Johnny S. Clarke & Lisa Straub- young Ohio couple murdered

[Adub]

If you look at the rules of criminal procedure

http://www.supremecourt.ohio.gov/LegalRe...cedure.pdf

Judge bates could not have simply dismissed the charges at that stage of the trial. A dismissal of charges would have come after a preliminary hearing, which was waived because of the indictment. I do hope that the State files an appeal.

I was bothered by the way Judge Bates appeared to be doing paper work during the opening statements and hardly paying attention at all. Not that that matters.

Interesting from the Blade article the jurors found the murders to be purposeful, but without prior calculation or design. Smart jurors, imo.

[pfifltrigg]

I was bothered by the way Judge Bates appeared to be doing paper work during the opening statements and hardly paying attention at all. Not that that matters.

Exactly! That drove me up a wall! Seemed very disrespectful and unprofessional to me.

[Lady Cop]

@LC...Would it have been possible for Judge Bates to have ruled in such a way as to keep the door open for future prosecution?

i'd like to see judge's opinion/order myself, rather than news outlets' reporting.

if case was dismissed without prejudice, the case could potentially be brought before the court again.
a court case that is dismissed with prejudice means that it is dismissed permanently.
if the judge entered a judgement of acquittal, that's it, the verdict. he cannot be retried.

the prosecution may or may not appeal based on judicial errors of law. if they won an appeal, judge's ruling would be overturned. not likely here but possible (Appeals Ct. could agree with points raised by prosecution in appeal and still not order a retrial).


regardless of the facts we may know, what's done is done.

only the Feds could come in and charge cameo with violation of victims' civil rights.

[lucimhome]

This is what is recorded on the clerk of the courts docket. It looks to me that it's an Acquittal.
I hope the fed's come in and file charges. Maybe they will once they get the other male & female match on the DNA.



Title : VRD:ACQUITTAL
800-000000057 issued by 226 ()
July 26, 2012. Court Reporter JANET TERRY, Assistant
Prosecutor TIMOTHY BRAUN, LOUIS KOUNTOURIS and CHARLES
MCDONALD, MERLE R. DECH on behalf of the Defendant, and
Defendant CAMEO PETTAWAY present in court.
Trial resumes. Witnesses sworn in on behalf of the State
of Ohio. Exhibits admitted.
State rested and defendant made a Rule 29 Motion for
Acquittal. After due consideration of evidence presented,
Court granted motion. Defendant found not guilty and
ordered discharged.
JUDGE JAMES D. BATES
PARTY : D1 - PETTAWAY CAMEO

[Lady Cop]

thankyou Luci!
before Ohio i was not familiar with Rule 29. so that is IT.

[Lady Cop]

so long ago...Feb. 1, 2011, post 1 in this thread. going back and reading from beginning is very interesting.
it was just another awful murder case when i posted it. never dreamed it would consume Mock as it did, and so many locals, involved and not, would be here.

Post: #1
Johnny S. Clarke & Lisa Straub- young Ohio couple murdered

this is a nice quiet area. they had to know their killers.
i'm just hearing about this, need to know more about victims. awful crime. inexplicable. the poor mother of Johnny was in the street screaming her son cannot be dead! that breaks my heart. the girl's parents trying to get home asap.

[Mustang]

you make Mama proud Mustang!

and all of us too.

i hope the Straubs were aware of all the loving support they have here. i know they aren't online to know.

The Straub's are very much aware, appreciative and humbled by the support they have here.

[Mustang]

If you look at the rules of criminal procedure

http://www.supremecourt.ohio.gov/LegalRe...cedure.pdf

Judge bates could not have simply dismissed the charges at that stage of the trial. A dismissal of charges would have come after a preliminary hearing, which was waived because of the indictment. I do hope that the State files an appeal.

I was bothered by the way Judge Bates appeared to be doing paper work during the opening statements and hardly paying attention at all. Not that that matters.

Interesting from the Blade article the jurors found the murders to be purposeful, but without prior calculation or design. Smart jurors, imo.

Adub: The lack of a guilty verdict on the second Specification you mention indicates that, in addition to the other evidence of guilt, the jury either also believed that there wasn't enough evidence to prove that murder was the original intent, or that they believed Eric Yingling's account of his conversation with Williams in which he said they didn't go there to kill them; only to rob the "safe". In the end it doesn't matter because the first Specification (that the murder caused 2 or more deaths) automatically sealed Williams' fate to face death as soon as the verdicts on the Aggravated Murder charges were Guilty and Guilty.

[Mustang]

This is what is recorded on the clerk of the courts docket. It looks to me that it's an Acquittal.
I hope the fed's come in and file charges. Maybe they will once they get the other male & female match on the DNA.



Title : VRD:ACQUITTAL
800-000000057 issued by 226 ()
July 26, 2012. Court Reporter JANET TERRY, Assistant
Prosecutor TIMOTHY BRAUN, LOUIS KOUNTOURIS and CHARLES
MCDONALD, MERLE R. DECH on behalf of the Defendant, and
Defendant CAMEO PETTAWAY present in court.
Trial resumes. Witnesses sworn in on behalf of the State
of Ohio. Exhibits admitted.
State rested and defendant made a Rule 29 Motion for
Acquittal. After due consideration of evidence presented,
Court granted motion. Defendant found not guilty and
ordered discharged.
JUDGE JAMES D. BATES
PARTY : D1 - PETTAWAY CAMEO

What i believe to be important in the entry above is that the sentence, "After due consideration of evidence presented, Court granted motion," allows for an appeal of Judge Bates' rulings that disallowed certain evidence offered by the State. If those rulings are reversed by Appellate Court, Pettaway still cannot be retried criminally due to jeopardy already having attached due to acquittal (rather than dismissal, which was not an option for Bates under the law), but it would probably be, IMO, the only way the prosecution would consider pursuing federal charges. A second trial in federal court with the prosecution handcuffed the same way as in Bates' court would likely have the same result, and therefore, again IMO, be unlikely to be considered.

As a side note, the prosecutors in the Pettaway trial began with the same evidence and strategy as the Williams prosecutors, but were dealt serious blows on what evidence they could present. The prosecutors in Williams case got applause and hugs, and deservedly so. But I feel for those gentlemen, who worked just as hard and were similarly emotionally invested, only to have to sit with the stunned families and try to explain how subtle rules of law robbed the families, and the community (my words, not the prosecutors) of the opportunity to have the jury who had invested a week of their lives to hearing the evidence that WAS presented, deliberate and reach a verdict. It strikes me as a slap in the face that the jury was basically told when the motion was granted that, "I, the judge, don't believe the State made its case, and further, I believe you're too stupid to reach that conclusion, so I've decided to reach it for you."

[JustSayin...]

Any bets on how long it will be before that "fucktard" Cameo gets himself either arrested or killed? Shall we make one of those football game betting grid and all pick a square?

[lucimhome]

Well said Mustang!

What I want to know JustSayin since he has been a Cert. "fucktard" will that be his permanent get out of jail card? Will that apply to any more crimes he commits?

[piwannab]

Me, personally, am waiting for SW to sing like a bird, he's got nothing to lose at this point. I think the next stage is going to be much more interesting than ANYTHING up to this point!

[SayWhat123]

Me, personally, am waiting for SW to sing like a bird, he's got nothing to lose at this point. I think the next stage is going to be much more interesting than ANYTHING up to this point!

I just can not believe that if some concrete evidence against Cam comes out, they will not be able to do anything about it. Judge Bates should have let the jury decide. Maybe it would have been a hung jury. Leaving their options open. Now the fucking RETARD will be running the streets, and most likely hurting or killing some one else. Cam's new street name Cameo GOTTAWAY (wit murder). I seen that on another forum. Cracked me up.

[SayWhat123]

only the Feds could come in and charge cameo with violation of victims' civil rights. [/b]

What would happen if the Feds did? What kind of sentence would that hold? Do you think the Feds would do that if some concrete evidence against Cam came out?

[Lady Cop]

I just can not believe that if some concrete evidence against Cam comes out, they will not be able to do anything about it.
---------------------------------------



let me illustrate. if o.j. simpson walked out of court that day and said "HA HA i butchered the whore!" the state could do nothing.

there are civil remedies, wrongful death. but what do they get? a judgement for his bigwheel?

the Feds can take it all the way to death penalty if they wanted to. and felt they had sufficient evidence.

[piwannab]

Cam's new street name Cameo GOTTAWAY (wit murder). I seen that on another forum. Cracked me up.

[piwannab]

the Feds can take it all the way to death penalty if they wanted to. and felt they had sufficient evidence. [/b]

Hopefully they get sufficient evidence from SW

[Lady Cop]

Cameo, if you have been reading this thread, i sincerely invite you to join. PM me who you are and i'll verify it, and i'll let you right in to say whatever you wish. or email me...

[email protected]

you can be anonymous or not, and i won't let anyone threaten you.


friend of Cameo? please pass this on.

[SayWhat123]

the Feds can take it all the way to death penalty if they wanted to. and felt they had sufficient evidence. [/b]

Well its good to know that if this whole case gets blown up, and he (Cam) without a doubt is involved, He could still be prosecuted.

[Methusala]

I was bothered by the way Judge Bates appeared to be doing paper work during the opening statements and hardly paying attention at all. Not that that matters.

This behavior on the part of almost all the judges, has annoyed and angered me for years and years. Yes, it's true that the opening statements are not evidence. But the jurors look to the judge for clues as to what is important. It confuses and distracts them when they are told they are supposed to be listening and considering what the lawyers say, but the judge seems disinterested. It also reflects badly on the issue of respect for the legal system.

It is rude and stupid behavior. The judge should always be seen by the jury as listening intently.

In addition, occasionally there will be objections to something said during opening statements, and when the judge has not been intently listening, he may base his ruling on the objection on something he only half-listened to, or on a few sentences ordered read back by the court reporter, thus not having the full context in which the objected-to comments were made.