Marsy’s Law: Ohio OKs expanded rights for crime victims

I am a huge proponent of the ACLU, I really am, and I think what they do is absolutely needed and I even think we need more of what they do.

With that being said, as a crime victim I see things through new eyes.  I can honestly say victims have no rights and I can honestly say good luck finding anyone to help you, even if they are someone you hired and are paying.

It is seriously horrible.  We don’t get to know all of the details, we don’t get to see all of the evidence.  We don’t get to have the cars our kids were killed in released to the insurance adjuster so that we don’t have to make payments (11 months this took).  We have had very short notice on hearings (less than a day).  Things change no one tells us (youth probation hearings).

Almost everything in our judicial system is built to protect the accused.  We do have a victims bill of rights, but this is obviously left up to interpretation and good luck getting someone to help on that as well.

There is no right side on this.  In certain circumstances people accused of crimes get wrongly accused and treated badly, and if people want to admit it or not this happens day in and day out in our country.

Victims get violated over and over again.  They get treated like a nuisance and a problem, it honestly feels like if they could get you to go away they would.  I don’t know what the fix is, but there has to be something.  Anyways, good job Ohio!!

 

Marsy’s Law: Ohio OKs expanded rights for crime victims

Ohioans have voted to expand crime victims’ rights to more closely match those of the accused. Approval of Issue 1 Tuesday places the new guarantees into the state constitution. They include notice of court proceedings, input on plea deals and the ability for victims and their families to tell their story.

 

Cynthia Brown convicted of murder, sentenced to life?? I honestly don’t know enough to comment, but again extreme inconsistencies.

If you read below it  appears as if they would have had reasonable doubt as far as a murder conviction goes, yet some kill innocent people who were in the wrong place at the wrong time and get far less.

“He would explain to me that some people were born whores, and that I was one, and I was a slut, and nobody’d want me but him, and the best thing I could do was just learn to be a good whore,” she testified.

Richard Adler, a clinical and forensic psychiatrist, who also testified Nov. 13, suggested that Brown’s erratic behavior could be explained by her birth mother’s abuse of alcohol while she was pregnant with Brown. He and other experts have diagnosed Brown as suffering from alcohol-related neurodevelopmental disorder — a type of fetal alcohol syndrome disorder that he characterized as a “severe mental disease and defect.”

Cyntoia Brown case: Celebrities support teen killer, highlight sex trafficking abuse

NASHVILLE, Tenn. — A celebrity social media campaign is highlighting issues of sex trafficking abuse in the case of a Tennessee woman convicted as a teen of killing a 43-year-old man who had picked her up for sex.

Oh I forgot to tell you about the sentencing surprise… There’s always a surprise…

I still don’t understand exactly what happened or  exactly what this means, but I guess I know as much as the County Attorney’s office, so that’s… well I guess that’s really nothing….

I think I mentioned that shockingly enough I was late to the sentencing . I was really only four to five minutes late, which in my world means I was early, but we can just say I was on time(ish).  It didn’t matter though because the judge hadn’t read the letters yet.

Have I mentioned that I really liked the judge?  And yes I am being serious, there was something I really liked about her.  I would have liked her regardless of if she chose to pre-read those letters, but I have to say I appreciated that move and maybe not at first, but it was the right thing to do.

Why?  Because the letters were important to us and even more important to Madi and Tyler.  When she took time before the hearing and we were all aware of what that time was being used for it gave that moment the significance it deserved.  It was a form of respect.  With the letters being fresh on her mind she was able to say a few things that I felt sent a message  to the Gardner’s and their attorney.  In my opinion it felt like we finally had someone on our side and after being so violated by this whole situation I will say it was noticed and appreciated.   But even without all of that if you are a diva boss woman judge you should be late to everything no matter what .  You should also show up wherever you go with a bedazzled Gavel, but she wouldn’t do that, she just knew how to make a statement.  Don’t get me wrong the district court judge has also made us wait, but I think his stalling was more of a;  What the hell are you guys pulling?  Nope, hold on, wait a damn minute, type of making us wait.

So here’s a fun fact… Did you guys know Marilee’s Lawyer  was also one of Warren Jeffs’ defense attorney’s?  Sorry I know that is way off the subject and placed here randomly for no apparent reason, but I am getting to our surprise.   I have known about this odd selection since the beginning of this legal process and I have never been able to wrap my head around it.

Let’s think this through for a minute.  She was representing Warren Jeffs’, hmm odd, but ok.   Let’s see who else she has represented?  Well there’s this guy .   Wait isn’t that the same guy that ??… Oh yep it is it’s the same guy.. How fun!!   I wonder how they all know each other?  I  actually don’t know the answer to that question, but don’t worry I am going to delve into it.  Wait one more… where are my laughing emoji’s?  You all better be clicking on these links, I worked hard to find the perfect pictures of this circus.

I guess perhaps it worked out for them, but I am not a good one to ask.  I Googled every possible thing related to Marilee’s case to see if that firm came up and never once did they come up as an option.  And yes I know he probably didn’t Google defense attorneys for his daughter, but I do know they were called in the middle of the night, so where did this recommendation or “great find” come from?  Just odd if you ask me.

Oh and while I’m completely off subject and talking about odd selections …Dr. Gardner did speak on sentencing day.  I would usually say that I don’t want to sound mean, but I don’t care if I sound mean.  He stood up, he was crying, I braced myself and for a brief second thought a sincere apology was coming.   As soon as I heard “Our Heavenly Father” I started crying, not because it was such an emotional outpouring, but because it didn’t mean anything at that point, it was not sincere .  There was no meaning behind his words and I didn’t want or need his memorized, recycled prayers.  I blocked him out, but one of my best friends told me he actually said “time heals all wounds”..  Are you kidding me?  My brain knows when to start blocking that’s for sure.

I’m still confused about our surprise,  there was no presentation and a  surprise should have a presentation right?  It shouldn’t just be randomly brought up, right?  Now you can see that I tried to create the same effect with the Gardner’s polygamy lawyer thing, did it work?  Oh wait, we don’t know what it was intended for and can’t answer yes or no, but we can answer if it sounds like a fun thing or not.

This surprise is not something I couldn’t have imagined getting, but it turns out every 90 days Marilee Gardner will get a parole hearing in the juvenile system.  What?? (I know that was our reaction). It was just randomly dropped here and there during sentencing, kind of mentioned in passing like we were aware.  Granted I wouldn’t have known regardless because I was fired by our advocate, but one would think the others knew about this new development, but nope they did not.

This was frustrating when we first found out.  Marnie has been on it as far as communicating with the juvenile court and I think we will make the most of it.  We get to be there every 90 days, we get to show that we are not going anywhere, and we have been told this is a first for them.  They have not had to deal with anything like this.   We should probably apologize in advance…

Who decides what Murder is? And the learners permit head scratcher…

Murder and Manslaughter are both Homicide, the difference between the two depends on two things, what state of mind the perpetrator was in during the act of the crime; and also what the nature of the act was.

Here is the definition of Homicide according to vocabulary.com

The noun homicide means a murder. If you kill another person, you are committing a homicide. The level of the homicide is legally defined as murder if the act was intentional and as manslaughter if it was unintentional.

We all know that purposely hitting two innocent people by accelerating to a speed of 100 mph in your moms enormous Chevy Tahoe is extremely bad-natured…  Right..?  So what about the crazy aspect?  If your teenage son or daughter had been in a Mental Institute for 10.5 months and it had only been two months since they were discharged would you allow them to get their learners permit?   And actually Marilee was in the State Mental Hospital  for 10.5 months.

I have to say that when I read those words “The State Mental Hospital” my stomach dropped.

So parents out there would you take your teen to get their learners permit if they had barely been released from a ten month stay at “The” one and only State Mental Hospital?  I mean if they don’t care about their own kid it is what it is… but at least care about the kids that belong to the rest of us.

Here is Dr. Gardner’s account of his daughters mental issues.  The following are some questions and answers from that morning.  I highlighted Marilee’s Dad’s responses.

Detective: Ok. Give me a little bit of history on your daughter.   So what has she been going through?  Why does she feel liked she’d be suicidal?

Dr. Gardner: So she’s been depressed since she was five.

Ok.  Does she have any kind of mental illnesses or anything?

Just the depression, but it’s pretty severe depression so.

Ok.

She been depressed since she was five, she’s been on medicine since she was seven.

Uh-huh

Was doing ok until about twelve.

Uh-huh

Um and then when she was twelve she tried to commit suicide three different times.

Ok.

She was hospitalized each time and after the last time she went into Lifeline for Youth.  It’s a residential facility in North Salt Lake.

Ok.

She was there for five and a half months, did pretty good.  Came out was good for about a year.  Kinda fell in with maybe kind of a bad crowd, started maybe doing some things she shouldn’t.  Mostly marijuana.  Tried a couple of other things.  We found out about the marijuana use maybe three or four weeks after she started.

Ok.

Took her back to Lifeline.  Um she was there for three months.  So this was July 2014.

Ok.

She was there for five months.

Uh-huh.

Um not really getting better.  She cut herself to get out of there.

Ok

Ended up at Mckay Dee Hospital in patient for two weeks.

Ok.

And from there in January 2015 she went to another residential place in Draper called Youth Care.

Ok.

She was there for three months uh but then insurance quit paying so they had to release her.

Ok.

She was home for five days ran away twice.

Ok.

Um found her both times.  Took her in to the E.R. First time the crisis worker said she was ok to go home.  Two days later she was back in the E.R.  At that point Marilee said I think I need to be impatient again.

Ok.

So she went in to UNI for six weeks which was April of last year.  She was in UNI for six weeks.  They determined that she was not safe and sent her to the Utah State Hospital.

Ok.

So she was there from May 20th.

Of this year?

Of 2015.  Until April second of this year.  So she was there for ten and a half months.

So May of 2015 until when?

April second this year.  And since she’s been trying to get back into a normal life.  She went into a day treatment program up in Ogden for about three or four weeks.

Uh-huh

And they released her said she was fine.  And since then meeting with her counselor occasionally, taking her medications.  Got a job working at Wendy’s in Syracuse.  Registered for school, went through drivers Ed.  So she has a learners permit [inaudible]

Was she going to school in Layton?

She would go to Layton High.

Ok

That’s where we registered her and that’s where she took her driver’s Ed class.  So she seemed to be doing ok.  Um but she’s , she hides things from us.

Ok.

She doesn’t always tell us how she’s feeling.  She snuck out a couple of times before.  One to go driving.  One I took her keys and she just went walking.

Ok.

And then tonight I don’t know her motives for sneaking out.  To think she took the car and this happened.

So there ‘s that.  What does everyone think of that?   And not that I need to bring up her medications to show there’s an issues, but in addition to the above statements  when Marilee was questioned about her medications it didn’t exactly sound like she was on top of taking them, but that will come later…

Also, on a side note because this BS is frustrating to no end, I had asked questions regarding meds, hospitalization and the learners permit and could not get an actual answer from anyone.  Not my lawyer, not the prosecutor, not anyone and a lot of it was in the police report the entire time.

To answer my own question (Who decides what Murder is?):  The answer is the prosecutor, the prosecutor decides the charges.

And I actually learned something regarding murder and manslaughter. So here you go… I am agreeing with he prosecutors original charges, he was right on this one even though it’s not what she ultimately ended up being charged with.

If the perpetrator kills someone while committing  another crime and that crime is also of a serious/dangerous nature the charges will almost always be murder.