Saturday, 01/10/09

[gstickley]

Good morning.

I have questions pertaining to recent news articles in the CDT that quite possibly relate to the Ray Gricar investigation.

There have been two (2) articles published relating to ADA Lance Marshall, who was ADA during RG's tenure. ADA Marshall took over the AVM case upon RG's disappearance and, before the year was over, the death penalty had been dismissed, VM was allowed to plea, and was subsequently released after spending 2 yrs. in jail. (It has to be noted here that for approx. 2 yrs., RG had the death penalty pending against VM & still did upon his disappearance; upon RG's disappearance, the death penalty could no longer stand?????????

The State is now investigating ADA Lance Marshall

http://www.centredaily.com/news/loca...y/1050646.html

The above article (the 2nd one published) can still be found in the CDT. The first article (01/03/09) can no longer be accessed; it related to ADA Marshall resigning from the DA's office (this article had some 65 comments about it).

I am interested in the "comments" made after the story. Several have been detrimental to LM & MM, several "commenters" have referred to Gricar, & a couple have referred to LM perhaps telling 'inside information' on the DA's office for a better deal. That might be quite interesting if it related to RG.

I want to know why the change in the prosecution of crime after RG's disappearance. I want to know what was occurring in the DA's office at the time of RG's disappearance. I want to know everything. I want to know if LM has any answers to my/our questions.

[Serendipitous1]

I can still find the article ("Marshall quits post in DAs office") cached in Google...sans comments though. Since the CDT switched from "prospero" to "pluck", I have not been able to find the archived comments stash...yet.

District Attorney Shortage (http://wearecentralpa.com/content/fulltext/?cid=53881)
Check out the video. Is MM sporting facial hair these days...:ohmy:...or is it just my low speed connection?

[Serendipitous1]

Some insight into the defense (and prosecution) of AMV...post Gricar disappearance...can be found here. (http://www.raynesmccarty.com/news/detail.php?ID=67)

Although Marshall thought the child had been shaken to death, he said the first degree murder charge (http://www.philly.com/philly/news/homepage/10847837.html?viewAll=y) (which was not his decision) was a reach because there was no motive.

[gstickley]

Some insight into the defense (and prosecution) of AMV...post Gricar disappearance...can be found here. (http://www.raynesmccarty.com/news/detail.php?ID=67)

Although Marshall thought the child had been shaken to death, he said the first degree murder charge (http://www.philly.com/philly/news/homepage/10847837.html?viewAll=y) (which was not his decision) was a reach because there was no motive.

In August, Hehmeyer and DeCaro were granted a motion to dismiss that capital charge by Centre County Common Pleas Court President Judge Charles C. Brown Jr.

“The court determines the commonwealth failed to present sufficient evidence to constitute a prima facie case on the charge of murder of the first degree,” Brown said. “The commonwealth presented evidence that Lucas’ death was a result of shaken-baby syndrome and possible impact to the head…however, the commonwealth did not present further evidence to show defendant’s intent to kill,” Brown said.
(from www.philly.com/philly/news/homepage/10847837.html, listed above)

IMO, Poor Baby Lucas was let down by this decision & the Commonwealth of PA.

[Serendipitous1]

It's not your low speed connection. He is sporting alot of facial hair.

Did you happen to catch the end line where the reporter states 'Ray Gricar disappeared and LEFT the office without an elected chief for over eight months'?

Not 'CAUSING the office to be without an elected chief', but 'LEFT the office'----------------When I watch news on videos here I understand why I live a 'no TV, radio, newspaper' life. I would be buying too many TV's after throwing something at 'stupid statements'---broadcast far and wide as truth.
JMOThanks. I thought he looked a little rough. All of this office trouble, added to the normal pressure, might be wearing on him (turning his beard white).

Perhaps if you did view/listen to more of the news media, you would know not to parse so hard. I seriously doubt the reporter's choice of words was intended to convey any thought of a volitional disappearance.

[Cloudbuster]

I can still find the article ("Marshall quits post in DAs office") cached in Google...sans comments though. Since the CDT switched from "prospero" to "pluck", I have not been able to find the archived comments stash...yet.

District Attorney Shortage (http://wearecentralpa.com/content/fulltext/?cid=53881)
Check out the video. Is MM sporting facial hair these days...:ohmy:...or is it just my low speed connection?

MM is sporting hair and Im not making front of him. It's against my religion to do that. If you need the comments I have them but I can't put them up on here cause he aren't allowed to carry over posts. Just let me know.

[Cloudbuster]

I just rechecked I have only one page of the comments. The rest are vanished. The page I have has about Penn state Cor.

[Cloudbuster]

Here are some posts and a different story on Marshall. It says that Marshall was told to resing or face being fired.

http://mbd.scout.com/mb.aspx?s=157&f=1395&t=3746593

[Cloudbuster]

I believe another district attorney is missing?
http://www.wreg.com/Global/story.asp?S=9629734

[Serendipitous1]

You may be right gstickley. It seems to me that a DA who approves capital murder charges (as RG did in this case) ought to have all of the necessary elements lined up, including motive. But according to the philly.com link I provided, LM thought RG was reaching.

It would be impossible for us to predict how this case would have turned out had RG been around. As it did turn out, the matter ended within RG's term. If first degree murder was a stretch, the judge might have ruled against the prosecution (RG) anyway...which would be the saddest of ironies if RG was disappeared to thwart that which never had a chance of succeeding

Another thing I noted in that philly.com article was that the first defense attorney pursued a medical defense. But the two local attorneys appointed after he withdrew wanted the baby's father to accuse the mother, since prosecutors had also suspected her. I wonder if that might have precipitated the event which KA reported to the BPD?

[Serendipitous1]

Was there more to this particular video than what was on the link?

If there wasn't, the reporter's statement to the public is incorrect, unless, of course, the reporter knows beyond any doubt that it was RG who 'left the office without an elected chief for over eight months'. It is a misleading statement, based on ???
JMOI trust you will immediately call the station and demand a retraction then.

[Politigal]

It's just my opinion, but I can't see any real link between Marshall, Mendez or Gricar's disappearance. The other circumstances of Gricar's disappearance involve only one individual....and it's neither of those guys.

[gstickley]

You may be right gstickley. It seems to me that a DA who approves capital murder charges (as RG did in this case) ought to have all of the necessary elements lined up, including motive. But according to the philly.com link I provided, LM thought RG was reaching.

It would be impossible for us to predict how this case would have turned out had RG been around. As it did turn out, the matter ended within RG's term. If first degree murder was a stretch, the judge might have ruled against the prosecution (RG) anyway...which would be the saddest of ironies if RG was disappeared to thwart that which never had a chance of succeeding

Another thing I noted in that philly.com article was that the first defense attorney pursued a medical defense. But the two local attorneys appointed after he withdrew wanted the baby's father to accuse the mother, since prosecutors had also suspected her. I wonder if that might have precipitated the event which KA reported to the BPD?

I've read the article on the shaken baby several times in the past 3+ yrs. IMO, RG did have the 1st degree charge down pat. He went so far as to go before the AG Child Abuse Board, which determined this was a case of Shaken Baby Syndrome & that it happened while the father was with the child, & not while the child was with its mother.

No, we don't know if the judge would have ruled against RG; however, RG hadn't backed down until 04/14/05.

I'm sorry, but it has always appeared to me that the ADA who took over the case (LM) was intimidated by the high-powered defense attorneys; in fact, if you read the article (esp. page 10) you will pretty well see that is the case. (http://www.philly.com/philly/news/ho.../10847837.html)

I don't know whether this case had anything to do with the disappearance of Ray Gricar. From reading all the websites ref. VM & his wife, there certainly seemed to be more than a little friction between the wife/her relatives & friends/his countrymen and Ray Gricar/the Centre Co. DA's office. (I wonder if this is one of the cases LE checked.)

[Serendipitous1]

LM was apparently not convinced of the first degree murder charge and therefore RG's filed intention to seek the death penalty in the AMV case. And according to "jka", LM had "mental health issues", especially with women "victims".

My question for the evening...soon to be lost in this ridiculous one-thread-a-day atmosphere, where every day's mishmash thread remains open...is, did someone in the DA's office let it be known to anyone on the other side that (essentially) but for Ray Gricar the first degree murder charge (and potential death penalty) would go away?

[Serendipitous1]

I don't subscribe to their news, and would not have been subject to it if not for looking for 'facial hair'. My mistake was in not disengaging immediately after I saw the facial hair, and before the lips moved.
It's actually a good reminder for me-------thanks!!
I don't need another full time job.
JMONo problem logicworks. Glad to help (at least when I am sober...which, according to some "reports", is not very often)....:glare:

[Serendipitous1]

It's just my opinion, but I can't see any real link between Marshall, Mendez or Gricar's disappearance. The other circumstances of Gricar's disappearance involve only one individual....and it's neither of those guys.Whatever happened to RG is unknown...or unprovable. I visited your "trench". It is deep and not that well constructed...I did not like it. I am just sending out "postcards"...looking for a better "view". But all I have ever been able to do is to send out "postcards". I hope you understand.

[gstickley]

LM was apparently not convinced of the first degree murder charge and therefore RG's filed intention to seek the death penalty in the AMV case. And according to "jka", LM had "mental health issues", especially with women "victims".

My question for the evening...soon to be lost in this ridiculous one-thread-a-day atmosphere, where every day's mishmash thread remains open...is, did someone in the DA's office let it be known to anyone on the other side that (essentially) but for Ray Gricar the first degree murder charge (and potential death penalty) would go away?

(Sounds like LM still has "mental health issues" esp. with women "victims".)

I've had the same question as you ref. the AVM case.

There is "evidence" of so much anger at the DA's office (& RG WAS the DA!) right there in black & white in articles ref. AVM. That has really put up a "red flag" for me as to a possible suspect(s) related to the AVM case; however, there are so many people involved in that case, where would you begin??? (Real close to home, maybe???)

Of course, IMO, everyone in the area is a "suspect"!!!

[Politigal]

Whatever happened to RG is unknown...or unprovable. I visited your "trench". It is deep and not that well constructed...I did not like it. I am just sending out "postcards"...looking for a better "view". But all I have ever been able to do is to send out "postcards". I hope you understand.


Do you have a believable hypothetical scenario for Gricar's disappearance involving a disgruntled Costa Rican (or someone else opposed to the death penalty) that would truly incorporate all the other circumstances of the case?

Take your time.

[J. J. in Phila]

IIRC, the scene that took place was in Manchester's office, so would the two local attorneys who wanted the baby's father to accuse the mother have been on board yet?

First, Manchester withdrew in 12/04, so there would be no need to confront him.

Second, it is far from clear that the incident involved Manchester or Mis. Vargas.

[Politigal]

I've been trying to go back & research cases that were in the works just prior to Gricar's disappearance where Lance Marshall might have been involved in prosecuting (besides the Mendez case)...

One was taking place in March/April of 2005, where a tanning salon owner (Ron Hanslovan) was peeping on his clients. From an article dated 4/6/05, it was reported that Lance Marshall was prosecuting the case.

http://www.tantoday.com/forums/salon-discussion/15321-police-charge-salon-owner.html

Assistant District Attorney Lance Marshall said he has not had a role in the Tanfastique investigation, though he is prosecuting the case.

"The district attorney doesn't always get involved in the investigation unless it's a more serious crime, such as a sexual assault or white-collar crime," he said. "I'm not trying to belittle this case, but the charges are misdemeanors."

Marshall said he assigns a priority to each case he receives.

"This [preliminary hearing] is three weeks away, and is not very high on my list now," he said.


However, 3 wks later, it's Nathan Boob who is prosecuting. :confused:

4/28/08 Assistant District Attorney Nathan Boob will be prosecuting the case. However, he could not be reached for comment.

During the course of the case it was learned that one of the women who had initially reported the salon owner had actually revisited the salon for tanning another 28 times *after.*

Anyway, I'm just very curious...could Gricar have taken Marshall off the case for some reason?

[Politigal]

It is possible, but a rather small case compared to the upcoming death sentence case.

If the new attorneys came on board shortly before jury selection was expected to occur, and the AVM case heated up, possibly LM was needed more on the AVM case than on the other.

If the new attorneys were introduced prior to the disappearance, was blaming the D.A.'s office the prevailing attitude throughout?

Hehmeyer said--- "And what angers me is that the D.A.'s Office did not let him off."

JMO

It was a small case compared to the death penalty case.

I was trying to learn if perhaps there was some personnel issue with Marshall gearing up at the time of Gricar's disappearance.

[J. J. in Phila]

I've been trying to go back & research cases that were in the works just prior to Gricar's disappearance where Lance Marshall might have been involved in prosecuting (besides the Mendez case)...

One was taking place in March/April of 2005, where a tanning salon owner (Ron Hanslovan) was peeping on his clients. From an article dated 4/6/05, it was reported that Lance Marshall was prosecuting the case.

http://www.tantoday.com/forums/salon-discussion/15321-police-charge-salon-owner.html

Assistant District Attorney Lance Marshall said he has not had a role in the Tanfastique investigation, though he is prosecuting the case.

"The district attorney doesn't always get involved in the investigation unless it's a more serious crime, such as a sexual assault or white-collar crime," he said. "I'm not trying to belittle this case, but the charges are misdemeanors."

Marshall said he assigns a priority to each case he receives.

"This [preliminary hearing] is three weeks away, and is not very high on my list now," he said.


However, 3 wks later, it's Nathan Boob who is prosecuting. :confused:

4/28/08 Assistant District Attorney Nathan Boob will be prosecuting the case. However, he could not be reached for comment.

During the course of the case it was learned that one of the women who had initially reported the salon owner had actually revisited the salon for tanning another 28 times *after.*

Anyway, I'm just very curious...could Gricar have taken Marshall off the case for some reason?

P'gal, the only strange thing is that the cases got shifted because RFG was missing. Boob was junior to LM in terms of seniority, so it is probable that he was assigned a lower priority case which LM was given higher priority cases.

[gstickley]

I can still find the article ("Marshall quits post in DAs office") cached in Google...sans comments though. Since the CDT switched from "prospero" to "pluck", I have not been able to find the archived comments stash...yet.

District Attorney Shortage (http://wearecentralpa.com/content/fulltext/?cid=53881)
Check out the video. Is MM sporting facial hair these days...:ohmy:...or is it just my low speed connection?

After the excitement of seeing MM sporting a beard, I went back last night to read & listen to the news report.

So, now there are six ADA's remaining, since LM 'bit the dust' and one has been on extended medical leave since last fall. Does anyone know if the "sick" (medically speaking) ADA is SS? (If so, he needs to get a new doctor!)

Is there any way to check on what cases SS (if SS is the one on medical leave) may have been working when he took the medical leave? And what cases LM may have been working when he resigned?

[sherrijean981]

I don't subscribe to their news, and would not have been subject to it if not for looking for 'facial hair'. My mistake was in not disengaging immediately after I saw the facial hair, and before the lips moved.
It's actually a good reminder for me-------thanks!!
I don't need another full time job.
JMO


I have tv and am on the Dish Network and no longer receive the Altoona station. I miss it so much! Thank S1 for linking it and the story. I think MM looks a little more mature with the small beard. He should keep it.

LW I don't know how you gave up tv's but there are times when I watch news articles I sit here sobbing for the young people and children who have been abused and mutilated, and wish I could do the same. It is my link to the world since I no longer have a car. What I can't see there I pick up on the internet.

It puts RG's job with the Women's Resource Center in a whole new light. Maybe his heart could not take anymore of it, the cruelty of man-kind to others.

[Politigal]

If Sloane is the one that's been out on medical leave (on & off since early 2005) ....people aren't usually paid when they're out on leave. I wonder how he earns a living? I mean, he was out in April 05 when Gricar disappeared, he was out for a car accident or something like that, he was out for pneumonia, ....goodness..and he's a fairly young man to have so many medical issues.

[J. J. in Phila]

If Sloane is the one that's been out on medical leave (on & off since early 2005) ....people aren't usually paid when they're out on leave. I wonder how he earns a living? I mean, he was out in April 05 when Gricar disappeared, he was out for a car accident or something like that, he was out for pneumonia, ....goodness..and he's a fairly young man to have so many medical issues.


He hasn't been out since 2005, but he has had numerous health problems.

It's not that uncommon, as I left work on disability at 35.

Still, if Madeira needs an excuse to turn the case over to the AG, this is it.

[Serendipitous1]

He hasn't been out since 2005, but he has had numerous health problems.

It's not that uncommon, as I left work on disability at 35.

Still, if Madeira needs an excuse to turn the case over to the AG, this is it.SS's health problems would be the excuse...or your's? Explain please.

[Serendipitous1]

Of all the days to get caught speeding...Natalie, Natalie (http://ujsportal.pacourts.us/docketsheets/MDJReport.aspx?district=MDJ-30-3-02&docketNumber=TR-0001039-05)

[gstickley]

Of all the days to get caught speeding...Natalie, Natalie (http://ujsportal.pacourts.us/docketsheets/MDJReport.aspx?district=MDJ-30-3-02&docketNumber=TR-0001039-05)

What a day indeed.

[J. J. in Phila]

SS's health problems would be the excuse...or your's? Explain please.


I'm referring to the staffing at the office. MM is complaining about lack of resources. Okay. he can give the RFG case to the AG's Office.

[Serendipitous1]

I'm referring to the staffing at the office. MM is complaining about lack of resources. Okay. he can give the RFG case to the AG's Office.Thanks for the clarification. For a moment there I thought you were going down some "conflict of interest" road involving SS.

[J. J. in Phila]

What a day indeed.

And more than 200 miles from Lewisburg. Depending on the time, that might be a very solid alibi from Mrs. Vargas.

[Serendipitous1]

And more than 200 miles from Lewisburg. Depending on the time, that might be a very solid alibi from Mrs. Vargas.Twas not Lisa.

[Serendipitous1]

Twas not Lisa."I'm not Lisa" (http://www.youtube.com/watch?v=FOdaRic7uH0)

[J. J. in Phila]

Twas not Lisa.


Then what is the relevance?

It's the opposite direction from the route to Lewisburg, from the listed town of the driver. Whomever Natalie is, she likely has an alibi.

[Serendipitous1]

Then what is the relevance?

It's the opposite direction from the route to Lewisburg, from the listed town of the driver. Whomever Natalie is, she likely has an alibi.Relevance? Do you, or does anyone here seriously think any of us are apt to find anything of relevance?

I am just a curious sort...wondering about coincidences...sending out "postcards" as it were. It is up to LE to figure out what may be relevant.

LM's recently exposed predicament reminded me of a "set of coincidences"...nothing more and nothing less.

[Serendipitous1]

How is it that "jka" alleges LM had "mental health issues"...unless she had knowledge of it prior to her leaving the DA's office?

[J. J. in Phila]

Relevance? Do you, or does anyone here seriously think any of us are apt to find anything of relevance?

I am just a curious sort...wondering about coincidences...sending out "postcards" as it were. It is up to LE to figure out what may be relevant.

LM's recently exposed predicament reminded me of a "set of coincidences"...nothing more and nothing less.

On 4/15/05, I posted on the Internet (which was normal). I don't see that as relevant, unless LE wants to know where I was (and they have but to ask, but have not.).

[Serendipitous1]

On 4/15/05, I posted on the Internet (which was normal). I don't see that as relevant, unless LE wants to know where I was (and they have but to ask, but have not.).Go figure...because from what I understand, you have been investigated and "placed on hold", along with a few other message board posters...which I find fascinating, though totally irrelevant.

[J. J. in Phila]

Go figure...because from what I understand, you have been investigated and "placed on hold", along with a few other message board posters...which I find fascinating, though totally irrelevant.

I'm told the verdict was "pristine" in my regard, which certainly doesn't help my street cred. :) Needless to say, I've been checked out by several individuals (unfortunately JKA wasn't one of them). Sometimes people brag on the Internet, but sometimes they understate things a bit as well.

[Serendipitous1]

I'm told the verdict was "pristine" in my regard, which certainly doesn't help my street cred. :) Needless to say, I've been checked out by several individuals (unfortunately JKA wasn't one of them). Sometimes people brag on the Internet, but sometimes they understate things a bit as well.Not to worry...I am sure everyone knows where you fit in.

[J. J. in Phila]

Not to worry...I am sure everyone knows where you fit in.

Except JKA, and possibly a few posters here. :)

Tony had my contact information two weeks after I started posted and was invited to check and, as I've pointed out, he has my permission to share that information with LE. Several others associated have been given that permission as well. I'm also sure that LE could fairly easily figure it out as well.

Must be a slow news day.

[Serendipitous1]

Except JKA, and possibly a few posters here. :)

Tony had my contact information two weeks after I started posted and was invited to check and, as I've pointed out, he has my permission to share that information with LE. Several others associated have been given that permission as well. I'm also sure that LE could fairly easily figure it out as well.

Must be a slow news day.Your identity is well known...and it, like others (including mine) is of no importance. Of that I can assure you, notwithstanding KA's grandiose delusions.

[J. J. in Phila]

Your identity is well known...and it, like others (including mine) is of no importance. Of that I can assure you, notwithstanding KA's grandiose delusions.

Of course, except as far as JKA is concerned.

[Serendipitous1]

Of course, except as far as JKA is concerned.Her grandiose delusions excepted, of course.

[gstickley]

Yet another question.

As of 04/14/05, RG apparently had enough evidence against AVM to warrant the death penalty. RG's case had even been before the PA AG's Child Abuse Board. I found the following article, which includes a statement from LM ref. a '6-mo. investigation' which led to the weird outcome of the AVM case, apparently conducted after RG disappeared. Does anyone know what investigation occurred during the 6 mos. after the disappearance?

Centre Daily Times (State College, PA)
November 23, 2005

MAN FREED AFTER BABY-DEATH PLEA
Author: By Erin L. Nissley enissley@centredaily.com

BELLEFONTE -- A man who has been in prison since his August 2003 arrest on charges he killed his infant son was freed Tuesday night after he pleaded no contest to a charge of involuntary manslaughter. Alejandro Mendez Vargas, 31, was sentenced by President Judge Charles C. Brown Jr. to serve between one year, less one day, and two years, less one day, to be followed by 24 months of probation. Vargas was given credit for the time he's already served in prison and was freed to serve the remaining 19 months of probation.

As part of his sentence, Vargas will also not be allowed to be the sole caretaker or supervisor of any child, Brown said. The reason for the "less one day" language was to keep the sentence within guidelines for a county jail sentence, so he'll be able to serve his probation under the county's supervision. Vargas spoke briefly to Brown before being sentenced, saying, "I want to go home and be with my wife." His wife, Lisa Mullenax, and about a dozen other supporters sat quietly in the courtroom. Afterward, Mullenax reiterated that she stands behind her husband. "To lose a child is a tragedy," she said. "To have that loss compounded by false accusations is devastating. My husband is innocent." Vargas was originally charged with first-degree murder, which could have resulted in the death penalty. Police began investigating his 3-month-old son's death after Vargas took the child to a neighbor's home Aug. 27, 2002, because the child showed signs of medical distress. The boy was flown to Geisinger Medical Center in Danville for treatment and died Sept. 2, 2002. A coroner's report showed the infant died as a result of blunt trauma to the head, most likely the result of being shaken, according to previous articles. That led police and prosecutors to think that Vargas, who was the only one home with the child, shook the baby and caused the boy's death. Judge Brown dismissed the first-deg! ree murder charge last month because he didn't think prosecutors could show that Vargas acted with the specific intent to kill or that the killing was done with premeditation. Both of those are necessary to convict someone of the charge. After Vargas' plea Tuesday, a third-degree murder charge was essentially dismissed. One of Vargas' attorneys, Roy DeCaro, told Brown that experts working for the defense filed medical reports that showed that Vargas' child died as a result of a blood disorder, not shaken baby syndrome. He made a motion to file the reports as exhibits, but Assistant District Attorney Lance Marshall asked that they be kept confidential. "We disagree with the reports," Marshall said. After the sentencing, DeCaro said Vargas maintains his innocence but decided to plead no contest to avoid more jail time. "When you need to have a choice between walking out or going to prison ... for life, there's really no contest," DeCaro said. Marshall, in a statement to the press after the sentencing, said the sentence may seem st! range but that investigations in the past six months brought the case down a different path than originally envisioned by prosecutors. "Reviewing all the evidence ... this is where the facts led us," he said of the plea. "If Mr. Vargas had not spent one day in jail, we would have asked for two to four years. He's already served the amount of time we would have asked for."

Erin L. Nissley can be reached at 231-4616.

[J. J. in Phila]

Yet another question--------just want to understand what has been described in this article.

Does the following statement, taken from the same article from the attorneys office, mean that RG was expected to soon present further evidence to show defendent's 'intent to kill' but because RG disappeared, it couldn't be done? Where exactly would he have gone to get such 'further evidence'? Geisinger?

“The court determines the commonwealth failed to present sufficient evidence to constitute a prima facie case on the charge of murder of the first degree,” Brown said. “The commonwealth presented evidence that Lucas’ death was a result of shaken-baby syndrome and possible impact to the head…however, the commonwealth did not present further evidence to show defendant’s intent to kill,” Brown said.
JMO


First of all, no, neither Drs. Rourke or Morton are on that committee.

Second, the Judge basically said that the prosecution would have to show that Vargas not only shook the baby, but shook him with the intent of killing him. Now, we never had any evidence that this was the case, period. No friends or neighbors came forward to claim that Vargas did anything but love the child or ever abused him in the past or spoke ill of Lucas. The prosecution couldn't find anything. And, we have at least one other case, the Grove case, where RFG filed murder one charges and couldn't support them in court. That is fairly common.

[Politigal]

Do you have a believable hypothetical scenario for Gricar's disappearance involving a disgruntled Costa Rican (or someone else opposed to the death penalty) that would truly incorporate all the other circumstances of the case?



I'd really like to pose this question to anyone on the board....I've tried to think of a scenario involving some sort of hit...but can't get it *work* in any form or fashion, considering all the other details of the case. And of course, IMO, if it involved Mendez, it would mean premeditation was involved.

Any takers?

[J. J. in Phila]

I don't understand this----

------In the one paragraph it states the two attorneys hadn't taken on a criminal case in twenty years,

'Charles Hehmeyer and A. Roy DeCaro, two civil lawyers who hadn’t done a criminal case in over 20 years, were asked to take over Vargas’ defense by Holmes Morton, a physician who specializes in genetic disorders among the Amish community.'

------and a couple paragraphs later, it says five years ago, the one attorney took on a criminal case.

'This was like déjà vu for Hehmeyer. He received a nearly identical call five years earlier from Morton. After that call, Hehmeyer took on as pro bono the case of another Amish mother who was accused by the same medical center of shaking her baby to death, he said. '

What am I not understanding here?
JMO

There were no charges in the Glick case, and no death penalty, obviously. It was more child services thing, civil not criminal.

[Serendipitous1]

Yet another question--------just want to understand what has been described in this article.

Does the following statement, taken from the same article from the attorneys office, mean that RG was expected to soon present further evidence to show defendent's 'intent to kill' but because RG disappeared, it couldn't be done? Where exactly would he have gone to get such 'further evidence'? Geisinger?

“The court determines the commonwealth failed to present sufficient evidence to constitute a prima facie case on the charge of murder of the first degree,” Brown said. “The commonwealth presented evidence that Lucas’ death was a result of shaken-baby syndrome and possible impact to the head…however, the commonwealth did not present further evidence to show defendant’s intent to kill,” Brown said.
JMOAs I understand it (I am not a lawyer), one of the aggravating circumstances which permits consideration of the death penalty, where a person is convicted of first-degree murder, is where the victim was a child under 12 years of age. To convict a person of first-degree murder, the prosecution must be able to show that the defendant acted with the specific intent to kill and the killing was done with premeditation.

RG apparently had made a prima facie case at the preliminary hearing, to have the charge bound over. And the charge stuck, through the tenure of two different defense teams, until successfully challenged by the pro-bono attorney.

But at that time, RG was missing, LM was the lead (or the only) prosecutor...and LM thought the first-degree murder charge was a reach -- "We had no evidence of motive." "Why would he want to kill his baby?"

I understand RG filing the notice of aggravating circumstance in this case. But what was it that led him to approve the first-degree murder charge in the first place? Is LM intimating that RG did not make a good-faith presentment on the first-degree murder charge? Or, if this was just "throwing the kitchen sink" at the accused, why did it take so long for the defense to get a judge to quash that which could not be proven?

[J. J. in Phila]

I'd really like to pose this question to anyone on the board....I've tried to think of a scenario involving some sort of hit...but can't get it *work* in any form or fashion, considering all the other details of the case. And of course, IMO, if it involved Mendez, it would mean premeditation was involved.

Any takers?

Could someone, anyone, have hired a hit man? Sure.

How many times have a hit man grabbed his intended victim from a parking lot, in the the early evening, in the middle of a fairly large town? I've never heard of it, though I do know of some who hide the body.

Where a car abandoned, it's generally used to transport the body to the burial spot(and torched afterward, to hide evidence). Sometimes the body is left in it and burnt. It is not parked, intact, in the center of a reasonably large town.

Even discounting the laptop, I've never heard of a hit man following the victim for fifty miles, and grabbing him there.

As for Lisa Mendez-Vargas, she lives more than 150 miles west of Bellefonte and, obviously, more than 200 miles from where the Mini was found. That's hard to pull off.

If somebody wanted to "make it look like a hit," they did a very poor job of it.

Now, could RFG been lured there for something? Possibly, but that wouldn't explain why he got there in the early afternoon and was hanging around at 5:30-6:30 PM. (Those witnesses pretty much killed my first murder scenario, no pun intended.)

[J. J. in Phila]

As I understand it (I am not a lawyer), one of the aggravating circumstances which permits consideration of the death penalty, where a person is convicted of first-degree murder, is where the victim was a child under 12 years of age. To convict a person of first-degree murder, the prosecution must be able to show that the defendant acted with the specific intent to kill and the killing was done with premeditation.

RG apparently had made a prima facie case at the preliminary hearing, to have the charge bound over. And the charge stuck, through the tenure of two different defense teams, until successfully challenged by the pro-bono attorney.

But at that time, RG was missing, LM was the lead (or the only) prosecutor...and LM thought the first-degree murder charge was a reach -- "We had no evidence of motive." "Why would he want to kill his baby?"

I understand RG filing the notice of aggravating circumstance in this case. But what was it that led him to approve the first-degree murder charge in the first place? Is LM intimating that RG did not make a good-faith presentment on the first-degree murder charge? Or, if this was just "throwing the kitchen sink" at the accused, why did it take so long for the defense to get a judge to quash that which could not be proven?

My understanding was that the second team was basically a stopgap until DeCaro could take the case. I don't recall Manchester ever forcing the issue in court. :blink: Maybe you better ask him why.

It was similar to the Grove case, however, where RFG filed first degree and the charge was dismissed.

[J. J. in Phila]

The wife lived in a trailer park 6 miles from Bellefonte at the base of Purdue Mt. IF I were LE, that is where I would begin-----locally.
JMO

I'm not sure she was there at the time. The arrest was in Crawford County, and Vargas was jailed in Clinton County.

[Politigal]

IMO, Gricar was seeking the death penalty because in addition to SBS this child had a broken rib. The doctor who sided with the Mendez family wrote that it probably occurred during childbirth...but apparently this broken rib was never treated.

http://www.taap.info/Man45_63.pdf


From what I've read, broken ribs in infants are generally due to child abuse:

http://pediatrics.about.com/od/weeklyquestion/a/04_rib_fracture.htm

Unless it was a difficult delivery and a problem was noted when the baby was born, it should raise some suspicion about child abuse. Keep in mind that a study in Pediatrics, Cause and Clinical Characteristics of Rib Fractures in Infants, stated that 'reports of rib fractures in healthy full-term infants attributed to birth injuries are uncommon.' They also found that 'most rib fractures in infants are caused by child abuse.'

[Politigal]

Just from what I've read about the Mendez baby, he had such a horrible existence during those short 3 1/2 mos he was alive....

He had a broken rib, he had a respiratory infection, he had diabetes, he was vomiting, had diarrhea, and I imagine was probably crying his little head off most of the time.

I think Mendez was guilty.

I wonder if Marshall just decided he couldn't compete with all the support the Mendez family received, and all the experts they dredged up.

[Cloudbuster]

:w00t:http://www.centredaily.com/news/local/crime_courts/story/1054068.html

Seems a traveler heading to Bellefonte is in trouble for drugs? Guess what he is from BALTIMORE. Yea Yea I know your gonna tell me the same old thing. Mo Mo is from Baltimore and TL was asked to make a deal and declined so who was they exactly after that was a bigger fish than TL? Okay so this fellow was just innocently passing thru ?

[Politigal]

Pgal, can you direct me to the report that states baby Lucas had diabetes?
TIA.

It was in the link I posted above...

http://www.taap.info/Man45_63.pdf

[J. J. in Phila]

IMO, Gricar was seeking the death penalty because in addition to SBS this child had a broken rib. The doctor who sided with the Mendez family wrote that it probably occurred during childbirth...but apparently this broken rib was never treated.

http://www.taap.info/Man45_63.pdf


From what I've read, broken ribs in infants are generally due to child abuse:

http://pediatrics.about.com/od/weeklyquestion/a/04_rib_fracture.htm

Unless it was a difficult delivery and a problem was noted when the baby was born, it should raise some suspicion about child abuse. Keep in mind that a study in Pediatrics, Cause and Clinical Characteristics of Rib Fractures in Infants, stated that 'reports of rib fractures in healthy full-term infants attributed to birth injuries are uncommon.' They also found that 'most rib fractures in infants are caused by child abuse.'

Considering that the doctors for the prosecution could not agree on the injuries, I doubt that your conclusion can be supported.

I also trust Dr. Lucy Rourke's opinion more than I trust yours or the other doctors in the case. She the chief of pathology at Children's Hospital in Phila, and is generally a prosecution witness; I think she authored a textbook covering it as well. I can guarantee that she has seen more child abuse cases than the other doctors in the case have combined. If she saws it wasn't child abuse, it wasn't beyond a reasonable doubt.

[J. J. in Phila]

Adding this to the previous post-----

'Then came Paul J. Bellino, a Geisinger pediatrician and specialist in diagnosing abuse, along with Samuel Land, an independent pathologist who had ruled Lucas' death a homicide.

Committee proceedings are not public. But in Land's written report, he concluded that Lucas had died of blunt-force trauma to the head. He wrote that while there was no sign of external trauma, the hemorrhaging and the rib fracture meant Lucas had been killed.

Bellino's report stated that it wasn't clear if the baby's head had struck a hard surface, as Land concluded, but that the internal injuries had been as bad as those that would occur in a high-speed, head-on car crash. Bellino cited the rib fracture, assorted bruises, and the brain and retinal hemorrhages, which he said cannot occur spontaneously in a child.

"Given these findings, there can be no explanation other than this child was the victim of shaken-baby syndrome," Bellino wrote.

Neither Land nor Bellino was made available to comment on the case. But Geisinger's chief medical officer, Bruce H. Hamory, said in a July 9 interview that he supported Bellino and his hospital colleagues in their findings.'

Like I said, the prosecution witnesses couldn't agree on the injuries.

Look at this from Vargas standpoint. They are in the process of getting new, very proficient lawyers, one a former ADA, the other that specializes in medical malpractice cases (and is impressive). They have stellar expert witnesses, one of whom generally testifies for the prosecution. They want this to be dismissed or go to trial.

Who would not? Maybe someone associated with the prosecution.

[Politigal]

If you search Mendez wife on www.pipl.com, and read the various links toward the bottom, you'll see that she's on maternity leave...(I assume it's the same person)...scary thought though if they're having another baby.

[J. J. in Phila]

Vargas is also in Costa Rica, so it is unlikely to be the same person, possible, but unlikely.

[sherrijean981]

How is it that "jka" alleges LM had "mental health issues"...unless she had knowledge of it prior to her leaving the DA's office?


Exactly!! Was LM doing the same thing before RG disappeared and was he aware of it?

[sherrijean981]

Sometimes I feel like a motherless child (http://www.youtube.com/watch?v=4oZYqAeIdYk). Let it be...maybe. (http://profile.ak.facebook.com/v223/1756/54/n539834612_7211.jpg)


Who is the person on the Let it be link? Handsome young man but who is it?

[sherrijean981]

:w00t:http://www.centredaily.com/news/local/crime_courts/story/1054068.html

Seems a traveler heading to Bellefonte is in trouble for drugs? Guess what he is from BALTIMORE. Yea Yea I know your gonna tell me the same old thing. Mo Mo is from Baltimore and TL was asked to make a deal and declined so who was they exactly after that was a bigger fish than TL? Okay so this fellow was just innocently passing thru ?


Did you notice the guy was arrested in Mifflin County, where I live, and it could have been on Rt 322 near Milroy where they set up for speeders. If the officer had someone pulled over they did not move to the other lane and they then arrested them for that law. It was his refusing to allow the vehicle to be checked that got him arrested for that law, they then took the car in and checked it out. We know why he didn't want it checked out, the drugs he was carting into Centre County.

I think their story ended up in the CDT because that was where they were headed, Bellefonte and Philipsburg, if I remember the article correctly.

[sherrijean981]

As I continue to study the maps, I notice again how very close Geisinger is to 'a Point Drive-in'. That is the name of the business where the Jeep Cherokee that was stolen from Bison Motors in Lewisburg the weekend RG disappeared was said to have been found.
From what I can see on the map, the drive-in is within walking distance of the Geisinger parking lot.

If connected to the case, only reason I can think of that someone would have stolen a vehicle to drive to the Geisinger hospital area would be if the person drove the Mini to Lewisburg and this was the agreed upon meeting place upon returning from parking the car.

If that is the case, it is possible Geisinger was the only 'landmark' known in the area to meet at, and they found a lot to leave the Jeep in. That in no way proves RG was ever at Geisinger that day, but it may point toward someone who wasn't from the area, who at sometime visited the hospital.

About the only thing we would know about the person driving would be that it was someone who knew how to 'hot wire' a Jeep. I have no idea how many people would know how to do something like that.

Question then is-----if someone was in possession of the Mini, at what point did that happen? Last sightings that we are aware of is on route 15, 5 pm-ish, with the car then said to have pulled in the lot. If someone nabbed RG there, why would anyone stay behind? They wouldn't, so for that reason, I don't think a 'nabbing' could have taken place there.

It is possible RG made a pit stop at the SOS, IF it was still open and then left for home. If someone followed him from there, which route back, and where? Unless those involved knew RG went to the SOS, why choose a lot even inadvertently connected to him? Too coincidental to believe they didn't know he had stopped there at some point in time during the day, possibly at noon, which is why I believe he was likely followed.

Just tossing it out there to see if it might fit the evidence as we know it.
JMO


I went to Danville with my daughter on Tuesday and the only drive in I saw on that road was not walking distance to the hospital. There must be another one. Could you give me the directions to the one you are speaking of so I can look at Mapquest?