Watson Murder Case - Discussion

[mike_s]

Is he being accused of commiting a crime in Alabama? I guess there's the attempt to claim her life insurence and the perhaps the bizare behaviour removing the flowers. Seems fairly tenous to me.

so far, not to my knowledge.

I saw the interviews with police a couple years ago and they were trying to figure out something to charge him with. but they didn't have anything that would really stick. (this was before he pleaded guilty in Australia ).

Now that he's pleaded guilty, MAYBE they can get him on "conspiracy to commit murder" if they can prove it was planned while he was in the US. Remember that he tried to get her to change over her life insurance to him as the beneficiary before they went on the trip. That might be used to show motive.



Supposedly according to this link he has been brought before a Grand Jury in Alabama. But it gives little details. Indications Gabe Watson will stand trial, accused of killing wife Tina on their honeymoon | Courier Mail


However the prosecutor is Don Valeska, I've NEVER seen anyone that has a high opinion of him and have seen him lie openly in court before on other trials and got caught for it, causing a mistrial and the verdict being over turned.

This guy would prosecute his own grandmother, and hide evidence that might clear her....



This story printed yesterday says that his lawyer is expecting an indictment and expects him to be arrested as soon as he gets off the plane.
http://blog.al.com/spotnews/2010/10/attorney_for_gabe_watson_says.html



Also note that Attorney General Troy King was defeated in the last election. So by the time this goes to trial, there will be a "new sheriff in town" and he might not have as much vigor for prosecuting this case.

 

[bowlofpetunias]

Just curious perhaps ItsBruce can answer this Is Tina's father swearing that Tina told him something that Gabe told her heresay?

I do hope Alabama honours their deal with Austalia to not go for the death penalty. It was this agreement that resulted in Australian Authorities handing over their evidence. Australia like many other countries does not support the death penalty.

 

[bowlofpetunias]

double post.

 

[mike_s]

Just curious perhaps ItsBruce can answer this Is Tina's father swearing that Tina told him something that Gabe told her heresay?

I do hope Alabama honours their deal with Austalia to not go for the death penalty. It was this agreement that resulted in Australian Authorities handing over their evidence. Australia like many other countries does not support the death penalty.

I didn't know that Australia handed over evidence and made a deal with prosecutors in the US. Interesting.

Still..... I don't think they can prosecute him for "capital murder" here, when didn't commit the crime here. so I don't see how the death penalty was ever on the table here. (of course we only know what they put in the papers, and you can't trust that 100%)

 

[bowlofpetunias]

Yes there was some discussion in the other thread about this as well. It was also publicized here in Australia. The Australian Authorities refused to hand over evidence until King made a deal with them promising that they would not use it to go for the death penalty.

It is my impression that this material was handed over and was part of the evidence presented to determine if he should go to trial there.

There was some concern expressed in Australia that if this agreement had not been reached he may have been able to apply to Australia to stay here since his life would be in danger if he was forced to return to the States. Had this occurred I am sure it would have created even more outrage!

 

[K_girl]

We should hear today whether or not Watson will be indicted in Alabama. I thought that the accused were allowed to make a statement at a grand jury proceeding, but that rarely happens because their statements could be used against them. I've also heard of some grand jury proceedings that are conducted in secret. Standards for evidence for grand jury indictments are pretty low, so it is not surprising that they would indict Watson. Mike_S posted that Watson's attorney expects an indictment and there are other indications that he will be:

"The BRISBANE TIMES says "On the seventh anniversary of the heartbreaking Queensland scuba diving death of his daughter, Tommy Thomas stood outside an Alabama courthouse with a smile on his face.

Minutes earlier, in a secret hearing where Mr Thomas was a key witness, a grand jury decided if his former son-in-law, Gabe Watson, would be charged with murdering and kidnapping his daughter, Tina, on the young couple's 2003 Australian honeymoon.

Mr Thomas knew the result, but under grand jury rules was banned from saying."

Source: What they're saying about Watson case in Australia - CBS 42

As for whether or not the prosecutor who replaces Troy King will persue the case, I believe that there is overwhelming political pressure to go forward with the case, not only from Tina's family, but from the Alabama public. This would be a very tough one for them to plead out unless the sentence is substantial.

 

[Superlyte27]

I still have a 500 lumen flashlight that says he'll never see a conviction of murder in the U.S.
Conspiracy to commit murder... maybe

 

[K_girl]

What happened to double jeopardy? If Alabama fails can another state have a go?

.."Alabama prosecutor Don Valeska says he has the right to pursue the case because of the dual sovereignty doctrine. Alabama's not limited by another country if the grand jurors feel that the offence started here," he said. "Each state has their own laws; each country does. If they're violated in both places, then both have jurisdiction."..

Source: What they're saying about Watson case in Australia - CBS 42

He cannot be tried by another state since no elements of the crime were committed in any other state. If Alabama does not try him, it is more likely over.

 

[K_girl]

Is he being accused of commiting a crime in Alabama? I guess there's the attempt to claim her life insurence and the perhaps the bizare behaviour removing the flowers. Seems fairly tenous to me.

He will be accused of planning the murder in Alabama and executing the plan in Australia and therefore tried for murder.

 

[mike_s]

We should hear today whether or not Watson will be indicted in Alabama.

is he being arrested today or something?


In Alabama, Grand Jury Indictments are sealed until the person is arrested and the hearings are held without public viewing.


So I doubt we'll hear today, unless it's "grand standing" by the prosecution to get themselves media attention.


Here's even a story on how this indictment for Gabe Watson has been sealed.

Watson court decision kept secret

He will be accused of planning the murder in Alabama and executing the plan in Australia and therefore tried for murder.

I still don't think they can try him for capital murder here when the crime wasn't committed here. But I don't underestimate Valeska to manipulate the system so he can notch another win at any cost of the integrity of the legal system. It's not stopped him before, so don't see why he would now.