Find definitive evidence directly linking

Reference no: EM133728727

Question: I do not believe the prosecution overcharged the case. I believe the six charges were valid as they met the criminal elements of a criminal act, intent, and concurrence of the two. Additionally, the six charges only encompass the crimes involved. Though one could argue that the murder charges come with enough time to satisfy the intent of the state, it's never a foregone conclusion that the prosecution will win the case. Omitting the grand theft and grand theft by deception charges could have led to Mrs. Daybell not serving any time or owing restitution.

Though it was difficult to find definitive evidence directly linking Mrs. Daybell to the murders of her children, the hair found on the duct tape used in the murder of JJ gives me cause to believe she was a party to the murder of her son. Given the proximity of JJ's body to his brother Tylee, she must have known about both murders. Additionally, being a parent means you have duty to act based on special relationship. As such, Mrs. Daybell was obligated to report her children missing.

I am confident that Mrs. Daybell was present for the killing of her children, and because she has a duty to act, she is guilty whether she acted alone or with her husband. Mrs. Daybell was found unfit for trial, but that was later reversed. I believe she was fit for trial. Though her beliefs are not common, they are not those of an insane person. Her act of murder because of her beliefs is no different than a person of a more common faith murdering a person with an opposing religion.

Admittedly, I found limited information directly linking Mr. and Mrs. Daybell directly to the murders, but the couple deliberately obstructed the investigation, concealed the whereabouts of their missing children, and alluded to a religious reason the children were essentially without help in this life.

The deaths of JJ and Tylee are incredibly disturbing and though the prosecutor has to prove beyond a reasonable doubt that it was in fact Mr. and Mrs. Daybell, I haven't read anything that shows it could've been anyone else, but them.

Reference no: EM133728727

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