Wednesday, June 1, 2016

Jose Baez: New Denials Examined


Jose Baez, attorney for Casey Anthony, has been indicated for deception many times over the years.  When Kimberly Gilfoyle had asked him about having sex with Casey Anthony, his client, he indicated sensitivity to the question; refusing to answer it.  

This came in the wake of repeated jailhouse corrections to have no contact with her, which he refused to comply with, and that she spent 6 hours per day at his small office.  

He now has called the source, "a complete and total moron" showing the need to ridicule the subject of the statement, rather than deny the statement.  

To this, it was added that a drug dealer helped pay Casey's bill.  Baez said:

"One, 'El Chapo' did not finance Casey Anthony’s defense. Two, I did not have an inappropriate relationship with Casey. Three, drug traffickers did not kidnap Caylee and take her to Colombia. Four, she never told me that she murdered her child and where the body was. And five, the post office is not involved in Caylee Anthony's disappearance."

By beginning with a numeric, it is an indication of successive thought, which is why we seek subsequent numerics. 

"El Chapo did not finance Casey Anthony's defense" is a strong denial.  However, we would need to explore what "finance" means, since the allegation is not that he financed it, that is, paid for it in its entirety, but he assisted with it.  This is likely true:  the drug dealer El Chapo did not finance her defense.  

"Two, I did not have an inappropriate relationship with Casey" is not a reliable denial since the accusation is sexual.  

Baez' moral standards, as seen in his defense of Casey and his many statements, may be such that he does not consider the relationship he had with Casey to be "inappropriate."  

In his denials, he has not said, "I didn't have sexual contact with Casey" and at this point, with constant press coverage, a denial that is technically reliable may be parroted, and not freely given, as it should have been if innocent, years ago.  

This is to admit a relationship (other than professional, given the context) but to deny that this personal relationship was "inappropriate."  As to his personal subjective understanding of what is appropriate, this is likely true, but it does not mean that he did not engage in sexual activity with her. 

The third is interesting for its clarity:

"Three, drug traffickers did not kidnap Caylee and take her to Colombia. "

Here we find his strongest statement of denial and is likely to be reliable on its form.  This is no stretch given that Caylee was dumped in the woods near her home, as both Casey and Cindy indicated in their own statements. 

This next one is useful for the pattern which is now broken:

"Four, she never told me that she murdered her child and where the body was."

In the first three, he used the stronger "did not" which is now ejected (the pattern is easiest to follow and it takes an effort to break this pattern) with the vague and unreliable "never" instead of "did not."

Lance Armstrong "never" took PEDS.  

Many criminals "never" did their crimes, and used the vague "never" (which will not address a specific time period) whereas they were unable to say "I did not..."

This change of pattern is to be taken along with the ejection of the reliable verb "did not" together.  Not only is "never" unreliable, but it is deliberately taken out of his patterned vocabulary within the same statement.  This takes an act of deliberation (strong awareness) to do so, and it represents a change in reality.  

I do not understand this next one, in the present tense:

And five, the post office is not involved in Caylee Anthony's disappearance."

It may be an attempt at humor, but it is deflection and since Caylee Anthony is not missing, it should be viewed as such:  deflection from that which preceded it:
"never."

Analysis Conclusion:


Jose Baez does not deny having sexual contact with Casey Anthony, nor does he issue a reliable denial about knowing that she killed (note "murdered") Caylee and where she dumped the child's remains.  

In the article, he says he hopes that a prosecutor does not "see" the transcripts of the private investigator who could then face criminal charges, but does not answer why Baez, himself, does not seek to alert a prosecutor to file criminal charges.  

The article claims that Baez is still going to pursue legal action against the PI.  

For Jose Baez:  Deception Indicated is the norm since this case first broke.  



51 comments:

REK said...

"and where the body was" stood out to me. it just seems to be either validating the idea of the murder or.. adding a second element that needed to be met.. maybe she told him she murdered the child but never said where the body was.. that way he can get by with saying that entire sentence, type thing

Anonymous said...

OT - Diana Alvarez missing
Statements from Step-father...

"I just want to know something. Bad or good," said Uribe Jimenez. "I just want to know something."

"I already told those questions to those guys and I told the cop, 'I'm tired of all the questions you ask me,'" he said. "I just want my daughter back, and that's it."

SOURCE: http://www.abc-7.com/story/32091839/search-continues-for-san-carlos-park-girl-9
___________
“I feel like she’s not here no more. That’s what my heart’s telling me. I feel like she’s not here no more,” he said.

SOURCE: http://www.fox4now.com/news/fbi-adds-to-reward-for-info-on-missing-fort-myers-girl
___________
"We are a good family," he said. "And all my neighbors, they can tell how we are."

SOURCE: http://www.naplesnews.com/news/local/Fort-Myers-missing-girls-mother-waits-during-search-381319821.html
___________
“My wife when she woke up she found all the stoves on,” he said. “She asked me if I did it and I said, ‘what are you talking about?’ I had no idea what happened.”

“After my wife say that she went straight to Diana’s room and that’s the point where she tells me Diana’s not here.”

They say they thought it was odd their full-grown pitbull didn’t bark throughout the night Diana disappeared, adding, if it would have been someone they didn’t know, the whole neighborhood would have heard their guard dog trying to scare them off.

“The pitbull barks at every little thing,” he said. “He barks at his waterbowl.”

SOURCE: http://www.fox4now.com/news/diana-alvares-search-continues-family-suspects-they-know-kidnapper

-KC

snap said...

"Four, she never told me that she murdered her child and where the body was."


I think this is interesting also because it is a compound sentence joined by "and" not "or". So he is saying that she did not tell BOTH things.

Also, defense Lawyers often quickly tell (kinda like a lawyers version of Miranda rights) clients NOT to TELL them if they did the crime.

Also, "where the body was." begs a question since in the beginning of the many stories there was no body anywhere but a living child that was kidnapped by Zanny the Nanny. "where the body was." almost seems like an admission in a way.
Like he is saying from the beginning she never told that she murdered her baby and that she never told him where she herself put the murdered baby. The baby that she, not her father, put somewhere after a non pool accident; but, rather one final duct-tapped Xanaxing.

Nic said...

Four, she never told me that she murdered her child and where the body was.

Talk about distancing. "her child", "the body"

Or maybe he's such a flake he couldn't remember Caylee's name.

Matt Whan said...

Hi Peter,

Something I've been meaning to ask you: The Reliable Denial consists of three components. What if someone gave a denial of "I didn't kill my wife. I would never kill anyone" would that still be considered reliable even though the person added the second part?

Matt Whan said...

Hi Peter,

Something I've been meaning to ask you: The Reliable Denial consists of three components. What if someone gave a denial of "I didn't kill my wife. I would never kill anyone" would that still be considered reliable even though the person added the second part?

John mcgowan said...
This comment has been removed by the author.
John mcgowan said...

Hi, Matt

If i have this right. Sometimes "unreliable denials" are spoken along side a reliable denial, which is ok. If the subject says ""I didn't kill my wife" as you state above. Then follows with "I would never kill anyone" They have issued a reliable denial. If the subject then goes on to say "I told the truth", it's case closed.

Katprint said...

Regarding "murdered" versus "killed":

In the minds of criminal defense lawyers, there is a world of difference between "murdered" and "killed." One is a crime and the other is not. For example, I "killed" a spider in my bedroom last week but (at least in my own mind) I did not "murder" it. Of course, a PETA fanatic might have a different opinion about whether the spider's death should be described as "murder."

It is certainly possible that Casey told him directly or indirectly that she killed Caylee or maliciously/negligently allowed Caylee to die, but simply didn't use the word "murder." Baez told Dr. Phil that Casey told him Caylee drowned in the backyard pool; Dr. Phil asked, "Negligence?" and Baez said, "Possibly." http://www.drphil.com/shows/1975/ "Caylee Was Never Missing" clip at 1:07

snap said...

Excellent point on "murdered". She did not intend to murder. Murder.

not: neglected, accidented, forgot, premeditated, intended.

BOSTON LADY said...

This poor missing 9 year old, Diana Alvarez, case is heating up. The step father is being kept out of the house. The police impounded his truck. And the statements by the mother, if accurately reported, are frightening. So many things jumped out. Closing doors. Switching lights on and off. The 9 yr old girl had her own room in a very small mobile home which was shared by 6 family members, including the step father. And they have a pit bull who barks at strangers. Her father is in Mexico, deported. The step father's english is poor but he is feeling the pressure right now from the police. The mother calls the baby "child". And, the mother is 9 months pregnant. Here is the article. Interesting for statement analysis.

http://www.news-press.com/story/news/2016/05/31/search-south-lee-county-9-year-old-second-day/85182490/

They moved from an apartment in Collier County to the mobile home park where they live now about a year and a half ago, Jinenez said. Hernandez said they wanted the kids to be freer and be able to play. He said she works in landscaping and Hernandez used to work in a restaurant.

On Sunday hours before Diana went missing, Hernandez said she woke up at about 2 a.m. to prepare a milk bottle for her younger son.

“The child woke up crying, and I went to prepare the baby bottle,” Hernandez said in Spanish.

Her daughter’s room was open. Hernandez said she may have been cold because they have central air conditioning, and she might have opened the door.

“I switched on the light, covered her, and closed the door,” she said.

So she covered her with a green blanket and closed her door again.

At 6:55 a.m., Hernandez said, she woke up and went to prepare another baby bottle. She saw that the stove was on. She asked Jimenez whether he had turned it on, and he said no. She doubted the kids had.

“I checked the door, and it was locked,” Hernandez said.

She said she checked the two doors. She went to Diana’s room — she slept by herself there — and the door was a little bit opened. Diana wasn’t there, she said. The green blanket wasn’t there either.

Neighbor Brenda Bradburry said Diana and other neighborhood kids would play around her home. She and her son put out luminary bags on Monday.

"To let the family know they are not alone," she said.

Bradburry said Diana was nice and friendly, and knew enough to gather her siblings and go home if the situation warranted.

"I wish I had some kind of information about what happened," she said.

A spokeswoman for the Florida Department of Children and Family Services said they are not involved in the case and have never been involved with the family.

One of two vehicles removed from the family's mobile home on Sunday have been returned. The black sedan was released back to the family on Monday. A tan pickup remains impounded.

Crime scene tape that cordoned off the home since Sunday was removed Tuesday afternoon.

BOSTON LADY said...

So the mother of Diana Alvarez does not speak any language so everything is being translated for her. The step father speaks english, broken. He said they did do a lie detector test but he didn't give any results in the interview. The step father said the police were accusing him of doing something to his daughter and he denies. He said whatever they ask, he answers. He is the one who called the police.

One thing that jumped out at me that the step father said, well what he answered when asked when he thought she went missing and he said "2:30 or 3am". Why that time? They allegedly didn't find that she was missing until 7am when they woke up.

The link is to an 11 minute interview with the step father and mother (who has a translator).

https://www.facebook.com/missingpersonsofamerica/posts/968977359838045

BOSTON LADY said...

Okay for sure the reporting in the case of Diana Alvarez is sketchy. There is definitely a language barrier. The story changes. In this update, on Missing in America, the step father indicates they rented a room to a stranger who left a month ago. Rented a room in that small trailer with 6 family members? That in itself is very strange. There is no room in the mobile home from the pictures. The family is saying that there was oil burning on the stove when they got up. But in the first interview, the step father said they woke up at 7am to feed the baby and get the children ready for church. No mention of something burning on the stove. The mother now adds that Diana started wearing make up before this happened.

"Rita also said Diana a few weeks ago began to become more aware of how she looked and asked to put on makeup, reports Fox 4 news."

Hopefully there will be a more complete article soon.

https://www.facebook.com/missingpersonsofamerica/posts/968977359838045

John mcgowan said...

From a couple of days ago:


Search for missing Lee County girl continues

Uribe Jiminez, the stepfather of Diana Alvarez, a 9-year-old San Carlos Park girl that went missing on Sunday, shows his frustration about being kept out of his home by law enforcement. Jack Hardman/news-press.com

I don't know his nationality. English is his second language. I've transcribed the best i can.

"I called, i called the Cops, i call, i do err, i say everything they know. So that's why i'm still here, because i know i don't do nothing to her. And were're a good family. All my neighbours they can tell. What, how we are. And i don't understand why they don't let me go inside my house, for, i just want to go inside my house to grab for any little stuff for my baby". ( I can't understand what he says here) He continues. "I don't got any clothes.....to grab, i don't got nothing" (He says what sounds like caravan and something else?) "so i don't know exactly to do right now".

Along with this we have:

The word "child"
"Lights"
"Coverings" "Blankets"
"Doors" "Locked"

Another quote from the stepfather.

"“I didn’t go to sleep last night, man,” he said. “I know that it is getting more dark, more dark. No answers, nothing.”

We even have distancing language from the cousin. Although i'm unsure if it would be classed as distancing language given it is not an immediate family member., but we have "doors" being "closed" entering her language too.

The family was allowed to return to their mobile home Tuesday but a cousin, Nancy Martinez, said they have avoided Alvares’ room.

You just don’t want to go into the bedroom. That is not an option right now. I mean it’s heartbreaking,” Martinez said. “It is a door that we want to keep closed until she comes home because she will come home.”

Authorities issued a Florida missing child alert, but no Amber Alert has been sent. Law enforcement must believe an abduction has taken place, and descriptive information about a suspect or a suspect’s vehicle must be available for an Amber Alert to happen. Also, the child must be at risk of serious bodily injury or death. Deputies haven’t given any indication of any such known risk.

Frustrated and worried, Jimenez said he feared for the worst.

I feel like she’s not here no more, man,” Jimenez said. “That’s my heart that’s telling me. That’s all my heart is telling me. I feel that she’s not here no more.”


This maybe due to what LE has said above. Or he has knowledge/belief of something more nefarious.

Put together, these are very worrying statements!

http://www.winknews.com/2016/05/31/emotions-escalate-theories-surface-as-family-enters-day-4-without-missing-girl/

John mcgowan said...
This comment has been removed by the author.
John mcgowan said...

Snipped from another article:

Uribe Jimenez, the live-in boyfriend of Diana's mother, said he has a feeling that Diana is not in Lee County any longer. Even though they aren't married, he considers Diana his stepdaughter.

"She's somewhere else. But my heart tells me she's still alive, " he said. "I was going all around in my head. I'm still upset. Still thinking how, when, who."

LE touched upon the possibility that she maybe at risk of "serious bodily injury or death" in the above article. Deputies haven’t given any indication of any such known risk. Though not quoted. Has something filtered through.

Jimenez said he has to stay strong for Hernandez, who is ready to give birth to their daughter any day.

While not discounting any possible scenario," Jimenez said that he just wants news.

"I just want to find my girl," he said.

He said the family contacted the principal at San Carlos Elementary School, where Diana went.

"Any little thing that could help us," is what he said they asked the school for.

His next move is to possibly go to Okeechobee and talk with people there who work in the area.

He said someone who works there in agriculture, like in the sugar cane fields, may have seen or heard something.

Although not a quote is this telegraphing?

"I know that people know her in Okeechobee," he said. "She was there with Rita."

Jimenez also wants to know if authorities have talked to a former roommate who moved out recently. He said he has not heard if the man has been contacted.

"He lived with us for nine months," he said.Jimenez, who said he will finally complete his process to become an American citizen this year, has never gone back to his native Michoacan, Mexico birthplace and doesn't wish to.

"I came here 15 years ago, in 2001," he said.

http://www.news-press.com/story/news/2016/06/01/lee-county-search-missing-diana-alvares-continues/85233838/

John mcgowan said...

It is noted that the stepfather speaks of what he is going through. No sleep etc. The innocent parent cares only for what the missing child is going through and does not care what anyone says or thinks. Does this apply to step parenting?

As of yet or not reported or quoted the expected is missing.

Is she safe?
Whomever has her please bring her home. (No plea for her safe return)
Is she warm.?
Is she hungry?
Ans so on..

"And were're a good family. All my neighbours they can tell. What, how we are".

Abusive and neglectful parents have a need to persuade others that they are good parents. It is a signal that they are not. People do not feel the need to make themselves sound good in the media.
You don't care what others think about you.

Note the order:

I just want to know something. Bad or good," said Uribe Jimenez.

The red flags are in abundance, however. This does not mean they are involved in her disappearance. The absence of an RD is noted.

Nic said...

Great analysis, John!

"And were're a good family. All my neighbours they can tell. What, how we are".


And - missing information?

What - change in reality? (what we are v. how (they project themselves to be)
order - what comes before who


Anonymous said...

Where is The Caylee Daily website???

John mcgowan said...

Hi, Nic

Thank You!

That is a brief analysis (my rooky opinion). I picked out what got my attention. Peter, yourself, et al, (group analysis is second to none. Along with the 40% principle) may see what i haven't.

C5H11ONO said...

John, an amber alert was just issued locally for Diana Alvares. She is in danger.
http://www.wtsp.com/news/local/florida/florida-amber-alert-issued-for-fort-myers-girl/228365241
It is suspected that she is with a former room mate the family had. The mother asked him to leave when she became uncomfortable with his close relationship to the girl.

John mcgowan said...

Hi, C5H11ONO

that's interesting, thank you!

I still stand by, however. The language employed by the Stepfather, Mother and cousin, is concerning. I do hope she comes home safely.

C5H11ONO said...

These are very poor people with language barriers. I suspect that as he speaks in English he is translating what he would say in Spanish which has conflicts. Just as an example when we say "the blue chair", in Spanish you would say, "La silla Azul" - or "the chair blue". There are other conflicts, but I think the part of him describing "all our neighbors, they can tell" could be "nuestros vecinos te pueden decir" which could be "Our neighbors can tell you". Not that the neighbors could tell, they are a good family. I think the sensitive language is due to the family knowing that this guy lived with them and they knew she was in danger. I just don't understand why if she went missing on 5/29, how they can NOW issue an Amber alert for her.

John mcgowan said...

I understand that there are "language barriers" as you say. Even possible misinterpretation by some. (media, press and so on) We go by what is spoken (words and language) and not what we may think what they mean. Even in translation (my opinion).

I (personally) would not dismiss, the numerous correlations with neglect, abuse, language used. (SA, flags) The red flags may have nothing to do Diana Alvares. (this is why i qualified my post's) It is possible that one or others, (guardians) have in the past, been exposed to "neglect and or "abuse" Hopefully not!

BOSTON LADY said...

I definitely noted the language barrier. With the mother's words being translated, it's difficult to know if that is exactly what she said or if the translator is summarizing. According to the news organization, the step father passed the polygraph.

I was struck by some of the statements with lights switched on/off... doors closed.. The mother covered her with a green blanket. The man living with them is definitely something to look at. The mother also said the 9 year old daughter wanted to wear makeup and wanted to look good. Supposedly the man who rented from them left over a month ago and they called him. He supposedly told them he did not know where she was.

I'm praying this little girl will be brought home safely.

Nic said...

C5H11ONO
"These are very poor people with language barriers..."


This could very well speak to the "what" and then wanting to re-word.

what we are v. how we are

Nic said...

John, you don't give yourself enough credit. You constantly remind me what I'm forgetting. It's the little things that can squeak by that make the difference.

:0)

Nic said...
This comment has been removed by the author.
Nic said...

I'd like to clarify, "little things" mean details, like when I read past "breathing" in a past analysis Peter posted, but did not take into account what it meant to the statement.

I skim when I read. S.A. forces me to slow down. Reading another's analysis on the board, like yours, reminds me how much I skim, which is *a lot*.

It's a reminder to me how important it is to have a chunk of quiet time so as to give the statement the proper attention.

John mcgowan said...
This comment has been removed by the author.
may purple reign said...

john youre a caring and thoughtful person. your analysis' always portray your strengths. youre valuable to this g roup. hqnk you for all youshare.

Anonymous said...

RE: Amber Alerts

Amber Alerts CANNOT be issued until it has been VERIFIED & proved to be - That a Child HAS indeed BEEN 'ABDUCTED' & that ALL pertinent information REQUIRED to be included in that Alert has been collected!!

They ABSOLUTELY must have:
*Complete description of said child (Inc. physical appearance/desc/markings, clothing, etc)
*Full description (Make/Model and/or LICENCE PLATE) of Vehicle used in abduction
*Detailed description of 'suspected' ABDUCTOR

Unless these CRITERIA are met - An AMBER ALERT Will NOT be issued!!

** Without having information on the VEHICLE & the ABDUCTOR of any 'missing' Child - This particular Alert cannot be issued!
ONLY a 'MISSING CHILD' ALERT will be put out in most cases!!

CptKD

C5H11ONO said...

CatpKD, Diana was reported missing on May29 and an Amber Alert issued on June 2nd? (4 days later) Didn't the parents tell authorities about the room mate? Aren't the first few hours critical? I find it hard to believe that it took so many days to finally issue an Amber Alert. This should have been announced way sooner. They absolutely had complete description of Diana. The authorities would have known immediately who the parents suspected within hours, unless the parents kept it quiet of course. I am certain that the full description of the vehicle and detailed description of "suspected abductor" were readily available during the first hours of the investigation. How far can someone go in 4 days? This should be a nationwide Amber Alert. He could be anywhere! He could have been in Washington DC in 20 hours from location of abduction, provided he used "the" car. It's sad that it took so long.

Anonymous said...

They had the specifics on Diana - TRUE!
But they did NOT on the 'alleged' ABDUCTOR - FACT!

They had to RULE OUT Family/Friends - First!

Then COLLECT any & ALL information on the 'ABDUCTOR' & "V E H I C L E"

PRIOR

To issuing any kind of AMBER ALERT!

This is standard practice!

Typically & one will note that in Parental Kidnappings - They are issued almost IMMEDIATELY!
That IS because ALL OF THE INFO - IS KNOWN at the outset!

CptKD

Anonymous said...

Besides . . . NO ONE goes on a "Parent's" W O R D today!

Come on - I know you've been around long enough to know that!
And look at 'all' the comment 'posted' above . . .

Need I really say more?

CptKD

C5H11ONO said...

Thank goodness when terrorists blow airplanes up we are able to see who they are immediately in the news.
Amber Alerts only work when it is a parental abduction.

The police are better equipped to deal with the Parents' word. Come on, you know that Cappy!

CptKD said...

I didn't say they're only used, or implemented IMMEDIATELY during 'patental' abductions!

You may want to REREAD my previous comments!

CptKD said...

BTW & BU&I - I sense you missed my 'sarcasm' in my "Need I really say more" remark @127pm!

CptKD said...

For the Record:

'Snipped' from Department of Justice Gov Website Re: AMBER ALERTS

Sufficient Descriptive Information

For an AMBER Alert to be effective in recovering a missing child, the law enforcement agency must have enough information to believe that an immediate broadcast to the public will enhance the efforts of law enforcement to locate the child and apprehend the suspect. This element requires as much descriptive information as possible about the abducted child and the abduction, as well as descriptive information about the suspect and the suspect’s vehicle. Issuing alerts in the absence of significant information that an abduction has occurred could lead to abuse of the system and ultimately weaken its effectiveness.

t said...

Apologies for being off topic. Has there been analysis done on the Morgan Ingram case? It is compelling.

John mcgowan said...

Update: Diana Alvares

The suspect has been found. The Amber Alert remains active.
The Florida AMBER Alert has been issued for Diana Alvares, a white/hispanic female, 9 years old, 4 feet 05 inches tall, 095 pounds, black hair, brown eyes, last seen in the area of Lee County, Florida in Fort Myers, wearing a short-sleeve shirt and shorts. If you have any information on the whereabouts of this child please contact the Lee County Sheriff's Office at 239-477-1000 or 911.

https://www.facebook.com/FDLEpage/?fref=nf

step dad said...

John, remember that case i think in oregon where family friend killed a little girl and the step father i believe had the same attitude as this guy does. imo, a step parent will not have the same as a real parent as a step parent will never have the same "maternal" love for a child as the real parent does.
therefore, the blanket tells me it was not the step father as he would not have cared that she had a blanket or not. it was someone who loved her, immediate family.
i do believe the child was being sexually molested and i am positive the mother knows who the perpetrator is. the mother knew the stove being on was an attempt to kill everyone in the home, and knew they would not have harmed the girl, that is how she knew to immediately check the girls room after finding the stove on. she knows who did this.

to people who find disbelief so many living in small trailer... they do do that.

John mcgowan said...

This is Diana Alvarez's step father Uribe Jimenez talking with the news.

https://www.facebook.com/missingpersonsofamerica/posts/968977359838045

C5H11ONO said...

http://www.abcactionnews.com/news/state/amber-alert-suspect-in-custody-diana-alvarez-is-still-missing

Her suspected abductor has been found and she wasnt with him. Her mothers interview was translated but it wasnt verbatim. The translatir added her version. The mother spoke a lot about doors, blankets, and....she said in Spanish "i dont know why she did yhis". That is concerning. It sounds like shes blaming her for what happened.

C5H11ONO said...

Apologies for the typos. Naughty cell phone.

Anonymous said...

Anonymous REK said...

"and where the body was" stood out to me. it just seems to be either validating the idea of the murder or.. adding a second element that needed to be met.. maybe she told him she murdered the child but never said where the body was.. that way he can get by with saying that entire sentence, type thing

----------------

That stood out to me as well. Much, if not most, of the LSAT (law school admissions test) is composed of logical reasoning. It's basic logic (as a subject) that if either of two conjunctive (AND) statements is false then the conjunction as a whole is false. An attorney knows exactly what he is saying by using such a phrase.

John mcgowan said...

Diana Alvares missing, family gives glimpse of daughter's room

Diana's Mother opens the door to her bedroom.

"Here is where she used to sleep"

Was she asked in the past tense "where did she used to sleep," and was shown?. Thus eliciting the response "Here is where she used to sleep"
Has the passage of time had an impact? Although it's only just over a week.
Have LE alluded to the possibility she is dead?
Does she have knowledge or belief she is dead?.
As the mother it is far more difficult to accept.
Context is key.

https://www.youtube.com/watch?v=fxPA8fYVTDY

Peter's examples of context.

In understanding the principle of past tense language in missing person cases, we must not only consider context, but proximity of the relationship:

Contextual Examples

Length of time missing
Weather conditions
Known associations
Known or suspected substance abuse issues
Mental health status
Family status (such as a teenaged runaway struggling at home0


Familiar Examples: the strongest are at the top

Biological Mother has the greatest resistance to accept death
Biological Father is generally second, close behind
Estranged but biological parents, Spouses
Step parents that are close
Grand parents

Siblings and ex spouses
Friends
Teachers, Community, Co workers, etc

Even a very close step parent will accept death before a distant biological parent. The tie is more powerful than what we might consider, especially when a parent is estranged.

Blood relations have stronger denial, overall, even with estrangement, than non-blood familiar relations. In this classification, however, married spouses are considered as "one"; that is, very close, and quite resistance to accepting death.

C5H11ONO said...

Rita Jimenez: "Aqui es donde ella dormia, todo aqui." - She made a past tense reference to her daughter.

Rita when asked what she wants to say to her daughter: "Pues, Que regrese mi nina porque yo aqui no no me voy a sentir a gusto sin ella."
Trans;ation: "Well for my daughter to return, as I will not feel well without her." (I'm not perfect, but this is the best translation. I noticed she didn't address her daughter.

When Uribe (stepdad) was asked to address his daughter he said this:
https://www.youtube.com/watch?v=WjpLK3Lursc

If somebody have my daughter. Diana if you see this please let me know where you are mum. Where you at mum. I tried looking for you everywhere.

"Why they don't take the other, my other two babies. That's Diana brother and Diana sister. Her name is Lizette and Luis. Why they don't take the other two babies? Why just her?"

The reporter ends by saying that Uribe said to him, "If they have to arrest me so be it. It's my step daughter, I'm going to find her."



The police has asked people to hold off on searching for Diana.
https://www.youtube.com/watch?v=gGWthgUMfjg
From May 31, 2016 - They believe that a crime has occurred and don't want anybody trampling on any evidence. They have 2 scenarios - an abduction or a crime occurred in the house. The fact is that she is nowhere to be scene is disturbing.

John mcgowan said...

Suspect in Alvarez case charged with having child pornography

Jorge Guerrero, a person of interest in the disappearance of 9-year-old Diana Alvarez, was charged in federal court Monday for possession of child pornography.

The criminal complaint also outlined a number of details including tracking a phone Guerrero used and later threw away to the vicinity of Diana's San Carlos Park home the night she disappeared.

Guerrero is being held in the Lee County Sheriff’s Office jail without bond. He was transferred to the jail Monday from Okeechobee, where he was picked up by police on Saturday.

The charges include allegations that a phone that had been in Guerrero's possession contained multiple images of child pornography. The photographs show intimate parts of a young girl's body, but authorities said in the complaint that the child has not been identified and that some of the images were taken in December 2015.

The phone with the photographs had been thrown away, Guerrero said. It eventually turned up in another man's possession.

Guerrero gave investigators the code to unlock the phone after he was apprehended.

Authorities tracked the phone using the assigned phone number and traced it from Orlando to Fort Myers the night before Diana disappeared and placed it in the area of her home between midnight and 3 a.m. May 29, the morning she disappeared, the complaint said.

Records confirm there was communication from the cell phone used by Gurerrero to a cell phone in the home used by those who lived their, including Diana, the complaint said. “It appeared the content of the message was deleted from the cellular telephone.”

After leaving Lee County early on May 29, the phone was traced to Okeechobee, Yee-Haw Junction, back to Okeechobee and then back to Orlando, the complaint outlined.

In Guerrero's statement he confirmed the phone was his, that he had possession of it when Diana went missing but said that he never set foot in Lee County at that time. He told investigators he was traveling between Okeechobee and Orlando and that his vehicle, a black Chevy Malibu, broke down during the trip and had to be towed.

His detainment on June 3 was the result of "his lack of lawful immigration status in the United States” court documents said.

Investigators tracked the Samsung smart phone to Daytona where a landscaper told detectives he found the phone in high grass in Orange County.

Cont..

John mcgowan said...

While the phone was locked the landscaper said a man who said his name was Jorge called the phone and told him to keep it, court documents said. He was never able to unlock the phone and never used it, the man told investigators.

​The investigation remains active, the Lee sheriff's office said, as many tips and leads have been generated throughout the investigation.

A few hours after the Florida Department of Law Enforcement issued an Amber Alert on Thursday afternoon, authorities found the Chevrolet Malibu believed to be driven by Guerrero, but not him or Diana.

Rita Hernandez, Diana's mother, said she is worried that the man who may have taken her daughter was charged with possessing child pornography.

“As a mother, I am concerned,” she said in Spanish on Monday.

Hernandez said that while Guerrero was living at their mobile home, he didn´t have a computer, but he did have a cellphone. She never had any indication though that Guerrero viewed child pornography, she said.

Hernandez said that, as far as she knows, Guerrero hasn´t told anything to law enforcement about Diana.

“What I want is that he speaks and says where he has the girl,” she said. “It´s been nine days, it´s a long time.”

Hernandez said she cannot be sure that it was Guerrero who took the girl, but she is suspicious about him not telling anything to law enforcement.

“If he doesn´t want to speak, he will have to hide something,” she said.

Hernandez met Guerrero when she picked cabbage in a Florida field about three years ago. Guerreo asked Hernandez for a place to stay when he found a construction job in Southwest Florida. He moved in with a brother to Hernandez's trailer on the 3500 block of Unique Circle.

He left the home about a month ago after Hernandez and her live-in partner Uribe Jimenez noticed Diana often followed Guerrero around and sat next to him to watch TV. It was such a concern.

http://www.news-press.com/story/news/2016/06/06/diana-alvarez-case-suspect-jorge-guerrero-now-lee-jail/85480128/

tania cadogan said...

off topic

Former New England Patriots tight end Aaron Hernandez has met with the lawyer who successfully defended Casey Anthony on murder charges in an effort to overturn his own conviction.

The former footballer was found guilty of murdering his former friend Odin Lloyd.

He was convicted of the 2013 murder in May 2015.

As well as the conviction for killing Lloyd, Hernandez is facing a double murder charge after he was accused of killing Daniel Abreu and Safiro Furtado outside a Boston night club in 2012.

Hernandez is accused of blasting both men with a handgun in a drive-by shooting following a row in the club over a spilled drink.

According to TMZ, lawyer Jose Baez met with Hernandez in the Souza-Baranowski Correctional Center in Massachusetts.

Baez confirmed he had spoken to Hernandez but would not divulge whether he had been instructed by to former football star.

In December, Hernandez appeared in court in connection with the double murder charge. He was seen a the time sporting a newly-acquired gang tattoo.

The inking has been liked to the Bloods street gang.

The former New England Patriots tight end, who appeared in the 2012 Super Bowl, had signed a $40million deal for five seasons shortly before he was arrested for the murder of Lloyd.

He was convicted in April for that murder and the next month received his tattoo.

Getting a tattoo is illegal in prison but it is not clear how, or if, he was punished for the infraction.

Baez represented Casey Anthony in 2012 who was acquitted of murdering her daughter Caylee, whose body was found in woodland near her mother's home.

She initially claimed that a babysitter killed her daughter.

http://www.dailymail.co.uk/news/article-3629582/Aaron-Hernandez-planning-Hail-Mary-legal-tactics-meeting-Casey-Anthony-attorney-help-overturn-murder-conviction.html