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  • What should be done with Bob?


    • Total voters
      0
    • Poll closed .

    Kirk Freeman

    Grandmaster
    Rating - 100%
    9   0   0
    Mar 9, 2008
    48,025
    113
    Lafayette, Indiana
    Full stop. Once "I want an attorney" comes out of Bob's mouth, that's all.

    It is rarely in your best interest to say anything.

    At trial it depends on how strong the state's case is. If weak, say nothing.

    If the defense is Duress, Necessity, Self-Defense, Accident, Mistake of Fact, likely the jury will want to hear from the Defendant.

    Your question is "how does doctor-patient privilege operate"?
     

    Bill of Rights

    Cogito, ergo porto.
    Site Supporter
    Rating - 100%
    7   0   0
    Apr 26, 2008
    18,096
    77
    Where's the bacon?
    According to Miranda, you have the right to remain silent, in keeping with your Fifth Amendment-protected right to not incriminate yourself. He has the right to never speak a word, as I understand it. Now... When you're sitting at the defendant's table and the prosecution has given motive, method, and opportunity, if you have a story that is exculpatory, i.e. "Your Honor, I could not have killed either Joe or Wendy because they were alive on Monday when I left for Salt Lake City and reported dead at 4 PM today by the neighbors. My plane didn't land until 4:30 PM. I was not anywhere in the state when they were found to be deceased.", it's probably to your benefit to report those facts.

    I suppose it's possible that Bob got home right after Joe and Wendy killed each other. He might have thought kindly of her and washed her hand to remove GSR from it. He would likewise have moved his own pistol, but could possibly have thought better of it, since the .45 slugs would have been obvious. As for the .38, maybe having washed her hands, he removed it also, but again, realized it would be known that there was one there.

    Alternatively, he could have gotten home, found Joe there, hung over, and considered him an intruder. Wendy might have been in a bad relationship (maybe) and now found a sugar daddy... If he got sent to jail for X years, she would have a place to live, but it backfired on her and instead, she died in the process.
    If Joe was just getting up, I don't see how he could have fired downward (slightly) at an angle to put the .45 round in the floor after it killed Wendy, and still been under the blanket when Bob shot and killed him through the window.


    Either that or it was Mr. Green in the hall with the pistol. ;)

    Blessings,
    Bill
     

    Fletch

    Grandmaster
    Rating - 0%
    0   0   0
    Jun 19, 2008
    6,379
    48
    Oklahoma
    Full stop. Once "I want an attorney" comes out of Bob's mouth, that's all.

    It is rarely in your best interest to say anything.

    At trial it depends on how strong the state's case is. If weak, say nothing.

    If the defense is Duress, Necessity, Self-Defense, Accident, Mistake of Fact, likely the jury will want to hear from the Defendant.

    :yesway:

    Your question is "how does doctor-patient privilege operate"?
    Yeah, pretty much. I'm wondering when that line is crossed where the doctor is no longer bound by confidentiality, but instead bound by duty to the law enforcement process.
     

    mmills50

    Sharpshooter
    Rating - 100%
    4   0   0
    Jan 26, 2011
    553
    18
    Haven't read past page 3 yet but

    " looks like Wendy was caught between a rock and *puts on sunglasses* a hard - (place)":cool::naughty: yaaaaaaaa
     

    Fletch

    Grandmaster
    Rating - 0%
    0   0   0
    Jun 19, 2008
    6,379
    48
    Oklahoma
    I wanted to post a few thoughts before wrapping this up.

    First, as I've said, this was one of those incredibly vivid, realistic dreams that leaves you confused about reality when you wake up. As some have guessed, in the dream I was playing the role of Bob. It took me about an hour after waking up to realize that I was not in fact going to be arrested.

    At the end of the event, the police arrived, and all I could think of was remaining silent and asking for an attorney. At first, I had that moment of "well, just tell your side of the story, and it'll all be OK". Then I had a moment of amazing clarity, where I could see all of the physical evidence, and how it might be used to construct a different narrative. So I resolved to remain silent.

    The experience was also instructive in that it showed me how perfectly reasonable actions and chains of events can result in bizarre-seeming final physical evidence.

    After waking up and still having all of that info at hand, I thought it might be fun to see what other people would in fact make of the physical evidence, and thus the idea for this thread. I have learned a lot, in practical terms, and have definitely stiffened my resolve, should I ever be caught in a shooting situation, to ask for an attorney and clam the hell up.

    I'd like to thank everyone for participating, especially Kirk, who really drove the point home and was extra entertaining to boot.
     

    Fletch

    Grandmaster
    Rating - 0%
    0   0   0
    Jun 19, 2008
    6,379
    48
    Oklahoma
    Here then, is Bob's story:

    I met Wendy at one of the parties the guys next door throw every weekend. Nice kid, last week she told me she needed a place to stay. Something about her roommates bailing on her and making it so she couldn't keep the place. I told her she could crash in my spare bedroom until she found a permanent situation. Besides, I was due in Salt Lake City for a week on business, so I wasn't even going to be around after Monday morning.

    She moved a few things in, I helped her put her other stuff in storage, we hung out for a day, then I left. Didn't think to lock my gun up, been living alone for years. Came back and in the back door, up the stairs to my room. I tossed my suitcase and cell phone on the bed, hadn't even started to unpack when she came in.

    She was acting all nervous and skittish, and I asked her what was going on. All she'd say was "he's here". I had no idea who "he" was, but when she turned away from me I saw a bruise on the back of her neck, and assumed it was a bad boyfriend or something.

    I went over to my desk and opened the box where I keep my gun, and it wasn't there. I was all "what the...?" and she says "he has it". Now I'm getting a little scared, pissed that someone's in my house with my gun, and start trying to figure out what we're going to do.

    As I'm walking downstairs and into the living room, she starts fishing in her purse and pulls out this ****ty old .38. "Take this" she says, and fumbles it into my hands. It's a piece of crap, and the cylinder will barely lock up, but now I'm armed and don't feel like leaving my own house. So I figure I might be able to get the drop on him, whoever he is, and just get him the hell out.

    We go to the spare room, and he's waking up. Sees me, yells, and sits up. I've got the .38 trained on him, and he's slowly moving like he's going to get out of bed. Then he pulls the sheet to the side and uncovers my gun. I get an adrenaline rush, fire, and miss. He's pulling the gun out of the holster, she's grabbing at his arms and begging him to just leave. I run out of the room and yell for her to follow me, but she's in hysterics at this point.

    I take cover behind the half-wall, he fires a shot at me, and just hits the wall. He's acting like he's still half-asleep. I start taking shots at him through the glass, and I know I'm hitting but for some reason he's not stopping.

    He shoots again, hits the wall again, and I'm telling him to stop and her to get out. I change position to throw his aim, just in case he's about to get a bead on me through the window. She's still going crazy, clawing at his arms and trying to get him to stop, but he's just so big it's like she's not even there. He suddenly gets irritated with her, says "Shut up, *****!", and puts the gun to her chest and pulls the trigger.

    I line up my last couple of shots, knowing I'm going to have to bail once the gun is empty, and take my time squeezing the trigger, this time through a new pane of glass. The last shot seems to stop him, and he just kind of slumps over and drops the gun.

    I want to check on her, so since he's not moving I go into the room, get my gun, and cover him. She's pretty clearly dead, but at this point I don't want to trust that he is, so I just get over by the door and keep him covered until I hear the sirens. When the cops are outside and coming in, I put the gun down next to the other one because I don't want to get shot, and I sit down outside the room to let them do their jobs.

    Having the advantage of the omniscient point of view, I can also talk about Wendy's character in ways that make her more understandable: She's basically a naive person who got involved with a bad dude. She broke it off with him, but he persisted in harassing her. At some point she decided to get a gun, and did so through shady channels, but she really didn't have the resolve to use it -- she was still fighting her Pollyanna instincts about the way the world worked. That's why she handed it off to Bob.

    Any other questions about what motivated people, or how it came together at the end, and I'll do my best to answer them.
     

    Fletch

    Grandmaster
    Rating - 0%
    0   0   0
    Jun 19, 2008
    6,379
    48
    Oklahoma
    Congrats to JetGirl, who got closest on the motivations for the various actors, and J10, who was the only person to get most of the tactical situation correct, especially the part with how the Glock wound up where it did.
     

    J10

    Marksman
    Rating - 100%
    2   0   0
    Oct 3, 2010
    178
    16
    Morgan County
    Wow, that was an amazing dream.

    I want to thank you again. Your idea to post this up for everyone was fun. Getting to see how everyone (including myself) came up with different motives and ways of things playing out was really interesting.

    I hope you make a habit out of posting more of these kind of posts. I enjoyed it.

    Thanks Fletch!
     

    JetGirl

    Grandmaster
    Rating - 100%
    5   0   0
    May 7, 2008
    18,774
    83
    N/E Corner
    I hope you make a habit out of posting more of these kind of posts. I enjoyed it.

    Ditto. Fletch has an awesome imagination and a talent for weaving words together in a way that just tickles your brain.
    And he better remember I said that when he's writing the dedication page for his first book! :D
     
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