Comments by digitaltwister
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Posted on December 11 at 4:42 p.m.
We are now on the cusp of the trials beginning on Dec 17 with initial motions from the defense. Let's hope that justice prevails with the proceedings.
Digi
Posted on August 31 at 9:47 a.m.
(This comment was removed by the site staff.)
Posted on August 28 at 11:39 a.m.
To get a clearer understanding here are the actual rulings from the Supreme Court:
http://www.kscourts.org/Cases-and-Opinio...
Posted on August 26 at 11:31 a.m.
I wrote my last comment after speaking with a few people that could inform us of the "schedule" of the forthcoming proccedings.
Emporialife, you hit the nail on the head, "We are way too quick to forget the Victim(s) in these cases." Not only Mary, but the entire family of Mary. WE must live on and protect those in our family that need protecting. It is difficult, to have to face the "monster" again.
Jayhawker:
"It seems that many decisions emanating from our courthouse have been incompetently made." The prosecution and the judges instructions, were the best that could be made under the prevailing law at the time. Now, with this recent decision by the KS Supreme Court, the rules have changed.
May I remind everyone that there have been a few decisions that have gone to the US Supreme Court and are now law of the land.
1. The Block License for contractors. This started in Emporia maybe 25 years ago. I knew the parties involved and this did go to the Supreme Court. A decision was handed down and now it is accepted throughout the US as a defacto standard.
2. Remember the firefighters being on call without pay? That also went to the US Supreme Court and was found in favor of the firefighters. What is it? If you are on call and have to stay by your phone, you get 50% of your pay? Something like that.
The point is that some decisions that effect everyone in the US originated in Emporia KS. This could be a test case that definitively defines the use of expert witnesses in trials. Eliminating the need for retrial and taxpayer expense.
My personal feelings at this point are, "Don't shoot the messenger or the piano player." They did their job to the best of their ability with the rules that were prevelant at the time.
Take a deep breath, as we are now. Don't let yourself have a knee jerk reaction. Look at the overall picture and hopefully, when all is said and done, we will see a positive outcome for the justice system.
DigitalTwister
Posted on August 26 at 11:02 a.m.
Needless to say when we found this out we were shocked, not by the retrial, but the reasons that are cited for the action.
This has set a precedent, not only for the state of Kansas, but for the rest of the the US. This literally means that anyone in any state can cite this decision and have expert witness testimony barred from a trial because it may be "prejudicial".
We went through this 4 years ago and now it starts again.
Maybe the KS Supreme Court doesn't realize how difficult it is to put ones life back together after something like this happens.
Oh, well, round 2. As was stated by the dissenting judges though, "The dissent noted that there was more than sufficient evidence to sustain a conviction."
We shall see.
Thanks to all that have supported us over these years.
DigitalTwister
Posted on October 1 at 7:28 a.m.
To set the record straight about some misconceptions surrounding Mary Clark, I will just say this. Mollie Paico testified in court about her physical participation in the the final death blows to Mary Clark, it is a matter of public record. Here short sentence was a deal that was struck to get the others involved. Is this just? Not by a long shot! But sometimes to serve justice, things are done that do not make the surviving family members or the general public happy. It was a choice, get one and have the rest at large to possibly do more damage to Emporia, or get them all and protect the general public.
The agency that hired the HH Worker failed miserably and has over the years constructed the corporate layers in a way to make it extremely difficult to prosecute in a civil manner. As far as I know, Home Team of Kansas continues to this day as if nothing has happened. Soon after Mary Clarks murder, they opened an office in Atchison within about 2 blocks of a "high rise" full of disabled people to collect their paycheck by being in their conflicting words, Paymasters for the HH worker. Whether they still have an office there, I don't know.
As for this incident, the victim did what she did because she was in fear for her life. It is that simple. People in Emporia that know the victim IMMEDIATELY knew something was wrong and took appropriate actions.
Don't knock the case workers here, EVER!
My praise to the Emporia Police Department and the Lyon County Attorney's office for the understanding manner with which they handled the overall investigation with regards to the victim and what she had been through 3 short years ago.
For now, let the wheels of justice turn and bring hopefully a guilty conviction that carries with it prison time.
You see, I am Mary Clark's son-in-law and the victim's brother-in-law.
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Posted on January 29 at 10:41 a.m.
Oh really, people change in 5 years? It is not on the Kansas Offender site anymore, but the list of offenses she had while there was quite impressive I must say. She was very busy trying to get over on the system. Not the actions of someone that is supposedly innocent and acting accordingly to prove it. As for 5 years, I must endure what she did for the rest of my life, and there is no doubt in my mind that she was an active participant in the murder. Regardless of what the courts ruled, how they did or did not handle any evidence, there is always the court of public opinion. A person like Marcy will at some point in here life get the size 12 of Karma.
On Change of venue granted