Chris - The Legal Issues - A Prosecutor's Perspective

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ttm33

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They wouldn't publicly lay down further charges at this stage since that would fuck up negotiations and tip their hand.
This strikes me as counterproductive in most cases. That's not to say that more charges won't be brought, but if I'm the prosecution, and I have evidence to get convictions on multiple felonies, I want the defense to know about it during negotiations so they'll take whatever I decide to give them. I don't do myself favors by being coy about the strength of my case or the number of felonies I can get convictions on.

Likewise, if I'm the defense, and they haven't charged my guy with something, then I'm probably concluding they don't have the evidence yet. If the State says it's gonna charge my guy with more felonies unless he takes the plea, then I'm asking to see what evidence they have so I can advise my client. If they refuse, then they can go fuck themselves--they must not have shit.

So I just don't see how the prosecution does itself favors by essentially pretending its position is less powerful than it is.
 

blackboots

Free the bats in Barb's belfry
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No, no, not to the defense, to the public. They don't want to overplay, have to walk back and get political backlash for making a deal. Likewise, keeping certain details out of public eyes is a bargaining chip too. They wouldn't necessarily tell the defense all the evidence, but the cops are 100% allowed to lie and overplay their hand to get a confession etc, so by the time the prosecution is on call, it's less likely they'd even need to pressure as much.
 
Does anyone have a sense of what the State's evidence could be aside from CWC's comments? What's the likelihood that Barb is cooperating/has the ability to cooperate? I have to wonder what...sigh...physical evidence there could be. Assuming the State proves up the phone recording and the statements to Null, is there anything else? I know it's baseless speculation right now, but that's what we're here for.

Prosecutors routinely get sex crime convictions without multiple recorded confessions from the Defendant, but if all they've got are this fool's statements, a jury may find themselves with some pretty fucking reasonable doubt.
Well, as far as physical evidence, one thought that occurred to me is that if Chris used condoms for whatever reason, all they'd need would be to find a used condom with Chris' DNA on the inside, and Barb's DNA on the outside. That'd give them basically iron clad physical proof that Chris fucked Barb. If they managed to find that, it's basically over except for trying to negotiate down to as close to "just" an incest charge as they can get. If the medical evaluation of Barb showed she needed to be on meds to be coherent and she wasn't on them, or turned up signs of rape or physical abuse, then they'll be pretty set as far as physical evidence if they care to pursue rape or abuse of elder charges, regardless of whether or not Barb is cooperating.

All in all, the direction this case goes is probably going to rely heavily on what the doctors say about Barb and Chris. That's what's likely going to be guiding negotiations and additional charges beyond the incest charge; with the incest charge likely being incontrovertible.
 

AnOminous

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All in all, the direction this case goes is probably going to rely heavily on what the doctors say about Barb and Chris. That's what's likely going to be guiding negotiations and additional charges beyond the incest charge; with the incest charge likely being incontrovertible.
If it actually happened, and there's absolutely no reason at this point to think it didn't, there is no way a hoarder's nest like 14BC is not packed with physical evidence.
 

Ophelia

Literally the Real Player One
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From Barb’s POV, the cuddling in bed could be an innocent thing mothers do with small children. Spooning and rape are very different things. Barb should have cut it out when Chris stopped being a literal toddler (mental capacity notwithstanding), but it doesn’t really indicate that she looked at Chris the way he looked at her.
 

ttm33

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If it actually happened, and there's absolutely no reason at this point to think it didn't, there is no way a hoarder's nest like 14BC is not packed with physical evidence.
Caveat. There's one decent reason to think it didn't happen: that's exactly what we're supposed to do legally until the state erases any reasonable doubt otherwise. But yeah, realistically, CWC wasn't going through the place with a blacklight and bleach destroying forensic evidence or encrypting any video evidence.

I have to wonder what CWC said during interrogation. There's a 0% chance it was "I'm invoking my right to remain silent and I want a lawyer." Maybe CWC's most noteworthy characteristic is that it's mind-numbingly easy to manipulate him. Otherwise, none of us would be here right now. If you put most modestly intelligent people into a room alone with CWC and told them to go get him to confess that he singlehandedly did 9/11, would they even need the whole day to get the job done? Imagine what detectives who are trained to get confessions could do.
 
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AnOminous

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Caveat: There's one decent reason to think it didn't happen: that's exactly what we're supposed to do legally until the state erases any reasonable doubt otherwise.
That's what a court is supposed to do. It does not apply to normal people who can have whatever opinion they like, or to prosecutors, who will sometimes even publicly call someone outright guilty.
 

ttm33

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That's what a court is supposed to do. It does not apply to normal people who can have whatever opinion they like, or to prosecutors, who will sometimes even publicly call someone outright guilty.
Sure. Just when I hear someone say "there's absolutely no reason at this point to think it didn't [happen]" then it makes the defense attorney part of my brain sad.
 

AnOminous

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Sure. Just when I hear someone say "there's absolutely no reason at this point to think it didn't [happen]" then it makes the defense attorney part of my brain sad.
I'm not even in the jury pool and if I were, I'd have to disqualify myself for clear bias. Even Chris deserves a good trial, but there is no way he'd get one from me at this point.
 

nvrwastetree

Identifies as an attack helicopter
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If by some chance Chris gets released, and Chris has to legally stay away from Barb and the house, the house is the first place Chris will go.

Well yeah, and the reason why he would go back to the house, even though he wouldn't be legally allowed to is because of three reasons. He's a fucking delusional exceptional individual, he doesn't believe laws apply to him (see his trespass charge after the macing incident), and hes extremely stubborn.
 

AnOminous

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In Virginia incest cases are handled in family court. If he's charged with a real felony, they'll move it back to circuit court.
It's a wobbler that can be charged as a felony, a so-called Class 5 felony. If it's charged as such and a grand jury returns a true bill, it goes to Circuit Court unless the perp or the victim is a minor. In this case, the preliminary proceedings before then are in the Juvenile and Domestic Relations District Court because of the nature of the offense. I think to stay in District Court, the prosecution would have to abandon prosecuting it as a felony, as felonies require a grand jury, and the District Court does not have one.
 

RodgerDodger

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If it actually happened, and there's absolutely no reason at this point to think it didn't, there is no way a hoarder's nest like 14BC is not packed with physical evidence.
It might actually be packed with too much evidence. Dude saves his semen in tupperware in the freezer. If the CSI techs go in with a blacklight, they come out with a call of duty mental disability and a lifetime of conceling. Every fucking surface of that house is coated in Chris's love quest. Like 3 coats of paint.
 

AnOminous

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It might actually be packed with too much evidence. Dude saves his semen in tupperware in the freezer. If the CSI techs go in with a blacklight, they come out with a call of duty mental disability and a lifetime of conceling. Every fucking surface of that house is coated in Chris's love quest. Like 3 coats of paint.
There's nothing illegal about storing your semen in Tupperware. Condoms in the trash (which nobody takes out in all likelihood) with Chris jizz in them and Barb DNA outside them would do though. Same with whatever gross sex toys he used on her. Fluids from both of them on the never-cleaned bed. That "Raping Senile Old Ladies 101" book.
 
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