06-30-2013, 12:19 PM
(06-30-2013, 04:52 AM)HarveySykes Wrote: I still cannot wrap my head around the fact that you cannot be charged for child abuse and murder.
LE can definitely charge someone for child abuse and murder.
The issue is timing of those two separate charges. Even though they're separate crimes, much of the evidence used in the prosecution at both trials could be largely the same.
Even taking the possibility of double jeopardy out of the equation, if LE gets an abuse conviction and later charges the same person with murder of the same victim, the prosecution will have shown many of its cards to the defense in the previous abuse trial. The prosecution won't want to give the defense such a sneak peek and risk a murder conviction for the sake of an abuse conviction. Better to wait and keep investigating/searching.
LE's got Angela behind bars. She has no opportunity to abuse another child at this time. Imo and based on what your friend told you, it makes sense that LE wouldn't rush forward with pressing abuse charges at this time. If Elaina is found dead or LE exhausts all reasonable possibilities of finding the baby and suspects that she died at the hands of Angela (and/or others), they can charge Angela with abuse and other crimes simultaneously at that time.