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Breeann Rodriguez,3, murdered. Mo
More on today's hearing:
http://www.kait8.com/story/15358904/judg...3-year-old
and more details from dddnews:
http://www.dddnews.com/story/1762141.html

It looks like he will get a capital defender from the St. Louis office. What I hope and pray for is that he will just do the right thing, plead guilty, serve his time until he dies. I would hope he would either serve in solitary (23 hours a day locked up, limited light, limited space) or else put in the general population.

His wife has filed for divorce, and apparently she and the children have had to move. I know a lot of people have been saying, "How could she not know?" but people can very effectively hide their evil until it becomes impossible to contain it.

God bless that poor little girl's eternal soul, and God grant her family peace of mind. This is such a horrible story.
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Quick question: Case net says that there was a probable cause statement filed for the added charge of possession of child pornography on 9/9. Is this pc statement a public record? Will the prosecutor's office make it available the way they made the first probable cause statement public?
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it should be public record. i don't think there's a gag order is there?

















































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I didn't see anything in the Case Net/MO info about a gag order, and none of the news sources I've looked at have said anything about a gag order either.
The PC statement is not a clickable link in Case Net. In NYS court sites (which I'm more familiar with), you can generally access all documents filed, but I don't see a way to do that in Case Net/MO.
Once he has counsel, he will almost certainly move for a change of venue, and then all kinds of paper will probably start flying, don't you think?
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I got this update email today from the court:
9/20/2011

This email is to inform you of an upcoming court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024. A(n) Preliminary Hearing has been scheduled for 10/4/2011 at 9:00 AM. This will take place in Dunklin Cty Circuit Clerk, located at: Courthouse Square in Kennett, MO 63857.

If you plan to attend the hearing, be sure to check with the prosecutor's office to make sure the hearing is still set. You should telephone the day before the hearing, as last minute continuances are often granted. For more information, contact the office responsible for this case. The telephone number is (573)888-6676.

This notification is sponsored by the Missouri Department of Public Safety. It is our hope that this information has been helpful to you.

Thank you,

MOVANS


This means that they've probably assigned counsel and will be taking his plea at this hearing.
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The hearing date is tomorrow. I wonder if he will finally enter a plea. According to CaseNet, he has an atty now: THOMAS EARL MARSHALL, Public Defender; WOODRAIL CENTRE BLDG 7 STE
1000 W NIFONG, COLUMBIA, MO 65203.
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Has anybody heard anything on the hearing this morning?
The only reason people get lost in thought is because it's unfamiliar territory.

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KENNETT, MO (KAIT) – The man accused of killing Senath 3-year-old Breeann Rodriguez, appeared in a Dunklin County Courtroom Tuesday morning.

According to the Dunklin County Prosecutor's Office, Shawn Morgan appeared in court with his attorney's from the Capital Unit of the Public Defender's Office in Columbia. The case was set for a preliminary hearing to be held on November 7 at 1:30pm.

















































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Murder suspect served with divorce papers

Ordered to pay $1,433 per month in child support
Early in September, following the arrest of Shawn Morgan, 43, of Senath, Mo., a petition for divorce and a request for a temporary restraining order was entered into the Dunklin County court docket by his wife, Tonya, 39, also of Senath.

According to reports, Morgan's wife, Tonya filed with the courts a petition to dissolve her marriage to Morgan on Sept. 6, 2011.. Also filed that day was a proposed parenting plan and a certificate of inability to pay costs, fees, and expenses.

The following day, on Sept. 7, a motion for a temporary restraining order and preliminary injunction without notice was filed as well as a temporary restraining order and an affidavit in support of the motion. The prepared order was officially filed on Sept. 29 of this year.

A summons was then prepared in the Dunklin County Circuit court by the Dunklin County Sheriff's Department and was personally delivered to Morgan on Sept. 9.

Appearing at a hearing held on Sept. 22, attorneys for both appeared on their behalf to account for expenditures of funds/transfer of personal property belonging to both parties after Aug. 6, of this year.

According to reports, on Wednesday, Oct. 12, Morgan appeared in person with her attorney, Shannon Wright Morgan. Her husband, although he was summoned failed to appear and was found to be in default. The decision of the court found that the marriage was irretrievably broken and the divorce was granted. Morgan's wife has been granted sole custody of their three minor children and Shawn Morgan is ordered to pay a sum of $1,433 per month in child support. Child support should begin 30 days following his release from incarceration. Support payments are ordered to FSPC. A further decision by the court was that Morgan has no rights of visitation with his children. The preliminary injunction previously entered has been dissolved. Additionally, the court restored Morgan's former name of Smith. The divorce was uncontested.

Morgan has appeared in court four times before Judge John C. Spielman, the last time being on Tuesday, Oct. 4. At this time, Morgan appeared with his attorneys, Thomas Marshall and Charles Moreland, public defenders from Columbia, Mo. During the hearing Judge Spielman set a preliminary hearing for 1:30 p.m., on Monday, Nov. 7.

Morgan was arrested and charged in the disappearance and death of three-year-old BreeAnn Rodriguez, also of Senath, on Aug. 13 of this year. He is facing multiple charges which include felony counts of first degree murder, armed criminal action and tampering with physical evidence in connection to the case, felony A child kidnapping and the C felony offense of Possession of Child Pornography.

http://www.dddnews.com/story/1773919.html


Interesting, since last we heard from her, she was in denial and standing by her man.









"Three great forces rule the world: stupidity, fear and greed."

- Albert Einstein
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Her divorce is final now.
Shawn's hearing has been postponed again, until 12/2.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~From CaseNet:
10/28/2011 Notice
PD gives notice of his intent to call up his pending motions on November 7, 2011 at 9:00 a.m. PD states defendant need not appear at this motion hearing.
Filed By: THOMAS EARL MARSHALL
Motion Filed

PD files motion concerning the displaying of the accused at all court appearances
Filed By: THOMAS EARL MARSHALL
Motion Filed

PD files motion for order assuring protection of confidentiality of attorney-client communications.
Filed By: THOMAS EARL MARSHALL


11/04/2011 Motion for Continuance
MOTION FOR CONTINUANCE OF PRELIMINARY HEARING
Filed By: THOMAS EARL MARSHALL

11/07/2011 Notice of Court Hearing Sent
ATTORNEY CHARLES MORELAND AND ATTORNEY THOMAS MARSHALL.
Preliminary Hearing Scheduled
Scheduled For: 12/02/2011; 1:00 PM ; JOHN C SPIELMAN; Dunklin
Hearing Continued/Rescheduled
Hearing Continued From: 11/07/2011; 1:30 PM Preliminary Hearing
Order
IT IS HEREBY ORDERED, UPON SHOWING OF GOOD CAUSE AND BY CONSENT OF THE STATE, PRELIMINARY HEARING WILL BE RESCHEDULED FOR DECEMBER 2, 2011 AT 1:00 P.M.
Filed By: JOHN C SPIELMAN
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Updated.

Prelim waived in Morgan trial

Sunday, December 4, 2011
LECIA FORESTER Daily Dunklin Democrat
During court proceedings on Friday morning, the preliminary hearing for Shawn Morgan, 43, of Senath, Mo., was waived and he was bound over to Division 1, according to Dunklin County Prosecuting Attorney Stephen P. Sokoloff.
Morgan's arraignment has been set for Dec. 14.

Originally, the date for the preliminary had been scheduled for 1:30 p.m., Monday, Nov. 7, but a motion for continuance was filed by Morgan's attorney and was granted by Judge Spielman, citing "good cause," and was rescheduled for Dec. 2.

Morgan was arrested on Aug. 13 of this year in the case concerning the disappearance and death of three-year-old BreeAnn Rodriguez, also of Senath.

The first charges filed against Morgan by Dunklin County law enforcement authorities included felony counts of first degree murder, armed criminal action and tampering with physical evidence in connection with the case.

Additional charges of felony A kidnapping and a class C offense of possession of child pornography soon followed as investigation into the case continued.

Since Morgan's arrest, Sokoloff also filed with the court a notice of statutory aggravating circumstances which is a procedural step that is required if the death penalty should become a consideration later on.

Rodriguez was reported missing from her home in Senath on Saturday, Aug. 6, while she and her brother were riding their bicycles near their home.

A search of the area was conducted by various agencies which included the Federal Bureau of Investigation Task Force, the Dunklin County Sheriff's Department, Missouri State Highway Patrol, Kennett Police Department and the Bootheel Drug Task Force as well as members of the community.

Ten days later the child's remains were located near the floodway ditches northeast of Hornersville, Mo., approximately eight miles southeast of her home in Senath.

http://www.dddnews.com/story/1790754.html









"Three great forces rule the world: stupidity, fear and greed."

- Albert Einstein
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I wish they could just get on with this trial and sentence him to death already. Poor BreeAnn, she must have been so scared
The only reason people get lost in thought is because it's unfamiliar territory.

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Signs_173 I hate to think of children being scared to death. The one that stands out the most to me (as far as being terrified) is that little 3 y.o. that got thrown over the bridge in her car seat. I cant wrap my head around what that poor baby must of been thinking on her way down. Sick mother fuckers.
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I am the same JS, honestly, I don't know why I continue to do so, but every time I rwad one of these stories it breaks my heart a little bit more.
The poor child, she thought her daddy loved her and then he tosses over a bridge stuck in her seat... that poor child, I know what you mean
The only reason people get lost in thought is because it's unfamiliar territory.

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This is from a reliable source. Breeann's mother and siblings moved to Michigan. Can't say I blame them.









"Three great forces rule the world: stupidity, fear and greed."

- Albert Einstein
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He pleaded not guilty... he confessed to killing her, I wonder what his defense will be?

Good the house is gone, I don't think anybody would ever want to live there!

SENATH, MO (KFVS) -
Senath firefighters received an early call this morning to a house fire on the southwest side of town.

According to the Dunklin County Sheriff's Department the fire was at a home on Ode Johnson St.

According to the Senath police chief, the fire is considered suspicious.

Senath police say the home of Kevin Morgan, Shawn Morgan's brother, also burned on Monday. That fire is also under investigation.

The home that burned Wednesday had no utilities. This is one of five suspicious fires police say are under investigation in Senath.

Investigators on the scene confirm this is the home that alleged child killer Shawn Morgan lived in when he was arrested and charged with the murder of 3-year-old Breeann Rodriguez who lived with her parents next door.

Morgan pleaded not guilty in court Wednesday for the murder of Rodriguez.

At the time of the fire Wednesday morning no one was living in the home. Police are still searching for the home owner.

The Missouri Fire Marshal was on the scene investigating the cause of this fire.

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The only reason people get lost in thought is because it's unfamiliar territory.

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Motion Hearing Scheduled
Scheduled For: 02/08/2012; 10:00 AM ; STEPHEN R SHARP; Dunklin
Plea of Not Guilty Entered
MATTER CONTINUED TO 02/08/12, AT 10:00 A.M. FOR PRELIMINARY MOTIONS AND POSSIBLE TRIAL SETTING.
Filed By: SHAWN D MORGAN
The only reason people get lost in thought is because it's unfamiliar territory.

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KENNETT, Mo. -- A Missouri man accused of killing a 3-year-old neighbor who had wandered into his backyard was scheduled for trial in December, with jurors to be drawn from another county.

Shawn Morgan, 43, of Senath will go to trial Dec. 10 in Dunklin County, while jurors will be selected the week before in Phelps County, the Kennett Daily Dunklin Democrat reported.

Morgan is charged with first-degree murder in the death of BreeAnn Rodriguez, who went missing Aug. 6. Her remains were found 10 days later about eight miles outside of Senath. Authorities said Morgan confessed to killing the child after finding her on the ladder of his above-ground backyard swimming pool, but a motive has not been released.

Dunklin County prosecutor Stephen Sokoloff is seeking the death penalty and said BreeAnn's parents support that decision. Morgan also is charged with felony kidnapping, possession of child pornography, armed criminal action and tampering with evidence.

Defense attorney Thomas Earl Marshall has filed a motion for clarity on whether an indigent defendant such as Morgan has a constitutional right to a psychiatric exam at the state's expense. Another motion asks that Morgan be allowed to appear in court wearing street clothes instead of jail attire.

BreeAnn's disappearance set off a frantic search in her hometown, where she was last seen riding a small pink bicycle with training wheels near her home.

Residents of Senath, a town of 1,600 residents near the Arkansas border, joined the FBI, Missouri State Highway Patrol and local police in the search. Her body was found on the banks of a drainage ditch.

Morgan was arrested three days before the body was found. According to a probable cause statement, Morgan told police he suffocated the girl with a white plastic trash bag, then put the body in the trash bag, drove to a floodway outside of town and threw the bag over a railing into the ditch.

He also told police that he went home and dismantled the girl's bike, which he dumped in the same area where he left the body.

Morgan, a father of three, has been in trouble before. Court records obtained by The Associated Press showed he pleaded no contest in 2004 to making a terroristic threat after threatening to blow up a factory where he worked. He served one year on probation and was fined $1,000.

Read more: http://www.kmbc.com/news/30429177/detail...z1m0dUkdCI
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