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Notice ALL Hearings Have Been Cancelled. (above)
"Defense's Motion to strike notice of intent to seek a sentence of death because there is no legally sufficient biological evidence or DNA evidence that links the act of murder."
55 comments:
A criminal case may be "air tight" UNTIL the defendant requests a trial by jury. The state then becomes at the mercy of the jury. 90+ percent of jurors will do the right thing but there is always that chance.
Benjamin Sifrit comes to mind. He was aquitted of the 1st degree charge and found guilty of 2nd degree murder.
According to one of the motions in these pictures there is no legally sufficient biological evidence or DNA evidence that links the defendant to the act of murder
Let me get this straight. They can prove he went in the house. They can prove he kidnapped Sarah. They can prove he raped and ravaged this poor child's body but they can't prove he murdered her? WTF??? Ruark knew the requirements to seek the death penalty how the hell did he overlook this tidbit? This makes me sick to my stomach. Thank GOD, Ruark's employment with the states attorney office ends with this case. Shame he can't take his shot caller Matt with him.
Maybe I'm missing something but the motions hearing on the 29th doesn't say it's been cancelled/vacated.
What would happen to him under Sharia Law?
anonymous 3:08, while I agree, were we not lead to believe that the dna evidence would prove Thomas Leggs murdered Sarah Foxwell.
When I sat in court and heard the defense attorney state the dna evidence does NOT prove her client committed the murder I immediately wrote in my notes, THIS CASE IS OVER.
I have a question. Will Matt make a statement of his Dream Team's success if a plea bargain is made? He wants to brag about such a good job they're doing since he took over, will he brag on this??? If this ends in a plea we need to eliminate the entire office and just let Matt plea out everything in Wicomico County. Nothing will be able to rival this crime. Why waste the money? We can probably save money on police too. (Do you hear the sarcasm and disappointment?)
He certainly had the "opportunity". I am sure a jury will see this.
It must be beyond the shadow of any doubt.
I'm with 3:09. And if you get right down to it DNA can never prove on it's own that someone committed a murder. DNA coupled with other evidence can though.
I said over and over that Leggs might not have done it but nobody wanted to hear it. It was all hes guilty fry him! Nobody was at the crime nobody saw it but everyone thinks they know . Now guess what no DNA. All they have is a toothbrush and the word of a small child who was probably pushed into making her statement
to the police. What if guys what if! If hes found not guilty then what the kids killer is still on the loose. My god it could be you!
it could be your boss,nieghbor, hell I know lets lynch everyone let God sort it out.
I think the problem lies with the 2009 Death Penalty Compromise legislation. Lawmakers were warned back then that is was more confusing than ever by lawyers and legal professors.
I quess they had a decision to make then. Do we risk it all or do we get what we can get. Thats a tough one.
Oh Please 3:37. Murders generally do not have eye witnesses to the actual deed. And guess what??? There is DNA.
Joe I am so disappointed in you. You know better than this.
3:12
for any justice to be carried out under sharia law there has to be 3 or 4 "credible" witnesses to the rape.
I'd love to have a job as a states attorney and say I quit any time I want to and still have my job the very next day.
Not any doubt Joe, reasonable doubt. Say for instance Leggs tries to say yes he kidnapped Sarah and sexually assaulted her but left her in the woods and someone else happened to come along and murdered her. Now of course that could have happened but is so unreasonable that a rational person wouldn't buy it.
anonymous 3:54, Good Point
Anon 337 there is DNA to prove the sexual abuse. There is no DNA to prove murder.
Joe you were in court and heard the motions, the state won all the motions the evidence is solid. Completely solid, you heard that. The law enforcement and the public who helped did an awesome job with this case. It is really sad that all these people are bashing something they know VERY LITTLE about based on rumors and lies. How many of the posters have talked to someone in the know?
Judge slowly people. If you feel that you are qulified to judge others that is.
3:22 Let's save some more money. Release everyone in the WCDC and lay off all of the guards. No one in there has done anything worse than Leggs either.
The SA attorney was handed this case after the suspect was in custody, after the prev SA told everyone in so many words this was airtight, blah blah blah. Now everyone is upset that Matt can't deliver what Ruark promised? I cannot fathom making that decision, can u? Like a pp stated, take it to the jury and risk it all? No way. He did exactly what the law allowed him to do and that is to put Leggs away for a long time. I am glad Matt made an educated decision and not try to be a cowboy and hope for the best.
The system is flawed, no doubt, but we as a community must have seen something in Matt to vote him in, right?
3:59 can you name an instance where DNA in itself can prove murder? I think that's the whole problem here. The 2009 legislation isn't clear. It only states in order for a defendant to be death penalty eligible there must be DNA evidence, (a video of the crime or a taped confession I believe are the other 2.) I think the meaning of DNA evidence is clear to most people but in the legal sense it isn't. This is a good example of what happens when legislation and bills are pushed through without proper consideration and study.
DO you realize that in Maryland you only serve half the sentence you are given? Life is only 25 years! he could be back out in 12!
anonymous 4:01, As I have stated before, I sat in the court room through almost every hearing and for what its worth, I did not hear of ANY DNA evidence that links Leggs to murder. It pains me to say that but its true.
I have never stated or implied that ANY ONE in Law Enforcement didn't do a great job, they did, no qustion about it.
Now, lets get serious here. Passing the buck on this matter is really starting to tick me off. SOMEONE needs to take responsibility for this "air tight" case and it should not be Matt Maciarello.
The public was assured by the Sheriff and former States Attorney that Thomas Leggs would get the death penlty.
I, for one, was one of those believers, weren't YOU?
I believe when everything comes out on Tuesday morning the majority will be shocked.
4:01 it looks like on the judiciary that the defense appealed some of the circuit court judge's decisions to the states 2 higher courts.
4:24 try a third of the sentence. The formula for good behavior credits amounts to about a third of the orginal sentence. MD does have life without parole though.
Wednesday, February 09, 2011
BREAKING NEWS ON LEGGS CASE
Special States Attorney Davis Ruark announced in court today that based on DNA evidence they did find Thomas Leggs semen in Sarah Foxwell's stomach.
Additionally, they also found Sarah Foxwell's DNA on Thomas Leggs boxer shorts.
So far this morning the Judge has once again rejected every motion to remove cell phone and DNA evidence from this trial.
Much more to come later.
"Life means life" in Maryland. Those who think it means 25 years don't know their politics. Read on... http://professorwarnken.com/2010/05/31/life-does-not-mean-life-without-parole/
I heard from a reliable source that there was DNA just located that didn't match Sarah or Leggs. Could it have been that someone else was involved?? Or that someone contaiminated the scene? I wonder?
I hear that Ruark almost quit over this. wonder what he'll have to say???
Trial by Jury of Peers. The greatest American Right left for us. Soon you ill-informed people will become convinced by the criminals who run our government that we should relinquish this right. You will be convinced by the SA's ability to put out information which makes his "side" appear right. He is protecting the public. Arresting and prosecuting the guilty.
What if the person is innocent? What if the person was framed for a murder done by someone else? What if the SA's Office has put out information that is misleading?
One other commenter said it best, judge slowly - if you are qualified to judge at all!
anonymous 4:42, USE YOUR HEAD!!!!!
Yes, that proves that Leggs RAPED her. It does NOT prove he murdered her.
if he gets put in a max security prison for any amount of time and the inmates find out what he did, he will not serve out his sentence
4:42 Thank you for pulling this out of the archives. This proves they have DNA to prove the sexual abuse of this poor child. This is a terribly sad day.
4:30 Life without parole doesn't mean he will live his life out until death in prison, it means he is not eligible for parole. After serving 20 - 25 years he'll be a free man, to rape and kill again.
4:28
That is normal and automatic in all death penalties. If the defense doesn't agree they file an appeal. Another right MD gives in death penalty cases.
Joe, hearing some of the evidence, the DNA evidence you heard about proves that Leggs did what he did. Now you have the jury and the reasonable doubt you talked about earlier. Remember that goes both ways, what would a reasonable person believe, with the evidence would a reasonable person believe that Leggs killed him. It also works that way too.
5:00 the sentences affiliated with first degree murder which is the degree of murder Leggs has been charged with are- Life, Life without parole and the death penalty. Life without parole means one will spend the rest of their natural life in confinement. Life itself means one could be eligible for parole. Eligible for parole doesn't always mean someone will get it.
Not before the trial is an appeal automatic 5:27. The auto appeal comes AFTER a conviction and sentence of death if the defendant so desires. These appeals were filed because the defense felt the judge's decision/decisions at the circuit court level were incorrect.
One thing that has always troubled me about this case is that he had not been violent in his previous cases. Maybe there was someone else involved.
hey 3:37, i read they found semen in her stomach. now you want to say he's not guilty!? what...he pilliged her body and then left her somewhere so someone else could murder her? use some sense.
now see why sometimes plea deals are made instead of taking a case to a jury 7:25. It's because of the irrational thinking of people like 3:37.
LET ME MAKE SOMETHING VERY CLEAR...
This case is NOT about Leggs ONLY being charges with kidnapping. The charges and sentence will be MUCH bigger than that, so stop talking crap on here. You have my word, it's MUCH bigger.
4:01 PM
What the heck are you talking about? Or don't you know either?
The mere fact that his semen was found in her stomach should be enough eveidence to put the sick SOB to death. However, I am neither the judge, nor the jury, but one day this POS will meet his maker, as will all of the pitiful souls who are trying to defend him. In the meantime I am praying for Sarah's friends and family, and thanking God for my beautiful and healthy children.
sadly, even if he got death, and it was carried out, what's done is done and there can be no justice. Not true justice, not for anyone who cared about Sarah(I didn't know her but am speaking as a mother).Thanks for keeping us informed Joe.
The prisons are full of child molesters, rapist and murderers. What make you think they won't welcome Leggs aboard.
Of course he may have to be somebody's skank for while, he might like it.
Martyland wants to abolish the death penalty now anyway.
The death penalty is too good for him, slow death with much agony would be true justice if he's guilty.
There is always the option for consecutive life sentences where he will never be free
9:59 PM
did he kill more than one person? I doubt if he can get life for kidnapping and rape.
756 I totally agree to put a needle in his arm and let him die peacefully is way to good for him.
Maybe they will just drop all charges on him and tell the local public when and where he will be released from jail. Im sure the many people who spent Christmas day searching for Sarah can carry out swift justice!! And keep in mind the money this would save.
Is it possible that he can be convicted of both kidnapping and rape? Due to two different charges would the judge be able to sentence him to two consecutive prison terms without probation?
Joe, I think you need to keep this where people can see it up until Tuesday. If I had a way of getting there, I'd be there to see what happens with my own eyes.
First thing for Leggs should be take a meat cleaver and remove a couple fingers. Then proceed to slap him around for two hours or more while burning him with cigarettes.
Then lob off a few toes and poke out an eye. Slower the better. Then tie him down out in a field where the buzzards can poke his other eye out and have a nice warm meal!
Personally I think all this blah blahness is total bullcrap everyone thinks they know all....well if your so smart why dont you run for office????? If I were the DA or judge I would do my best to have everyone locked up for harrassment and obstruction of justice until this trial was over to give family and friends of Sarah some kinda peace before more hell breaks loose!
This case is Air Tight! WBI completed one of the best investigations in the history of Maryland! People making negative comments on here need to wake up. This man would never be put to death in the State of Maryland even if he did get the death penalty. That is a fact! The State is run by liberals who do not believe in the death penalty. People of the State and County need to look at who they have elected to be judges, congressmen, senators and representatives of the State and County.
Anonymous 8:52, you see my name at the top of this comment, RIGHT.
WELL, let's stop pounding our chest here and get down to FACTS.
NO ONE had enough evidence to PROVE Thomas Leggs murdered Sarah Foxwell.
This case was just another O.J. Simpson casde where there was no evidence. We ALL knew who did it but it couldn't be proven.
Every one needs to stop ACTING like we're ALL being dooped. The states attorneys office convinced the family to take a deal and you better believe one thing, we WILL expose ALL of it on Tuesaday or Wednesday.
Wait until you hear WHY!!!!!!
Yeah, I can guarantee you one thing. The traffic to Salisbury News both Tuesday and Wednesday should prove to be record days for sure.
Let me just say this. There's a LOT to be angry at. And don't think for a second the Sheriff's Department or anyone else is getting off the hook!
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