Chris - The Legal Issues - A Prosecutor's Perspective

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TheRealLowtax said:
How realistic would it be to be able to sit the trial? I'm not an internet retard who will heckle and I just want to go there and watch
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Sure, you can go watch the proceedings, provided that there's space available in the courtroom and there aren't disruptions such that the judge or magistrate holds the proceedings closed. Hearings are virtually always open unless there's a germane legal reason to close them, even in sensitive cases. For example, someone from this forum attended the court proceedings against Nick Bate, and witnessed his sister's testimony against him. They - correctly - did not share the content of those proceedings, but they were able to attend.
 
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Sassy Witch 🐬🎶🗡 said:
My big question that I haven't seen anyone talk about is....

What about Cole? If Cole has been notified and cares about his mom, could he come and take her back to NY?
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He's really under no obligation. Barb has other family members within Virginia IIRC that will likely deal with her if she can't live on her own.
 
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robobobo said:
It's possible that she is. Not sure anyone's gone looking to see if she's charged with anything.
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I would be extremely shocked if a DA charged an elderly woman who probably has dementia with incest.

Since they won’t do anything to Barb, if they don’t find any evidence of rape or coercion or anything like that, do they still carry on with an incest charge?
 
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Beef Thunderpants said:
I would be extremely shocked if a DA charged an elderly woman who probably has dementia with incest.

Since they won’t do anything to Barb, if they don’t find any evidence of rape or coercion or anything like that, do they still carry on with an incest charge?
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Yeah, no reason they can't. Prosecutorial discretion is almost unlimited and basically unreviewable. Nothing say just because we don't charge one participant we're somehow barred from charging the other.


Mariposa Electrique said:
@Alexander Hamilton Do you have an idea of what they're holding him without bail? Is it just because it's a different jurisdiction, or are they holding him without bail because he fled to Richmond, and he may be a danger to Barb?
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It's the jurisdiction thing, most likely. Generally when you arrest someone on a warrant from another jurisdiction you can hold them without bail for a few days while that jurisdiction comes to pick them up. So since these are separate counties, I would bet that's what happened - Greene County put the warrant out, so he's being held for them. He'll go in front of a Judge and have bail set in Greene County.

Depending on some jurisdictions, certain types of offenses don't have a jail bond - you can't bond out until you see a Judge. Domestic violence is a common one for that. But I don't think that's the issue here, I think it's that they picked him up on a Greene County warrant. He will certainly have a bond set in the coming days - whether he can pay it is another matter.
 
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@Alexander Hamilton I've got a couple questions/thoughts, maybe they've been answered already.

1. Is a confession from Chris to an unrelated third party who was using a pseudonym really enough (assuming there's no concrete DNA evidence or evidence of sexually indiced injuries)? He also "confessed" to being a pedophile because he was being trolled. He's also so far gone at this point that he can't distinguish fantasy from reality.

2. If Barb is as senile as people seem to think, can she even be considered a reliable witness?

3. Allegedly, the audio shared by "Bella" has a voice changer on it, meaning that in some form it has been tampered with. Is there a risk that can get thrown out for being unreliable/inadmissible due to tampering? Unlike if a recording is modified for use in court to protect the witness (does this even actually happen or is this TV drama make believr?) where the prosecution would still have unaltered evidence, said recording, to my knowledge anyway, was only posted online, not directly sent to law enforcement.

4. Back to the confession to "Bella", are text messages shared through the internet even admissible? Or would they need to get logs from the service used for the messaging? Like a phone service carrier or Facebook or Whatsapp.

5. Can the defense reasonably make a case from the years of inappropriate behaviour between Chris and Barb like the post-fire spooning, assuming this is rape by the victim saying yes but being unable to legally consent? (i.e. Barb is too mentally feeble to be able to consent to sex with someone like Chris)

6. I know you've already touched on that Chris acknowledged he took money from Barb's account that might not have been his, but Barb has a habit of spending Chris' money. Could that invalidate any claims that Chris violated the EPO?
 
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trueandhonestfan said:
@Alexander Hamilton I've got a couple questions/thoughts, maybe they've been answered already.

1. Is a confession from Chris to an unrelated third party who was using a pseudonym really enough (assuming there's no concrete DNA evidence or evidence of sexually indiced injuries)? He also "confessed" to being a pedophile because he was being trolled. He's also so far gone at this point that he can't distinguish fantasy from reality.

2. If Barb is as senile as people seem to think, can she even be considered a reliable witness?

3. Allegedly, the audio shared by "Bella" has a voice changer on it, meaning that in some form it has been tampered with. Is there a risk that can get thrown out for being unreliable/inadmissible due to tampering?

4. Back to the confession to "Bella", are text messages shared through the internet even admissible? Or would they need to get logs from the service used for the messaging? Like a phone service carrier or Facebook or Whatsapp.

5. Can the defense reasonably make a case from the years of inappropriate behaviour between Chris and Barb like the post-fire spooning, assuming this is rape by the victim saying yes but being unable to legally consent? (i.e. Barb is too mentally feeble to be able to consent to sex with someone like Chris)

6. I know you've already touched on that Chris acknowledged he took money from Barb's account that might not have been his, but Barb has a habit of spending Chris' money. Could that invalidate any claims that Chris violated the EPO?
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1. No, the confession isn't enough. But it starts the ball rolling. And when the warrants for the texts come in, assuming those were genuine, and then Chris tries to 'explain' everything away to the police...that confession definitely will be enough.

2. Probably not. I wouldn't anticipate Barb testifying in that case. But that wouldn't sink the case, although it might help shape the plea-bargain.

3. See 1. I really don't think the audio comes in in the end, I think the police interrogation does.

4. Yes, they'd want to subpoena the records from the phone company to establish Chris sent those texts. This is doable. But again, I stress those are the starting point and probably not the ending point.

5. No. We actually have specific rape-shield laws that generally prevent prior sexual behaviour by the victim. You don't get to fuck someone who can't consent just because they came on to you for years and groped you and such.

6. No. The fact Barb spends Chris' money would not invalidate him taking her money if such taking was a criminal act and thus violated the EPO.
 
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Mariposa Electrique said:
He'll just transfer some money for Barb's account. What are the odds that he may face additional charges?
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Pretty high. This is fairly standard - you snag them for whatever you have probable cause to arrest for and figure the full details out later.

Or sometimes the cops make an arrest on one thing, then we review it and find something different/something more.

It's entirely normal for the original arrest charge to not even make it into the final charges, depending on circumstances.

And of course once you start your investigation you may find many more instances of what you thought was a one time thing.

Ultimately nothing should be considered settled until charges are filed and a court case number issued, and even then charges can be amended, added, or deleted - often as part of a plea deal.
 
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Alexander Hamilton said:
Pretty high. This is fairly standard - you snag them for whatever you have probable cause to arrest for and figure the full details out later.

Or sometimes the cops make an arrest on one thing, then we review it and find something different/something more.

It's entirely normal for the original arrest charge to not even make it into the final charges, depending on circumstances.

And of course once you start your investigation you may find many more instances of what you thought was a one time thing.

Ultimately nothing should be considered settled until charges are filed and a court case number issued, and even then charges can be amended, added, or deleted - often as part of a plea deal.
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But I'm willing to bet they're not going to let evidence of rape and incest go.
 
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I have some questions that I haven't seen addressed here yet.

1. Can you explain what the deal is with civil vs criminal court? Will there be two hearings/trials? If so, will he get different lawyers? Does the $750 situation fall under the civil or legal case (or both)? Does Barb have any control over either?

2. Theoretically, could Chris produce milk from prison or while on probation? How much internet access are criminals like him typically allowed? If he's completely banned from the Internet, could he draw and publish sonichu pages?

3. If VA will treat Chris as legally male, why the female marker on his mugshot? Are they gonna have to use female pronouns in court?

4. Does the number of times he did it matter for incest/rape charges? Is it possible that some of the instances could be ruled rape and others consensual?

5. What is the absolute worst thing Chris could do in his situation?
 
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Alexander Hamilton said:
1. No, the confession isn't enough. But it starts the ball rolling. And when the warrants for the texts come in, assuming those were genuine, and then Chris tries to 'explain' everything away to the police...that confession definitely will be enough.

2. Probably not. I wouldn't anticipate Barb testifying in that case. But that wouldn't sink the case, although it might help shape the plea-bargain.

3. See 1. I really don't think the audio comes in in the end, I think the police interrogation does.

4. Yes, they'd want to subpoena the records from the phone company to establish Chris sent those texts. This is doable. But again, I stress those are the starting point and probably not the ending point.

5. No. We actually have specific rape-shield laws that generally prevent prior sexual behaviour by the victim. You don't get to fuck someone who can't consent just because they came on to you for years and groped you and such.

6. No. The fact Barb spends Chris' money would not invalidate him taking her money if such taking was a criminal act and thus violated the EPO.
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Thanks. I figured 5 wouldn't be defensible in an actual rape charge if that's what happens, but I can absolutely see something like that being used to try to win over a jury or try to win lenience from a judge (maybe a reduced sentence) regardless of whether it's a proper legal defense.
 
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