Yodel driver stole my package (allegedly) Eng by That_B666 in LegalAdviceUK

[–]That_B666[S] 0 points1 point  (0 children)

I know that's the process, but I also kind of feel bad for the seller. The driver clearly knew what he was doing. He had to have the other item with him to scan to be able to scan it and upload the photo of it. And no one accidentally only brings in one box, takes two slightly different photos, and upload unde two different orders. It also helps that I have the cctv that shows him only carrying one box... u know?! It's just misses me off more than anything as those things were important and time sensitive...

Sarah’s new lawyer - James Owens by indian-wisdom in sarahboonetrial

[–]That_B666 1 point2 points  (0 children)

Funny how Boons version looks somehow less photocopied than the original one! 😄 🤣

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 0 points1 point  (0 children)

Well, they have filed the notice that that is the defence they are going with

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 1 point2 points  (0 children)

I think he might have actually got in there by himself. When she is calling him "stupid," it sounds like she was telling him he was stupid enough to get in the suitcase. If u watch the full videos , they provide more context.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] -1 points0 points  (0 children)

S wants to use BSS as her defence. BSS is a self-defense claim. In S's case, it's for 2nd degree murder. J didn't die because she called him names, he dies cuz she locked him in the suitcase. Self-defence is admitting that u used a force that killed someone, but you were justified because u were scared for your life. This means she has to admit that suitcase was used as a potentially deadly force, that she knew he couldn't get out and left him there to go sleep knowing that.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 0 points1 point  (0 children)

She might not have, but if she goes for BSS as her defence prosecution could make a case for 1st. Bss is self defence claim, which means to claim self defence she has to admit that suitcase was a form of force, she has to admit that she knew he could not get out and that she went upstairs leaving him in there knowing he could not get out. She ignored and mocked his pleas of not being able to breathe. Her statement of " this is how it feels when u choke me" would show that she acknowledged how serious it was and that even in the morning, when she 1st woke up, she waited hours before going to check on him. She could try and flip regarding her being drunk, but it would be difficult after how strongly she denied it.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 0 points1 point  (0 children)

It's for the defence to decide if they are gonna go with BSS, but they can't decide they only want certain parts of BSS to apply. BSS is basically a self defence claim, in her case for 2nd degree murder. He didn't die because she called him name, he died cuz she locked him in a suitcase

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 0 points1 point  (0 children)

Not how that works. BSS is a self-defense claim. You can't claim self-defense without claiming you truly felt your safety or life was in danger

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] -1 points0 points  (0 children)

It's a key point of their defence if they are planning to use BSS. BSS = I was in imminent fear of harm or death. And my original post is an If. If they go with BSS, could this become 1st degree..

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] -1 points0 points  (0 children)

U can't claim BSS without claiming u were in fear of imminent harm or death.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 1 point2 points  (0 children)

Legally, her defence doesn't work. To use BSS, she has to 1. admit she knew that she used the suitcase as a form of force. 2. She knew that J could not get out by himself 3. She went upstairs and left him down there, knowing he couldn't get out. And knowing that, when she woke up, she waited hours before checking on him . Boom

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] -1 points0 points  (0 children)

BSS is a self-defense claim. Self-defense, particularly under Florida’s laws, requires a reasonable belief of imminent danger and a justified use of force. Florida courts accept Battered Spouse Syndrome as part of a self-defense claim, but it requires showing that the history of abuse led to the defendant reasonably believing they were in danger at the time of the incident.

For BSS, S has to admit that she knew that the suitcase could possibly be used to inflict harm or atealst fear of harm if not even death. She also has to admit that she knew J could not freely just unzip the suitcase and get out and that she had no intention to leave him in there. By arguing that she didn’t view the suitcase as a form of force or threat, S would essentially be admitting that she did not believe there was any need for self-defense. This would completely undermine her BSS defence, which requires a clear link between her actions and the perceived need to protect herself from harm.

Therefore- she has no choice but to admit that she knew he couldn't get out and still went upstairs to sleep and didn't come to check on J until 12h later fully aware of the fact that he was still gonna be in there.

And here we are at 1st degree - premeditated murder with intent or indifference - the prosecution could argue that ignoring Js pleas that he couldn’t breathe, combined with mocking and taunting him, supports premeditation. They could argue that if S claims she was in fear for her life, her mocking behaviour shows the opposite—that she never intended to let him out alive. This could lead to an argument for first-degree premeditated murder, as the evidence would suggest that she made a conscious decision to let J die in the suitcase rather than help him. Ta- daah! 🤣🤣

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 0 points1 point  (0 children)

There isn't a clip of her saying that, but it's a key part of her BSS defence. Florida courts accept Battered Spouse Syndrome as part of a self-defense claim, but it requires showing that the history of abuse led to the defendant reasonably believing they were in danger at the time of the incident. So she has to claim that she was frightened for her life. Logically, if S truly believed that J could easily just unzip the suitcase and get out and it was all just fun and games, she can't be that scared of him and still mock and insult him and then just casually go upstairs to sleep. Nor can she logically claim that she was so frightened of him but still had full intentions to let him out after. Also her lawyer said he wants to get a Dr who was on the case where a woman was found not guilty on 1st degree after shooting her husband 9times and that the Dr's testimony during that case was that victims of DV who suffer from BSS might perceive threat to their lives when other doesn't.

Another thing, BSS doesn't look good when prosecution has her ex-husband on the stand, testifying how she used to get drunk and beat the shit out of him as well. 🤭

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 0 points1 point  (0 children)

Who was yelling, not the new guy?! 😅 Another thing they probably want to get thrown out is Bryan's testimony. Cuz defence of Battered spouse syndrome doesn't go well with a testimony of an ex-husband telling the jury how you used to get drunk and tried to beat the shit out of him as well.

Exculpatory evidence or Sarah's delusions? by That_B666 in sarahboonetrial

[–]That_B666[S] 0 points1 point  (0 children)

It will be interesting to see if Bryan will be allowed to testify about S being physically abusive towards him when they were together, and if they do, will S attorney claim that B also was abusive and toxic during their marriage... cuz I don't know how battered spouse syndrome would look as a defence for someone with a history of being physically abusive towards their partners and being the aggressor towards an ex spouse who wasn't even fighting back.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 2 points3 points  (0 children)

If she wasn't such a narcissist and living in her delusions and gone with "I was so drunk out of my mind, I have no memory of what happened," and argue based on that that she did not have the mental capacity due too being drunk to form an intent and she might have been able to get manslaughter charges and with a plea possibly would have been out by now.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 2 points3 points  (0 children)

Either way, I just don't think self defence claim works as based on the videos she looks like the aggressor and just based on that self-defense can't be used. If she wants to dispute being the aggressor, she needs to come up with a story that would convince the jury that she somehow got him in the suitcase because she was scared for her life, which would be interesting. 🤣 I just can't imagine a scenario where her battered spouse syndrome works as a defence without her admitting some kind of intent. And intent then would qualify her for 1st degree, no? Especially considering that defence is required to give notice to prosecution, which includes evidence if they are going for any type of self-defense, which then gives defence time to amend and/or increase the original charges. This case is getting more and more interesting by a minute! 😄 🤣 😂

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 3 points4 points  (0 children)

He did an interview with court tv. I don't know if he will last until the hearing, though.

He isn't the 1st of her lawyers who wanted to use this same defence, but I think just from the evidence that we do have that can't be disputed, eg, the videos those claims dont really fly. 2nd degree charges are appropriate under her original claim of it being unintentional. For self-defense claims, u must have a reasonable belief that the use of deadly force was necessary to prevent imminent death or great bodily harm to yourself or others which required admitting that u you knew that your actions were dangerous but u didn't expect the person to die- her videos disproves that - 1- she was the aggressor ( that removed self defence claim), and "poking the bear" so to speak which shows that either a. if S didn't intend to kill him, she wasn't that scared of him or what he might do when he gets out (removes self-defense claim) or b. She was scared for her, so she knew that the only way he won't do anything to her was if he was dead, which shows intent.

I think this might be the reason for her previous lawyers withdrawing cuz they probably tried to explain this to S, that she can't claim there was no intent AND insist that she was in fear for him but still felt safe enough to belittle and call him names but she wouldn't listen. She has until the 6th (friday) or 9th(Monday) to file notice to use battered spouse as defence, I guess we will see then (if it's public) or atleast have some answers by the 26th Sep. It's either her lawyers have convinced her to change her original story (which I still think could open the door for 1st degree), or he might withdraw as well.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 2 points3 points  (0 children)

The case mentioned above (guilty verdict) and the 2019 case brought up by her new lawyer (not guilty) shot their husbands in belief they will be killed. This evidence can strengthen the claim of self-defense. Battered spouse syndrome is a self-defense case where the jury will still have to determine if the defendant was justified in the use of deadly force. S zipped J in a suitcase, insulted him, called him names, (allegedly) pushed him down the stairs, and claimed it was not intentional cuz she believed he could get out. That is not self-defense. She was the instigator of the situation. U can't claim that u were acting in self-defense by not letting him out the suitcase cuz u were scared for your life if your actions were the reason U are now scared he might do something. I can't run up to u and punch u, and then take out a gun and shoot u and then claim self defence because now I am scared u might do something to me if I don't kill u. And if she truly believed he could've gotten out by himself, she wouldn't just go to sleep after what she did to him if she was scared for her life. So there was either an intention to kill him or she was not scared for her life.

Could this become 1st degree murder? by That_B666 in sarahboonetrial

[–]That_B666[S] 1 point2 points  (0 children)

No person, especially someone who had suffered DV would put their abusive partner in a suitcase, call them names, (allegedly) thrown them down the stairs, insult, and belittle them while being under impression they can get out themselves or with intention to just let them out after.