This morning was a hearing for David Eaton. He and his lawyer are trying to take every step to give him every chance to get out of the sentence of 25 years in prison. They tried to suppress particular statements David made after police arrived - which statements I was not able to listen to if they were explicitly said.
Because the officers gave David all his Miranda rights, the judge denied the motion. This means that things that he said and admitted after being arrested will continue to be used to prosecute him.
A quick rundown of what happened on November 26th, the day Elena was killed. He was arrested. He at first did not want to speak to the officers but then a couple hours later decided that he wanted to talk to them. They made sure he understood that sharing without an attorney was something he did not have to do, and he voluntarily agreed. He gave an interview and then they took Dave back to the house much later in the day where they did a videotape of a reenactment of what he did. Later he went to the hospital and gave blood samples and then went back to prison. All of this happened on that one day.
There will be a trial. That is unless the judge and the prosecutors can have counsel with David before the trial happens. A trial like this should never go to trial: there is tons of evidence. They will try to do everything they can to stop it, but in the end it is David's decision whether there is a trial. It is in his best interest to have a trial. If he plead guilty, he would receive the 25 years and there would be no way to alter his sentence for the better. However if it goes to trial there is a slight chance that things could benefit him such as a sympathetic male juror or a mistrial. Some time ago he plead not guilty so that a trial could be an option.
David was there in the hearing but he was completely silent and he didn't look at the guest benches when he went by. He looks like the unabomber. His beard and hair is grown out.
I have received a subpoena to testify in the trial.
I feel good about what has happened today.
Because the officers gave David all his Miranda rights, the judge denied the motion. This means that things that he said and admitted after being arrested will continue to be used to prosecute him.
A quick rundown of what happened on November 26th, the day Elena was killed. He was arrested. He at first did not want to speak to the officers but then a couple hours later decided that he wanted to talk to them. They made sure he understood that sharing without an attorney was something he did not have to do, and he voluntarily agreed. He gave an interview and then they took Dave back to the house much later in the day where they did a videotape of a reenactment of what he did. Later he went to the hospital and gave blood samples and then went back to prison. All of this happened on that one day.
There will be a trial. That is unless the judge and the prosecutors can have counsel with David before the trial happens. A trial like this should never go to trial: there is tons of evidence. They will try to do everything they can to stop it, but in the end it is David's decision whether there is a trial. It is in his best interest to have a trial. If he plead guilty, he would receive the 25 years and there would be no way to alter his sentence for the better. However if it goes to trial there is a slight chance that things could benefit him such as a sympathetic male juror or a mistrial. Some time ago he plead not guilty so that a trial could be an option.
David was there in the hearing but he was completely silent and he didn't look at the guest benches when he went by. He looks like the unabomber. His beard and hair is grown out.
I have received a subpoena to testify in the trial.
I feel good about what has happened today.
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| Elena in red, 16 years old Isn't she a pretty girl? |
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