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Man kills girlfriend, then fries her in a pan.....

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65 comments

  • Txs
    quote:Originally posted by bhale187
    Do you really think they will find and seat 12 jurors who don't think this guy is crazy. Juror's don't make decisions based on law, they make them based on emotion.
    You don't quite get it.

    It's not a matter of whether they think he's crazy or not. Under our state's laws the only two issues for them to decide is whether he committed this act and did he know it was illegal-period.

    Under Texas law he could be diagnosed as having multiple serious disorders by every shrink in the phone book, yet still be found guilty, sentenced and executed. That's the way the law works here.

    BTW-In Texas he has a right to choose between a trial by jury or a trial by judge. For the exact reason you state the last thing his attorney wants to do is take this before a jury. After receiving such graphic evidence a jury would probably be requesting to inject him themselves. He stands a much better chance of poking around for legal techicalities in their case before a judge. After all, he's an attorney and we all know how they are. [:D]
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  • bhale187
    quote:Originally posted by mateomasfeo


    Does the name Jeffery Dahmler ring a bell? I believe he died in prison.




    Andrea Yates, Houston, TX. Ring a bell?
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  • mateomasfeo
    quote:Originally posted by bhale187
    quote:Originally posted by mateomasfeo


    Does the name Jeffery Dahmler ring a bell? I believe he died in prison.




    Andrea Yates, Houston, TX. Ring a bell?




    Does your phone ring a bell?

    Glad you read the link I posted.

    "In 2002, a Harris County jury rejected Yates' insanity defense and convicted her of 2 capital murder charges for the drowning deaths of 3 of her five children. She was sentenced to life in prison."
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  • Txs
    quote:Originally posted by bhale187
    Andrea Yates, Houston, TX. Ring a bell?A good example of something people here are trying to explain to you.

    Notice she didn't do anything like jumping in a truck and outrunning the police, then later barricading herself in a house as soon as the they showed up?

    This guy did, which shows he knew what he'd done was illegal. That's all it takes here to completely screw an insanity defense.
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  • bhale187
    quote:Originally posted by mateomasfeo
    quote:Originally posted by bhale187
    quote:Originally posted by mateomasfeo


    Does the name Jeffery Dahmler ring a bell? I believe he died in prison.




    Andrea Yates, Houston, TX. Ring a bell?




    Does your phone ring a bell?

    Glad you read the link I posted.

    "In 2002, a Harris County jury rejected Yates' insanity defense and convicted her of 2 capital murder charges for the drowning deaths of 3 of her five children. She was sentenced to life in prison."



    And in 2005 the appeals court overturned that decision, she is in a mental hospital, not prison
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  • Permanently deleted user
    quote:Originally posted by watrulookinat
    I wonder what his last meal will be??? If he get's the death sentence.


    Leftovers[:0][:o)][:D]
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  • bhale187
    quote:Originally posted by Txs
    quote:Originally posted by bhale187
    Andrea Yates, Houston, TX. Ring a bell?A good example of something people here are trying to explain to you.

    Notice she didn't do anything like jumping in a truck and outrunning the police, then later barricading herself in a house as soon as the they showed up?

    This guy did, which shows he knew what he'd done was illegal. That's all it takes here to completely screw an insanity defense.

    I fully understand that, and I deal with this plenty. I was an investigator on the 2004 murder of a Capitol security gaurd in Illinois. The shooter pulled the plates off his car, fled the scene, hide his car, hide the gun, and changed his appearance. He still got off on an insanity plea.
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  • mateomasfeo
    quote:Originally posted by bhale187
    quote:Originally posted by mateomasfeo
    quote:Originally posted by bhale187
    quote:Originally posted by mateomasfeo


    Does the name Jeffery Dahmler ring a bell? I believe he died in prison.




    Andrea Yates, Houston, TX. Ring a bell?




    Does your phone ring a bell?

    Glad you read the link I posted.

    "In 2002, a Harris County jury rejected Yates' insanity defense and convicted her of 2 capital murder charges for the drowning deaths of 3 of her five children. She was sentenced to life in prison."



    And in 2005 the appeals court overturned that decision, she is in a mental hospital, not prison


    That is correct.

    Return with us now to those thrilling days of, er, today, when you originally posted "Do you really think they will find and seat 12 jurors who don't think this guy is crazy."

    Answer? Yes.

    Hi ho, Silver! Away!
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  • bhale187
    quote:Originally posted by mateomasfeo

    That is correct.

    Return with us now to those thrilling days of, er, today, when you originally posted "Do you really think they will find and seat 12 jurors who don't think this guy is crazy."

    Answer? Yes.

    Hi ho, Silver! Away!



    True enough, they did find 12 jurors to convict Yates for drowning here children, but 3 years later another jury ruled the opposite.
    50/50 odds [;)]
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  • fishkiller41
    quote:Originally posted by tobefree
    Man... Texan's get all the good stuff to smoke!!!

    What? Like that girl's ears? That's friggin SICK!!
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  • mateomasfeo
    At least your position has softened and is going from one of "no way" to "50/50."

    Frankly, I believe it's more like 99 to 1 against the guy "winning" on the insanity defense in Texas.
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  • bhale187
    quote:Originally posted by mateomasfeo


    At least your position has softened and is going from one of "no way" to "50/50."

    Frankly, I believe it's more like 99 to 1 against the guy.

    I never said "no way" he'd get convicted, and didn't think I ever suggested I thought that. The 50/50 was really just a tongue and cheek statement, I still think it's more likey he gets sent to a mental hospital than prison.
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  • Txs
    quote:Originally posted by bhale187
    I fully understand that, and I deal with this plenty. I was an investigator on the 2004 murder of a Capitol security gaurd in Illinois. The shooter pulled the plates off his car, fled the scene, hide his car, hide the gun, and changed his appearance. He still got off on an insanity plea....and where did this take place? You're comparing apples and oranges.

    We have 50 states and their laws differ greatly. It's nonsense to speculate on the outcome of a criminal case in Texas based on how a case was handled in Illinois. Texas has an entirely different standard for criminal culpability.
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  • bhale187
    quote:Originally posted by Txs
    ...and where did this take place? You're comparing apples and oranges.

    We have 50 states and their laws differ greatly. It's nonsense to speculate on the outcome of a criminal case in Texas based on how a case was handled in Illinois. Texas has an entirely different standard for criminal culpability.


    Illinois insanity law is the Model Penal Code
    "a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law."

    Texas insanity defense is the M'Naghten Rule
    " at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, and not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong."

    ...doesn't sound like an entirely different standard for criminal culpability to me, in fact it sound like the same thing stated by 2 different lawyers.
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  • mateomasfeo
    BHALE:

    Many a law student has struggled with the legal definition of insanity. Perhaps this will help...

    Durham/McNaghten/MPC

    The strict M'Naghten standard for the insanity defense was used until the 1950s and the Durham v. United States case. In the Durham case, the court ruled that an person was legally insane if he "would not have committed the criminal act but for the existence of a mental disease or defect."

    The Durham standard was a much more lenient guideline for the insanity defense, but it addressed the issue of convicting mentally ill defendants, which was allowed under the M'Naghten Rule. However, the Durham standard drew much criticism because of its expansive definition of legal insanity.

    The Model Penal Code, published by the American Law Institute, provides a standard for legal insanity that was a compromise between the strict M'Naghten Rule and the lenient Durham ruling. Under the MPC standard, a defendant is not responsible for criminal conduct "if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law."

    This standard brought some flexibility to the insanity defense, by dropping the requirement that a defendant who knows the difference between right and wrong is therefore not legally insane, and by the 1970s all federal circuit courts and many states had adopted the MPC guideline.

    The MPC standard was popular until 1981, when John Hinckley was found not guilty by reason of insanity under those guidelines for the attempted assassination of President Ronald Reagan. Again, public outrage at Hinckley's acquittal caused lawmakers to pass legislation that reverted back to the strict M'Naghten standard, and some states attempted to abolish the insanity defense altogether.

    Today the standard for proving legal insanity varies widely from state to state, but most jurisdictions have returned to a more strict interpretation of the definition.
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  • Sperry
    Fe, Fi, Fo, Fum.
    I smell the blood of an Englishman.
    Be he alive or be he dead,
    I'll grind his bones to make my bread.


    Maybe the guy read Hansel and Gretel a few times too many.
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  • needmyguns
    we had a guy here in wisconsin a few years back that liked to do that..his name was ED GEIN..jeffery d was killed in prison some guy smashed him in the head.the guy who done this is now in the supermax prison they just built a few years back.i live about 7 miles from there.
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  • Txs
    quote:Originally posted by bhale187
    Illinois insanity law is the Model Penal Code
    "a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law."

    Texas insanity defense is the M'Naghten Rule
    " at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, and not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong."

    ...doesn't sound like an entirely different standard for criminal culpability to me, in fact it sound like the same thing stated by 2 different lawyers.
    I don't know where you got your source material, but Texas law actually states:

    ? 8.01. INSANITY. (a) It is an affirmative defense to
    prosecution that, at the time of the conduct charged, the actor, as
    a result of severe mental disease or defect, did not know that his
    conduct was wrong.
    (b) The term "mental disease or defect" does not include an
    abnormality manifested only by repeated criminal or otherwise
    antisocial conduct.

    The only thing I can say is that if what you've posted about Illinois law is accurate the prosecution on that case must've really sucked.
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  • tacking1
    quote:Originally posted by mateomasfeo
    quote:Originally posted by cartod
    quote:Originally posted by mateomasfeo

    Paddy cake,
    Paddy cake.
    Baker's man,
    Cut up your girlfriend
    Throw her in a pan.
    Stir it up,
    Stir it up,
    Eat it aaaaalll down!




    Its not going to be so funny when they find out thats the song he was singing during his dinner.


    By the way, I have an air tight alibi...




    that ain't what don said...oh NM "alibi" I thought you said something else
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  • mateomasfeo
    You wish...
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  • dan kelly
    be real interesting to see what happens when he walks into court and sees a texan jury sitting there ready to judge him....i reckon he`ll cry like a baby!, texan juries like the death penalty for things lile this[:D]
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  • Old-Colts
    I wonder if this case will be the first jury I'll be called to serve on since retiring and moving back to Texas, hmmm![:0]

    I think I could be fair and impartial since I always try to give the guilty a fair trial before I vote to hang them![^]
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  • kimi
    [:D]
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  • mateomasfeo
    quote:Originally posted by Old-Colts


    I think I could be fair and impartial since I always try to give the guilty a fair trial before I vote to hang them![^]


    Would you please wear a "HELLO MY NAME IS OLD-COLTS" badge.

    Thanks in advance.

    [:p]
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  • Old-Colts
    quote:Originally posted by mateomasfeo
    quote:Originally posted by Old-Colts


    I think I could be fair and impartial since I always try to give the guilty a fair trial before I vote to hang them![^]
    Would you please wear a "HELLO MY NAME IS OLD-COLTS" badge.

    Thanks in advance.

    [:p]
    Sure thing, I'll go out and get one made up tomorrow, just in case![8D]

    Say, you're not petitioning to be his lawyer are you and just baiting me so you can kick me off the panel?[:(]
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  • tacking1
    quote:Originally posted by mateomasfeo
    quote:Originally posted by Old-Colts


    I think I could be fair and impartial since I always try to give the guilty a fair trial before I vote to hang them![^]


    Would you please wear a "HELLO MY NAME IS OLD-COLTS" badge.

    Thanks in advance.




    [:p]




    Matty (or whatever your name is).
    This is a question that I am curious about:

    Could you REFUSE to represent this guy if you thought he was guilty? Or do you have an obligation? I figure you would take it as a challenge based on your previous posts here.

    But do you have a parallel oath to that of a DR>?
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  • mateomasfeo
    Tacking1, here ya go!!

    Matty (or whatever your name is).

    It's actually "Smedley" but Matty is close enough...

    This is a question that I am curious about:

    Could you REFUSE to represent this guy if you thought he was guilty?
    Or do you have an obligation?

    I am under no obligation to defend anyone, unless I make an official appearance on his/her behalf and later, deciding I want off, the judge refuses to allow me to withdraw, which is VERY rare.

    I figure you would take it as a challenge based on your previous posts here.

    Haven't met that case yet...

    But do you have a parallel oath to that of a DR?

    Statutory Texas Oath of Attorney

    1. Each person admitted to practice law shall, before receiving a license, take an oath that the person will:

    a. support the constitutions of the United States and this state;
    b. honestly demean himself in the practice of law; and
    c. discharge the attorney's duty to his client to the best of the attorney's ability.

    2. The oath shall be endorsed on the license, subscribed by the person taking the oath, and attested by the officer administering the oath.
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  • mateomasfeo
    quote:Originally posted by Old-Colts


    Sure thing, I'll go out and get one made up tomorrow, just in case![8D]

    Say, you're not petitioning to be his lawyer are you and just baiting me so you can kick me off the panel?[:(]


    I wouldn't do that.

    As far as you know.

    [:p]
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  • tacking1
    quote:Originally posted by mateomasfeo
    Tacking1, here ya go!!

    Matty (or whatever your name is).

    It's actually "Smedley" but Matty is close enough...

    This is a question that I am curious about:

    Could you REFUSE to represent this guy if you thought he was guilty?
    Or do you have an obligation?

    I am under no obligation to defend anyone, unless I make an official appearance on his/her behalf and later, deciding I want off, the judge refuses to allow me to withdraw, which is VERY rare.

    I figure you would take it as a challenge based on your previous posts here.

    Haven't met that case yet...

    But do you have a parallel oath to that of a DR?

    Statutory Texas Oath of Attorney

    1. Each person admitted to practice law shall, before receiving a license, take an oath that the person will:

    a. support the constitutions of the United States and this state;
    b. honestly demean himself in the practice of law; and
    c. discharge the attorney's duty to his client to the best of the attorney's ability.

    2. The oath shall be endorsed on the license, subscribed by the person taking the oath, and attested by the officer administering the oath.






    Thanks Smed.

    Maybe Mike Nifong needs to move to Texas and practice. Those 4 seem to be a bit fluid, or is the intent fluidity and open to interpretation?

    I always figgered John Adams to be a lawyering SOB as he defended the British soldiers that committed the Boston Massacre and got them off.
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  • mateomasfeo
    quote:Originally posted by tacking1

    Those 4 seem to be a bit fluid, or is the intent fluidity and open to interpretation?



    I don't understand what you are asking me...

    Smedley
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