Sunday, May 20, 2012

Jenn Wyatt demands jury trial

Jennifer Wyatt-Paplham entered a Not Guilty plea in court last Wednesday to Woodstock felony charges filed in March in the Beth Bentley missing person case.

And she is asking for (demanding) a jury trial. Well, we know how long it takes to get a jury trial around here...

Her next court date, for Status, is June 27. Often, cases drag for 1-2 years before the actual date for a jury trial arrives. Why judges put up with continuation after continuance is beyond my comprehension. Why not set a trial date for, say, September and tell the lawyers to be ready and that, ready or not, the trial will take place? Instead of status hearing after status hearing after status hearing, wouldn't it be wonderful if Judge Condon just set a Trial Date at the June 27th court date?

After a few mis-steps, guess what? Trials would start happening while someone still remembered the facts and that cases were pending. Someone besides the lawyers, I mean.

Thursday morning's article in the Northwest Herald read, "Police (that's the Woodstock Police) alleged that Wyatt was lying when she said she did not have contact with Bentley two days later, although they will not say when the two last had contact."

Since Wyatt has demanded a jury trial, then let's have a trial. No deals. No last-minute plea to a lesser charge. Put on the case. Bring out the evidence. Let's hear what's going on this case, which is now a few days short of two years old. She wants a trial? Give her a trial.

I haven't read the Complaint recently, but from the newspaper's description of the charge a few questions quickly arise.

1. What, exactly, is the lie -
a. she did have contact with Bentley two days later (on May 25, 2010)? or
b. that Wyatt said on May 25 that she hadn't had contact with Beth on some other date? or
c. that she said at some time later than she had not had contact with Bentley on May 25, 2010?

2. Are the charges specific enough to stick?

The claim for two years has been that Beth Bentley vanished from near the Centralia (Ill.) Amtrak station on Sunday, May 23, 2010, about 6:00PM. Supposedly, no one has heard from or seen Beth since.

Wyatt apparently told the Woodstock Police that she did not have contact with Beth on May 25, two days later. Or did she tell them two days later that she hadn't had contact with Beth (since when?)?

Will the prosecutors be good enough not to confuse the jury?

Some people continue to make a big deal out of there being no record that Beth ever boarded the northbound train for Chicago. So what? Just because somebody gets dropped off near a train station doesn't mean that they intended to take the train.

But did Wyatt tell police, say on May 25, 2010, that Beth did intend to take the train? Or was she vague enough, even then, that police and others jumped to the conclusion that Beth had taken the train?


This was a red herring right from the beginning. How many people went on the wild goose chase to the Chicago Amtrak station to put up fliers? Who really thinks now that Beth would arrive in downtown Chicago on a Sunday night, dressed as described, and hoof it over to Ogilvie Station? Wyatt called me on June 10 and told me that Beth never intended to take a train and that she never intended to spend the whole week-end in Mount Vernon with Wyatt and the Ridge brothers.

Why would Beth leave the rental car in Jenn's possession, knowing (or perhaps not knowing) that Jenn did not have a valid driver's license?

What did Beth plan to do that week-end? There is no doubt in my mind that Wyatt knew, and knows, what Beth's plans were for the week-end.

Were they even in Mount Vernon? Maybe only three people know, for sure. 1. Jenn Wyatt. 2. Ryan Ridge. 3. Nathan Ridge.

The count now? Beth Bentley has been missing for 102 weeks.

5 comments:

Ray said...

You ask why doesn't the judge just "set it for trial" in two weeks ...

Let's see if I can get you to the answer. How many felony judges do we have? Answer (2). How many trials could they do in a year? Answer maybe 100 (and that would be generous because felony trials take longer).

How many felonies in a year in McHenry County? Answer 1350 case numbers, and many case numbers contain more than one felony charge.

So, if we follow your plan, and we realize that a defendant may make a demand for a trial to be tried in 160 days or be dismissed. What will happen?

Answer: 1250 felons will be dismissed from the system (each and every year) because of your suggestion. I didn't realize you were that liberal. I hope that makes you stop suggesting your "two week" idea (but I am confident it won't for reasons that are obvious to anyone who reads this blog) ...

Also, I would like to complain because the "two week rule" was my idea, although for a different reason ... I suggested it so that it would decrease the number of charges filed and make for a ton more fun for me (imagine I have to work on one case --while the state's attorney has to cover 25 possible cases going to trial)...

Either way, now you know the secret of how to crash the system. If five or so criminal defense attorneys got together along with the Public Defenders Office they could effectively shut down the McHenry County Court system.

Gus said...

On the other hand, if the judges told the attorneys to cut out all the B.S. and stick to the facts, maybe trials would take 1-2 days. Also, if the judges cut out all the excuses (continuances), they'd have much more time for real judge-work (trials).

The foolishness that goes on daily in oourtrooms is just plain stupid. Why a judge's time has to be taken up with a routine continuance that could be handled by his staff, if it is agreed to by both sides, is beyond me.

And why the individual warnings? Ex., about trials in absentia.

Why not do it the way one traffic judge does, for pleas? He tells everybody in the courtroom one time, instead of each defendant individually. Of course, it would be nice if he spoke loudly, clearly and more slowly, so that everyone could hear and understand.

Dave Labuz said...

See your point, Ray.

Yet all the same, I see Gus' as well.

Granted, I'm neither an attorney nor a Judge. Yet, I can't believe the amount of crap (continuances) that the Judges put up with.

Apparently, Judges love crap.

Maybe I'm wrong, but if as a Judge I decide to eat a lot of crap, or continue to be certain to retain friendships with my former colleagues of the defense bar and ensure smooth sailing at cocktail parties, I'm certainly able to reduce my docket, as long as I'm prepared to eat lots of crap and cold chicken.

MMMMmmmmmmmmm!

Dave Labuz said...

Boo-Hoo!

Poor Jenn!

The truth shall set you free!

And apparently the tax-payers AND the justice system.

Our Judges could have had a diet much less heavily based on crap sandwiches.

Ray said...

If judges told lawyers to avoid the "b.s." felony trials would take 1 or 2 days? Are you out of your freaking mind? That makes no sense and you have not explained why that is true.

I have this guy in my neighborhood who keeps yapping about the Constitution and his right to everything therein ... how do you think he would react if he was charged with felony obstruction of justice and the judge didn't let him put on all of his evidence because some other guy suggested that felony trials only last two days.

Wait ... both of those guys is you.....!!!!!!

Do you see how it is to be me? Always the 4th grade teacher,...I'd always hoped to teach college...Oh well.

Second Point: You completely avoided the point about how we only have two judges so that they are limited in the number of trials they can do ... Boy is it hard to get you to focus on anything.

LETS TAKE YOUR EXAMPLE mmmmK? You have 2 judges and about 250 working days for the court. 500 judge/days so by YOUR thinking ;) you could have 250 trials, right? Have someone else help you with the math... that would leave 1,100 people who got their case dismissed, right? And that strikes you as ok? Why?

Third point, why do judges take up their time with continuances? You would have to ask them. I don't know. Frankly the list of things I don't understand about why our judges do what the do would fill a book bigger than the bible.

Fourth point, why the warnings? Because the law requires that a judge admonish the defendant in certain ways on certain occasions.

Fifth point, why not do it like the traffic court does ... Well the reason that traffic court admonitions are shorter is because the judge can do fewer things to people charged with petty offenses, the list of sentences that a judge could hand out for all the different felonies would easily take three hours to read.

The part of your writing that bothers me the most is that your arguments are diffused by the fact that they make no sense. And you avoid things when you write.

On the one hand you say let's have shorter trials and on the other you bitch about some lady who didn't get her full day in court ... pick a side Gus ... otherwise it appears you are just complaining to complain.