Watson Murder Case - Discussion

[K_girl]

Luther Strange is the incoming Alabama AG. He is a Republican and received Tea Party support, meaning he is conservative and these people tend to be more hard-nosed about justice. Not a surprise, considering it is the conservative south.

I personally would have preferred a more liberal-minded AG and prosecutor determine whether or not they have a case to take to trial. It doesn't look like there will be much hope that the case will be dropped at this initial stage.

We will have to see what kind of judge gets the Watson case. Judges have to follow the law and if the defense can argue pre-trial motions, especially in the area of jurisdiction, they may be able to bring the case to a quick end. They won't win on double jeopardy, but they should try anyway.

 

[mike_s]

Luther Strange only won for 2 reasons.

1.) He had name recognition because he ran for Lt Gov last term and had good marketing. No one pretty much had heard of the other guy (Democrat) . But they'd all heard of Luther just because of his TV commercials. he had a name you could remember from those "Big Luther" commercials (now and 4 years ago).

2.) The state pretty much did a "sweep" of every Democrat in office on the state executive level. Republican won every state office by default in a 2 to 1 margin. Party line voting alone won the election for him. (meaning people who voted the "Republican box" on the form without individual candidate voting.)


People have no clue about Luther Strange and how he'll act. he's never been in office before and never been in a courtroom where he tried a case. It didn't have anything to do with Tea Party.... it was more of people were just tired of democrat party "crap". (hence the "full sweep")


One democrat politician was noted as saying "Coach Nick Saban running as a Democrat couldn't have beaten an one legged child molester in this past election. " (in this state)


simple as that.

 

[K_girl]

A grand jury in Birmingham indicted Watson on October 22 on two counts: capital murder in the course of kidnapping and capital murder for pecuniary gain.

I'm not an attorney, but I'm wondering if the Defense can argue the kidnapping charge as Tina went willingly on her honeymoon with Watson. If they get the kidnapping charge dismissed, I wonder if that would negate the murder charge on jurisdiction grounds. In other words, if he didn't kidnap her, the prosecution may not be able to argue that the "plan" started in the U.S., which is what they say gives them jurisdiction.

In addition, isn't kidnapping the charge that makes it a capital offense? Even though they cannot impose the death penalty, it may reduce the murder charge to a non-capital offense which could potentially lower the life imprisonment sentence.

It if goes to trial, I believe the jury may also be able to decide whether or not Watson kidnapped Tina and impose lesser charges, i.e. manslaughter. It will depend on what Jury Instructions the judge will allow.

ItsBruce - where are you?

Just a thought anyway.

 

[Docc]

Someone sent me this link to the Sheriff's Dept. to say "no bond" for Watson. But I don't know if this means whether or not there has been a bond hearing at this point:

Jefferson County Sheriff's Office

Couldn't find anything in the news about it.

I'm not someone......I'm Docc....

Article in the paper today says his attorneys are requesting a bond hearing but the case has not yet been assigned so a Jefferson county judge can't set a hearing date.

 

[Docc]

K...I sent you a pdf scan of the article.

 

[mike_s]

I'm not an attorney, but I'm wondering if the Defense can argue the kidnapping charge as Tina went willingly on her honeymoon with Watson.

Troy King commented on that yesterday.

He said that if you go willingly from B'ham to HSV (cities he referenced) with me and then all along that I planned on "kidnapping" you when we got there, then he can assert jurisdiction in Jefferson County (Birmingham) because that's where the crime initiated, even if you didn't know it yet. (that you were being kidnapped)

Whether he's right or not, will be up to 12 people.

but just referencing on what he made comments on yesterday.

In addition, isn't kidnapping the charge that makes it a capital offense?

The charge by default is a capital offense regardless to what "sentencing agreement" was made pre extradition . It doesn't change the initial charge. Just limits sentence.

Even though they cannot impose the death penalty, it may reduce the murder charge to a non-capital offense which could potentially lower the life imprisonment sentence.

that can happen in any case. happens every day.

It if goes to trial, I believe the jury may also be able to decide whether or not Watson kidnapped Tina and impose lesser charges, i.e. manslaughter. It will depend on what Jury Instructions the judge will allow.

way to many pre-trial arguments and motions to figure that into play now.....

I'm not someone......I'm Docc....

Article in the paper today says his attorneys are requesting a bond hearing but the case has not yet been assigned so a Jefferson county judge can't set a hearing date.

It's been assigned now. see my above post. #263

 

[lenjet1075]

Hmmmm....passed the first hurdled...was charged...u might be owing a flashlight.....

 

[DandyDon]

Hmmmm....passed the first hurdled...was charged...u might be owing a flashlight.....

5 years, 1 post, and what? :silly:

 

[DandyDon]

This was surprising to me. I thot that a dive computer with a battery in backwards simply would not function, but I have never dived one with a transmitter: Early error blinded police on dive death | The Australian
excerpting...

As Adam White, former technician for Oceanic, the manufacturer of Watson's dive computer, has explained under oath, the device will in fact beep (as Watson said it did) when the battery is fitted incorrectly in the transmitter. White has agreed it was not difficult to imagine circumstances where the battery would be put in upside down.

I have to wonder why the police did not get the owner's manual from the website, study it enough to see that there are two parts, and halt testing until they found the other part?

Or why didn't they place an anonymous call to Oceanic asking about the beeping?

 

[K_girl]

Excellent post DandyDon. I will add it to the issues thread. Indeed - I did believe that Gabe's computer was a wireless Oceanic DataTrans and I posted a links to the manual about that computer here: http://www.scubaboard.com/forums/5411863-post57.html

Here is an excerpt from the manual:

Page 12 - "During diagnostic mode (power-up) the DataTrans measures the battery volage level of both the display module and the transmitter to determine whether there is sufficient voltage to complete a full day of diving. Warning - If either or both of the Low Battery icons remain on display following activation, Oceanic strongly recommends that you DO NOT dive until you have obtained battery replacement. If there is not enough battery voltage in the display module to complete a day of diving, the DataTrans will either deactivate itself or not activate at all.
If there is not sufficient voltage in the transmitter to complete a full day of diving, the link icon and tank pressure of "00" PSI will flash on display, indicating that the display module is not receiving a signal."

**************

NOTE: if the battery was in the transmitter backwards, the dive computer would have behaved as indicated in bold above]. So, the manual says it will flash, but no mention of beeping. But hard to argue with the manufacturer if they say it will beep. However, even if it doesn't beep, I don't think the prosecution can make an effective argument that Watson was lying. Beeping, flashing, many of us would not necessarily distinguish.

Here is another item of note on this:

Source: http://www.townsvillebulletin.com.au...0135_news.html

[AMANDA PHILLIPS] Mrs Phillips said in the days leading up to the wedding the pair had run errands, including picking up a dive computer that needed checking before the couple's trip to Australia. She said she thought it was Tina's dive computer, but it turned out to be Gabe's; and that the man at the dive shop said the batteries were in backwards, and turned it on to show them it worked. "Back at the house ... Tina was razzing Gabe about it, as it was usually him giving her a hard time about being a ditzy blonde and doing things wrong, but this time it was him," Mrs Phillips said. "I remember Gabe then fiddled with the dive computer for a few minutes while we were getting the rest of Tina's dive gear together for him to pack."

****

From DandyDon's post above, excerpt from Watson's statement to police:

Detective Gehringer: "Have you put a battery in wrong before?"

Watson: "Yeah . . . and I changed both the batteries before I left [the US] and I basically just stuck them in."

****

So - the prosecution would probably have to argue that Watson wasn't lying about the battery in backwards, but he deliberately manipulated the dive computer to create the problem. Watson's "plan" would then become even more planned. Not saying that this would be a successful argument with the jury, just putting forth what they might argue, assuming the two witnesses testify as quoted.

In addition, you would have to assume that the Australian police did not consult with an expert on dive computers. Just who did they have examining that piece of evidence? If they were so inept at examining that evidence, what about the assertion that Gabe's computer did not show an attempt to go down after Tina, as the police asserted? Certainly, they released all this evidence as fact to the public in numerous stories. I think the prosecution will have to re-examine all the computer evidence with real experts. They will not be able to rely on the work that was done in Australia.