haleigh, in Croslin's cousin's home state- Tennessee. The Knoxville Police department said they received a call from someone who thought they spotted Haleigh at a Carrabba's restaurant parking lot. The caller said she was with a white man and white woman and they looked like they were trying to shield the girl's face. Knoxville police responded, but never found anyone matching the description.

Can you feel the drama building ? If not, hold on….enter Geraldo Rivera. The case is coming into the third week when Rivera visits Satsuma and reports he may have turned up something alarming about this case. He claims two members of Crystal Sheffield's family told him there is a history of physical abuse with Haleigh and her family. Crystal also told Rivera that her son Junior told her that a black man dressed in black with squeaky shoes took his sister.

Rivera confronted Ronald Cummings about those allegations at the camp the Cummings family has set up near the trailer where Haleigh was last seen. When Rivera continued pressing Cummings with allegations that he hit Sheffield when she was pregnant with Haleigh, used/sold illegal drugs and told someone (allegedly Crystal’s fiancé who is also her step-brother?) he was "75 percent sure" he knew who took Haleigh, the property owners told Rivera to leave and Putnam County deputies were called. Rivera was issued a warning that he would be charged with trespassing if he returned, according to the Putnam County incident report. Ronald calls Rivera's allegations mud slinging and said this is not what is going to bring Haleigh home.

While katfishponders disagrees with the sensational approach that Geraldo Rivera took with this case, it did seem to give the national media something to talk about and therefore kept Haleigh’s case in the public eye. Go figure. Not saying that tough questions shouldn’t be asked, but Geraldo?

A development during the third week of the search for Haleigh that drew media attention was when several teams of dogs specially trained to find human remains began searching in the area around the Putnam County mobile home park where Haleigh disappeared. Three different cadaver dogs alerted on a large trash receptacle in the neighborhood and investigators began a painstaking searching of it. After about six hours of scouring through the dumpster, police said they found nothing that could be linked to the missing girl. Thank goodness! Police said they weren’t following any specific tip, just trying to be sure they had left no stone unturned.

After the confrontation with Geraldo, Ronald Cummings stayed away from the media but he did draw some attention when he had a large tattoo of Haleigh done on his leg. He said it was done as a tribute to Haleigh. His avoidance of the media didn't last for long.....

Ronald Cummings proposed to his 17 year old girlfriend (of 6 mths.) Misty and 3 days later they got married. The day after the wedding, Misty and Ronald flew to New York for an exclusive interview on the Today show. The couple said they decided to marry because it was what Haleigh wanted. Ronald also said he didn’t think people should be paying attention to what he is doing with his private life because it takes attention away from Haleigh. Well…duh? Did they really think this wouldn't draw attention, especially given the fact pictures were released to the media of the proposal and the Today show was invited to tape the wedding? Many have questioned this decision to marry, is it related to the child custody issue, wth?

During the 4th week of the search for Haleigh , the missing 5-year-old's family shared a home video of the girl with the public and the Nancy Grace show featured a tour of the trailer that allowed the public to see the physical setup of the trailer, the sleeping arrangements, location of the restrooms and the doors. It seems the families are doing whatever they can to keep Haleigh’s story out there.

Last week on HLN, Nancy Grace also featured a family law attorney, Kim Picazio, representing Crystal Sheffield. Picazio said she first took on the case pro bono to help Sheffield deal with the media. She said she then learned about some allegations about the stability and safety of Haleigh and her brother's home and hinted there may be a challenge for custody of Junior in the near future.

There has been a lot of accusations back and forth between Ronald and Crystal and I had left most of them out figuring that surely LE and Children’s Services are paying attention to this “stuff” and will address those things that have merit. At the time these accusations didn't seem to have anything to do with finding Haleigh but now that is not so clear.

Since I originally posted this entry a few days ago Ronald and his mother, and Crystal and her lawyer have made appearances on HLN slinging mud at each other to the extent this entry seems incomplete without addressing them somewhat. It was mentioned earlier in this entry that as more time passes things get crazier....they also get more confusing.

Let me explain.... about Haleigh's mother...on the one hand, over 3 years ago Crystal lost custody of her kids, according to her because she didn't know of a court date, didn't have a drivers license to take Haleigh to 12 doctor's appointments or to work, unfair treatment from the court and oh yea, admitted drug use. Coming into this case Crystal was $4,000 behind on child support payments and was charged with contempt of court the day before Haleigh went missing.

On the other hand, if Crystal does truly feel that her son is in jeopardy, and this is not just an "opportunity" to get the custody back, then she must take action. When asked by Nancy Grace, why wait until now to bring this up, Crystal says that she has reported abuse to children's services many times since she lost custody of the kids, but to no avail.

Crystal's lawyer, Kim Picazio, says there have been additional reports of abuse from the community since she arrived. Crystal has released some pictures showing bruises, etc. to an Internet reporter named Art Harris, whose site goes under the mantel The Bald Truth, that she plans to use in her custody fight. Katfishponders has some reservations about the validity of these pictures showing child abuse, but look for yourself.

Another interesting (and dramatic)twist to this case is a private investigator who has involved himself in this case. He goes by the name "Cobra". He couldn't talk about any specific leads he's working. But he says one thing is for sure, we can expect a break in Haleigh's case very soon. Cobra says he's investigating the case free of charge. And he says he will stay in Putnam County until he's confident the case is closed. No offense Cobra but at this point at katfishponders you are being given the same weight given a certain bounty hunter who rode in to save the day in Caylee's case.

About Haleigh's dad and his girlfriend.... they deny all of the allegations coming from Crystal and her attorney. There is no doubt that Ronald Cummings has a temper, during the 911 calls he was heard calling Misty his "dumb bitch girlfriend". Granted he was upset, his daughter was being reported missing while in her care. Haleigh has also missed a lot of school. It should be noted that Haleigh suffers from Turner's Syndrome, that may have something to do with her absences.

There has also been much said about inconsistencies from Misty related to the timeline of the night Haleigh disappeared. Because she is the last person to see Haleigh, LE has done over 30 hours of interviews with Misty, if they feel she has lied, they will get to the bottom of it. LE has said that Misty is key to solving Haleigh's disappearance. Art Harris also did an interview with Misty Croslin that can be seen at The Bald Truth site as well. Misty told Harris she doesn't need a lawyer.

Today the law office of Kimball & Snider has agreed to represent Ronald Cummings as a pro bono client.The release refers to Cummings as a victim in need of legal advice. Cummings' lawyers will take over responsibility for assisting Cummings with police cooperation, coordinating media attention and handling a potential custody battle with Sheffield. The news release describes Sheffield's lawyer's abuse allegations as "unsubstantiated" and said that Cummings sees the claims as a "cheap shot and publicity stunt that detracts from the search for Haleigh."

In the mean time as all of the drama unfolds we are entering the 6th week that Haleigh has been missing. According to sheriff's department spokesman Capt. Dick Schauland, "There is nothing new, really, to report. We are continuing to follow up on leads."

Where is Haleigh? Children do not just vanish! Someone knows something. Because LE are holding this investigation close to the vest we are left to wonder....are they just waiting for someone to slip up somehow?

Haleigh Cummings is described as three feet tall, 39 pounds, with blonde hair and brown eyes. Anyone with information on her whereabouts is asked to contact the Putnam County Sheriff's Office at 386-329-0808 or Crime Stoppers at 1-888-277-TIPS. There is a $35,000 reward.

source
foxorlando

Sphere: Related Content

Missing 3 Year Old Dominick Arceneaux Case Deserves Media Airtime

update:
This is a link to a page on CNN that has a form to fill out for news tips and story ideas, it might be a good idea to fill out the form here as well as sending the e-mails to the addresses below:

http://www.cnn.com/feedback/forms/form11b.html?1

Katfishponders is frustrated that the case of 3 year old Dominick Arceneaux has not recieved any airtime other than local media. Dominick has been gone for 6 days now. If you would like to help Dominick, e-mail the following media outlets and ask that they give some airtime to Dominick. I will post here the message that I sent, feel free to copy and paste it into an e-mail or write your own message, beneath that I will place the e-mail addresses of some media organizations. These can be copy and pasted into the address box of your e-mail for a mass e-mail if you prefer :

I am writing to ask that you give some air time to this missing 3 year old Arkansas boy, Dominick Arceneaux. He went missing on Tuesday Feb. 10 and after a water search by divers and sonar by Texas Equusearch and Arkansas Game and Fish ; land search by 60+ National Gaurd soldiers, many volunteers along with bloodhounds and horses; and an air search by the Arkansa State Police helicopter for the 5th day there have been no signs of Dominick. The FBI is involved with this case as well. A kidnapping has not been ruled out, therefore I ask that you please give this little boy's story some airtime on the chance he has been taken out of his local area.

Media Outlets:
LarryKingLive@cnn.com, weekend@foxnews.com,FoxReport@foxnews.com, studiob@foxnews.com, AtLarge@foxnews.com,ontherecord@foxnews.com, nancygrace@cnn.com, mailto:Jamie@foxnews.com,Heartland@foxnews.com FNS@foxnews.com,Hannity@foxnews.com, Special@foxnews.com, hardball@msnbc.com, joe@msnbc.com, nightly@nbc.com, today@nbc.com,evening@cbsnews.com, 48hours@cbsnews.com, ftn@cbsnews.com, netaudr@abc.com, nightline@abcnews.com,2020@abc.com, LouDobbs@cnn.com


Here is a link to a thread in Dominick's name on a website called "Help For The Missing". They have been keeping up to date on this case as much as possible. This is where I learned about Dominick.:

http://helpfindthemissing.org/forum/forumdisplay.php?f=163 Sphere: Related Content

Sheley's " Trail of Terror "entry is completed

I finished the Sheley's "Trail of Terror"entry (read below)the other day, but just realized it didn't post as a new entry even though I changed the date. This is truly the stuff that nightmares are made of ! As I stated before this is not evidence in the case, it is a compilation of news coverage about this case....from everywhere I could think of.
I plan on attending the return of subpoena hearing on November 19. Sphere: Related Content

KTLA will provide limited coverage of Phil Spector's re-trial

UPDATE 3:
November 11

I have noticed a lot of hits looking for coverage of Phil Spector round 2, first let me say welcome to katfish ponders, and second....I don't have any good news. There is no live or taped coverage. I can tell you what I have been doing to get my Spector "fix" so far.

Trials and Tribulations carries Sprocket's " in the courtroom " coverage and that is my first go to place. I then head over to Juror Thirteen, they have some interesting insights about the case based on Sprocket's coverage and other press, such as Linda Duetch of AP. One thing I really like about Juror Thirteen is they are good at supplying links to other relevant stories that are out there. Another place that has some interesting insight to Phil Spector is mControl blogs. This blog is by Michelle Blaine, assistant for Spector on Febuary 3, 2003. I didn't mention this earlier because it had been some time since she posted there.....but she's back! Very funny lady! MB also created the People vs Spector V2 website. Right now there isn't a lot of action on the forum there, but it is well worth checking out...as the trial progresses there will be more to talk about. There are some knowledgeable and funny posters on there!
Once again if I find any other coverage is out there I will post it. Heck, I'd like to know who has the tapes from opening statements....it must be top-secret...noone is fessing up to it. LOL! Please let me know if there are any other places out there discussing this trial.
katfish
UPDATE 2:
October 27
Sprocket has posted another update! She reports the agency that inquired about the web cam has pulled out. There will be a pool camera covering opening statements, although it's not clear who will be carrying it. For more detail check out Trial and Tribulations. I will update when I hear anything! Jeesh!
UPDATE:
October 27, 2008
I bumped the date up on this post so it will be near the top of the page.
Sprocket, from Trials and Tribulations has been attending the voir dire of the jurors for Phil Spector's re-trial.
In her report this evening about the last day of voir dire, Sprocket reports that Judge Fidler said that the court has received a last minute request to have a "web cam" in the court. There apparently would not be a computer [camera] operator, but that wasn't clear. He does not know the particulars of the request so he can't rule on the request at this time. The details are currently being worked out with Allan Parachini.
There will be a still camera for opening statements. This is apparently a camera on a tripod in the gallery of the court and not mounted on the walls. This would just be for opening statements.
The media organization that made the "web cam" request was not named, nor was the organization that will film opening statements.
Opening statements begin Wednesday.
I'll let you know when I hear anything. Trials and Tribulations is the go-to blog for anything Spector 2. Thanks for the heads up Sprocket!

October 21, 2008
Recently there have been rumblings that KTLA has decided not to cover PS 2.
I have hesitated to report these rumblings here until there was definite confirmation . Unfortunately, While I haven't been able to get actual confirmation from KTLA, I have heard from a reliable source that they have backed out.
If I get confirmation or better yet, good news, I will post it here ASAP.

When word came that no media outlets had applied for access to cover the re-trial of Phil Spector many of us were shocked. Just a year or so ago, the first Phil Spector murder trial was fairly "big news". CourtTV (now InSession) carried all 6 months of the trial.

There was also a strong Internet following, with gavel to gavel live streaming available through several sources. I personally switched to Internet coverage when CTV started cutting off the trial midway through the day (programming changes at the network... grrrr). When just watching by yourself was too frustrating or if you missed a day and needed to catch up, there were plenty of places online to go and discuss the trial, and MANY people did.


In the first trial, Spector, the eccentric music producer who created the famous "Wall of Sound" recording technique, avoided conviction after a six-month trial that ended with a jury deadlocked 10-2 in favor of finding him guilty. Given that result, regardless of our opinion as to guilt or innocence, many of us who had devoted so much of our time to this quest for justice, took solace in the notion that there would be another trial and again we would be there.....had we been told then that just one year later the re-trial would be viewed as old news....I am certain more would have been done to encourage the media to cover the re-trial.

The 68-year-old music producer is charged with murder for the Feb. 3, 2003, shooting death of 40-year-old Lana Clarkson. Spector and his attorneys have maintained that Clarkson committed suicide in the foyer of Spector's home. (After the first trial, the state said that Spector murdered Lana Clarkson and his defense murdered her character.)

The re-trial got under way with Jury Selection on October 2 and 3 in Los Angeles Superior Court. Three hundred prospective jurors were to report over these two days to weed out those who had personal reasons for not participating and to give questionnaires to prospective jurors to fill out in order to gauge their knowledge of the case and determine whether they have formed any opinions. They are to return October 20 for voie dire (questioning by the attorneys). This trial is expected to take 3 to 4 months.

Sprocket and Donchais, at Trials and Tribulations have been working behind the scenes to facilitate some type of coverage and have reported that Judge Fidler approved local channel KTLA's "TV" application and The Associated Press's "still photographer" application. KTLA requested, "opening statements, portions of testimony, closing arguments, verdict, and sentencing. For whatever reason that the media isn't as interested this time around, some coverage will be better than none. Let's just get this show on the road! There is also a petition that was started on September 18. It's probably too late for the petition to do any good at this point, but it certainly wouldn't hurt anything to add your name if you feel the Spector re-trial deserves more coverage.


At this point KTLA will be the only place to go for coverage, however, trial discussion can be had at many places. Here are the places on the web that I intend to go during this trial:

For" in the courtroom reports " go to Sprockets blog at Trials and Tribulations
For great trial discussion there will be several places to go....
of course the KTLA message boards will be a great spot. You can also find some great discussion at jurorthirteen,they have message boards and chat! And last but not least, there is a forum that was developed specifically to cover the re-trial of Spector. It is called People v Spector V2. This site was developed by a former assistant of Spector and will offer not just message boards and chat but possibly some "insider" insight to Phil Spector. Normally I would include TruTV/InSession message boards but since they chose not to cover this trial, I choose not to go there for this trial. If anyone knows of any other sites that would be of interest let me know and I'll add them.



yahoo.com

Sphere: Related Content

The grim reality of Casey Anthony's fairytale world

When I left off with my impressions of this fairytale world that Cindy and Casey Anthony have been living, it was August 29. I haven't blogged about this case since then (too frustrating!). I have been following the story and have read or watched the evidence that LE has released, much of it confirms the hypothesis posed in "The queen, the princess and the pawn", the first chapter of "The Caylee Anthony Saga".

This is a story about a struggle for control and little Caylee was often the pawn used to gain control.

Casey created the illusion that she was in control by pretending to have a job and a nanny, and"she has got it together". Cindy created the illusion of her successful mothering by accepting and perpetuating Casey's lies and explanations thereby looking like she was in control, and "she has got it together". *

In Cindy's case, she covered for Casey's behavior, because if the truth came to light, it would reflect poorly on her. While in Casey's case, Caylee was becoming incompatible with the image that she wanted to project in a culture of friends and acquaintances that hadn't yet matured to the level of placing anything or anyone above the goal of going out and partying. Add to that the directive Cindy gave her to take responsibility for her child, and you have someone that is not only angry for Caylee hindering her desired lifestyle and status, but also for being a symbol of Cindy's direct control over her decision making.*

The statements made to police by those involved in Casey's life have given a lot more insight to the whole Anthony clan and the dynamics at work in Anthonyland. While I don't believe anyone other than the princess is responsible for whatever has happened to Caylee, it seems they all know more than they would have us think. The question that Cindy asked Casey on July 15 remains unanswered...... What have you done?

On October 14, an Orange County Grand Jury determined that it's more likely than not, that 2 year old Caylee was killed by her mother, of course an indictment isn't proof that Casey killed Caylee, but at least the wheels of justice have started to turn. There seems no doubt that Casey is guilty of the four counts of lying to the police, she admits as much in her statement given to police at Universal. She is pretty well busted on the theft, fraud and child neglect charges as well.

Right now the walls of Anthonyland seem to be holding up against the siege they have endured...web cams running 24/7, reporters on their door step, and angry protesters who seem ready to kick their ass, they are sticking together but the cracks are definitely starting to show.

The Anthony clan, mostly the queen, created a moat around the castle with no trespassing signs and yellow tape in an effort to keep everyone off of their land and out of their lives. Alas, this may have been effective but for their insistence on hammering in those signs themselves. It only invited confrontation. It seems that most of the negative attention they have received, they have brought on themselves. Casey's lies and efforts to mislead the police and inconsistent statements by the family and the defense team, including some that defy logic, are the fuel that drives the public interest.

Having said that, it also seems wrong to camp on the curb waiting for news to happen, especially at a private residence, it gives the press a stalkerazi image and the protesters (many of whom I think had good intentions in the beginning) are looking like try-outs for Jerry Springer show. Perhaps now that the princess is incarcerated with no bail they will back off ! Law enforcement is doing their job.

The " Caylee was kidnapped" rhetoric seems to be the mortar that is keeping the walls from tumbling down in Anthonyland. Even as George Anthony arrived to testify against Casey to the grand jury, he carried a binder with a "Find Caylee" flier on the front. George spoke about the family’s latest efforts to find his granddaughter, adding they are disturbed by the fact the Sheriff’s Office shut down the tip line in mid-august.The family’s private investigator is looking into multiple potential sightings of Caylee, around the country, including New York and South Carolina, Anthony said.“We’ve been getting info out about Puerto Rico, because we believe that’s where she is, but the info I’ve gotten over the last three months is that my granddaughter has been to nine different locations,” Anthony said his family has been cleared by a judge to access all 5,000 tips recorded by the Orange County Sheriff’s Office tip line. Remember this is mortar. If they let go of this "Caylee was kidnapped" the walls of Anthonyland will come tumbling down.

According to Cindy Anthony and Jose Baez, we will all "understand" Casey's actions once the truth is told at trial. What are we going to understand about a mother not reporting her child missing for 31 days. ( Would we even know Caylee is missing if not for Cindy hunting Casey down?) What's to understand about all the lies and efforts to mislead the police when they are trying to help find her daughter? And the most disgusting aspect of this case....computer searches for chloroform and missing children before her daughter goes missing and chloroform is found in her trunk along with signs of human decomposition? Last but not least, let's hear the explanation for dancing and partying at the clubs while her daughter was "missing".

Cindy said on the Today Show that there is nothing in this world that would convince her Casey has killed Caylee. Does that mean if her body is found....then someone else did it? Trying to create some doubt are we?? It's obvious the queen is pretty heavily medicated and she would be well advised to stay off of national TV. These appearances don't help the princess's case and may well hurt.

It doesn't help either when the spokesman for Casey's defense, Todd Black, calls into CNN Headline News and says,"This is a very serious case involving not just the loss of the life of this little girl, but the loss of whatever is going to happen with Casey Anthony." He has issued several press releases since making the statement, the latest release states, CNN released a “complete fraud and stooped to the lowest low, shamefully toying with the life of Casey Anthony, who sits falsely accused of murder." Whatever! Whether you meant it or not Mr. Black, you said it. You guys just need to shut up! Save it for court.

On Friday, October 17 Casey entered a plea of not guilty to charges that she killed her daughter, Caylee..

On Tuesday October 28, 2008 at 8:45 a.m. Anthony will appear before Circuit Judge Stan Strickland for arraignment in the First Degree Murder Case.

She will return to court on Wednesday November 5, 2008 at 9:00 a.m. for the child neglect and check fraud cases. Circuit Judge Stan Strickland will also handle that appearance.

Texas EquuSearch has announced that they will resume the search for Casey Anthony’s missing 2-year-old daughter, Caylee Anthony, on Saturday November 8. According to Tim Miller, founder and director of the organization, it will be the “biggest search in history.”

In related news, Leonard Padilla has sought out the aide of bounty hunters from around the United States, who are now planning on coming to Orlando to help out in the search effort and have also raised money to finance it. Equusearch is going to train the bounty hunters to be search team leaders.

None too soon, the grim reality of Casey's fairytale world will come to light in the woods around the airport, and even if Caylee isn't found, the grim evidence of what happened to Caylee will be presented in a court of law.


CNN


*excerpts from post by cb (great post) on The Criminal Report Daily on ID

FOX Orlando

Sphere: Related Content

IS PHIL SPECTOR IN YOUR FUTURE?

UPDATE:
10/14/2008
I just received an e-mail from info/legaledge.com that said, "More on the status of PS2 coming up Wednesday. " Hopefully it's good news !



It has come to my attention that there is possibly an opportunity to have gavel to gavel coverage of Spector's re-trial. If you are willing to pay and at least 1000 people sign up, The Legal Edge Network will try to get it done. thelegaledge.com is a new online site created by Michael Bryant a practicing attorney, journalist, and broadcaster. Many may remember him as a former court tv reporter.

Yeah, I'd rather watch free, but I'm willing to pay for a couple months of full coverage. I have already invested 6 months of my time during the first trial and would like to see this through.

Remember too, if you can't afford a subscription for full coverage, you can still see parts of the trial at KTLA.

Here is the e-mail I received from The Legal Edge today:


IS PHIL SPECTOR IN YOUR FUTURE?

I once covered the "fight of the century". It was 1986 at Ceasars Palace in Las Vegas. Thomas "Hitman" Hearns vs. "Marvelous" Marvin Hagler. The fight lasted only 2 1/2 rounds before the "Hitman" went down, and while celebufight fans like Bo Derek and Sly Stallone called it the best fight ever, the boxers were plotting to set up the rematch. As the glassy eyed Hearns told me after the fight, "We did it once...let's do it again."


What the heck does this have to to with The Legal Edge? Nothing really, except that after an outpouring of Phil Spector fan e-mails I've decided to try one last time to get a read on how many folks would really subscribe to a monthly service that allowed us to cover costs to stream the Spector trial.


Here's the deal: I've opened a new e-mail address just to receive commitments from PS2 fans. If the number is sufficient (and based on my calculations and production costs that number needs to be at least 1000 viewers at $35.00 per month. The cost would go down if we get more subscribers) we would go ahead with setting up the actual payment structure to assure these commitments. The last thing we want to do is start the process and end up going under because a large number of folks flaked.

Here's the dedicated e-mail address: lawjerktoo@gmail.com

So, pass this along to anyone interested. I'll e-mail the basics to all registered at TLE...and we'll see. It's up to you now.

MJB
Sphere: Related Content

Judge Issues A Gag Order in Sheley Case

A little birdy called to let me know that a hearing had been scheduled for accused spree killer, Nicholas Sheley at 2:30 today (Wednesday). Thank you little birdy, I really appreciate the call.

When I arrived at the courthouse, I was informed that the hearing had been moved up to 3:00, then 3:15. I go over some of my notes while waiting....during the arraignment on August 6, Ninth Circuit Judge James Stewart admonished the attorneys for both sides regarding the rules of judicial conduct forbidding counsel from making statements about the case.....he didn't address Sheley that day so that will probably happen today. Everyone is here from both sides but they are in a room off of the courtroom. Must be one of those "secret" meetings that Sheley complained about in his interview. Whatever.

Everyone took their places and Nicholas Sheley was brought in. He looked pretty much the same as he had last hearing, his hair was a little longer and whatever he put on it to make it spike up makes it look darker. Do they allow gel in jail? It was actually 3:45 before the hearing got started.

Judge James Stewart calls court to order and Public Defender James Harrell addresses the court. He says there are some housekeeping that needs done. First, Harrell would like the court to make an official finding that He and Jeremy Karlin are the counsel of record, the issue had been raised but not put on record at the last hearing. Judge Stewart says something like Oh,... you actually want me to say it? Then he says they are counsel of record until a fitness hearing is completed. LOL This judge has a wry sense of humor it appears, at times it's just the way he says something, not what he says. Nothing inappropriate so far...LOL I like that in a judge.

The defense has filed an emergency motion seeking to stop pre-trial publicity. In light of Sheley's interviews this emergency motion hearing was called.

Assistant Attorney General Michael Atterberry addressed the court. He said, " Both parties want to maintain fairness and integrity of the proceedings." He added that Sheley giving interviews in the past 24 hours has threatened the proceedings. Judge Stewart asked, "Is this a stipulation between prosecution and defense?" and "Is there a time frame?" Atterberry says through the trial.

Judge Stewart told the court he would approve the stipulation until the fitness evaluation is done. The defense are duly authorized and once Sheley is determined to be fit the stipulation will be revisited. He went on to say that Mr. Sheley has a constitutional right to speak. The judge called the current situation a " no mans land". The issue is a clash of constitutional rights. Sheley is entitled to a speedy trial. There is freedom of the press, a right to counsel, a right to a fair trial, a right to remain silent or to wave that right. Stewart also said, "It is the courts duty to determine which right was most burdened at the expense of others."

Judge Stewart also commented that there is no guidance from the Supreme Court on this issue and reiterated that the order will remain in effect until a fitness hearing is conducted. If Sheley is found to be competent to stand trial the order will be lifted and Sheley will be able to make statements to anyone he wishes. Stewart said, " He has a constitutional right to free speech."

Harrell says that since the court is entering an order he will withdraw the emergency motion from the court file . Judge Stewart recognizes this is all done. Micheal Atterberry requests that court admonish the defendant regarding the order. Stewart then tells Sheley that he is issuing a gag order that prohibits communication with the media from all parties and instructs Sheriff David Clague that Sheley should have no visitors without the presence of counsel. Clague agrees.

The next hearing scheduled is for Friday, September 26, at 10a.m.

Sheley is facing 17 counts in connection with the bludgeoning death of Ronald Randall,65, of Galesburg. If convicted he will face the death penalty. He is also charged with the deaths of 5 people in Whiteside County, IL and the deaths of an Arkansas couple killed while visiting in Missouri.

Galesburg Register-Mail

WQAD Sphere: Related Content

How much do you want to see Phil Spectors re-trial televised?

Recently it has become clear that none of the media outlets are planning on covering the re-trial of Phil Spector that is rapidly approaching. They consider a re-trial as old news. In some cases that may be true, but anyone who watched the first trial knows that there is no way they can duplicate that trial.

Surely this defense will take a much different approach this time around, after all, last trial was 10 guilty and only 2 not guilty . Frankly the setting is still L.A. and the defendant is still Phil Spector so who knows what we can expect from this new trial.

Sprocket and Donchais over at Trials and Tribulations have been working on some ways to get this trial televised.

They have come up with 2 things that we can do immediately to get our voices heard:

1. They have a link to a petition that will be forwarded to the appropriate outlets for consideration.

2. It is possible a production company would provide coverage on a pay-per-view basis.

While at T&T to sign the petition you can get more information about the possible pay-per-view option. T&T is asking for your comments on their blog about this option. This is strictly limited to the Spector trial. Leave a message there so they can gauge what kind of interest there is! They very well may be able to get this done, but your quick response will dictate what happens. They have a source!
I personally would be willing to pay just to see Alan Jackson do his thing again ! LOL Sphere: Related Content