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Posted by: thepinetree on 02/26/2018 09:41 AM Updated by: thepinetree on 02/26/2018 09:41 AM
Expires: 01/01/2023 12:00 AM
:

Calaveras Sheriff's Dept on Fowler Appellate Court Decision

San Andreas, CA...On February 22, 2018, the Third District Court of Appeals reversed the Juvenile Court’s decision regarding the case of the 2013 murder of Leila Fowler and has remanded the case for a new trial. As the Appeals Court decision is not yet final, a new Court date has not yet been set.





In its decision, the Court of Appeals reviewed four interviews of the juvenile suspect in this case conducted in 2013. The Appeals Court agreed with the Juvenile Court’s finding that the first and second interviews were properly admitted into evidence at the trial. However, the Appeals Court disagreed with the Juvenile Court regarding the third and fourth interviews, and found those interviews should have been excluded from the trial primarily due to a perceived conflict of interest on the part of the juvenile’s parent in giving law enforcement permission to conduct the interviews after the juvenile became a person of interest in the murder. Applying current federal standards of review, the Appeals Court stated it could not find the Juvenile Court’s consideration of the interviews at trial to be a harmless error beyond a reasonable doubt. Therefore, the Appeals Court reversed the Juvenile Court’s decision in the case and remanded the case for a new adjudication hearing (trial).

At the time of the Leila Fowler murder investigation, California Welfare and Institutions Code Section 625.6, which requires that a youth 15 years of age or younger consult with legal counsel prior to custodial interrogation, had not been enacted. This legislation was enacted in 2017.

The Attorney General’s Office represented the People in fighting to uphold the Juvenile Court’s decision in this case and is carefully reviewing the decision of the Appeals Court. The Calaveras County Sheriff’s Office stands by its investigation and its commitment to seek justice for Leila Fowler. The District Attorney’s Office joins in that commitment and is prepared for any re-trial of the case.


Comments - Make a comment
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No Subject
Posted on: 2018-02-26 10:43:51   By: Anonymous
 
This time, hang the parents.

[Reply ]

    Re:
    Posted on: 2018-02-26 14:20:51   By: Anonymous
     
    Forget the parents. Once the child is in custody, the Supreme Court's Gault decision for a juvenile's right to counsel applies and the parents cannot waive that right on behalf of the child. That decision was issued in 1967. Plenty of time for the Sheriff's office and the prosecutors to have studied a juvenile's constitutional rights. Either we are a nation of laws or a nation of hooligans. The applicable question is whether Fowler was in "custody". Given that the DA's case relied on the circumstantial failure of Fowler' to explain a missing time frame in his accounting of that day's events, it would appear that the respondent's statements, while in custody, were prejudicial to his receiving a fair trial. If that is the case, then that is big screw-up.

    Lucius Annaeus

    [Reply ]

No Subject
Posted on: 2018-02-26 11:38:59   By: Anonymous
 
That's what happens when you get a bunch of HILLBILLYS trying to be up town law

[Reply ]

No Subject
Posted on: 2018-02-26 11:44:32   By: Anonymous
 
This is part of a clear trend that the local law enforcement is not able to handle a murder investigation. Thankfully they don't get much practice. Just seems like they should bring in big-city help for the rare murder.

[Reply ]

    No Subject
    Posted on: 2018-02-26 12:06:56   By: Anonymous
     


    [Reply ]


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