lectlaw.com wrote:PREMEDITATION: With planning or deliberation. The amount of time needed for premeditation regarding an act depends on the person and the circumstances. It must be long enough, after forming the intent to act, for the person to have been fully conscious of the intent and to have considered the act.
A design formed to commit a crime or to do some other thing before it is done.
Premeditation differs essentially from will, which constitutes the crime, because it supposes besides an actual will, a deliberation and a continued persistence which indicate more perversity. The preparation of arms or other instruments required for the execution of the crime, are indications of a premeditation, but are not absolute proof of it, as these preparations may have been intended for other purposes, and then suddenly changed to the performance of the criminal act. Murder by poisoning must of necessity be done with premeditation.
dmac wrote:Med Tape Premed (and other factors) Sat Dec 04, 2010 2:48 pm
A rough estimation of the amount of tape used on Johnny, Sue, and Dana is 202", or 16.83 feet.
Back then, and even now, the common length for rolls of household medical tape was 5 yards, or fifteen feet. 180 inches. That means more than one standard roll of tape was already used inside of cabin 28, not counting the fact I underestimated and did not take into account the tape used on Sue's mouth as part of the gag.Summation:
We have a crime that began so late at night, the very timeframe is an indicator of intent of something. You don't ask for a cup of sugar at that hour, do you? So, going to Cabin 28 that late means you had something in or on your mind. The term "premeditation" doesn't come into play until an actual crime is plotted or intended, and 'drunk and disorderly' and 'trespassing' don't exactly match that horrid level of intent.
Next is the fact more tape was used to bind them than can be easily explained away. Unless Sue had multiple rolls of medical tape handy (since taping and gagging was done before much, if any, blood had been spilled), it was brought to the cabin. In rural areas, you're not very useful unless you carry a pocketknife, so claims of pocketknives mean nothing towards premeditation in this case. But who carries around medical tape? THAT would definitely match the definition of premeditation of a greater crime.
There was a degree of intent that something unpleasant was going to happen in Cabin 28 that night. The perps did not go there with roses and candy in mind. The main questions from this post / thread are:Was there enough intent of a crime to constitute premeditation, and to what end?
Was the tape brought with them?
Was weapon #4 brought with them?
Timeline A wrote:810412-0000a Justin purports to have a dream, which he describes the two suspects having a fight with Johnny and Dana. He says one suspect took tape from his right pocket, and one of the suspects called Mrs. Sharp “Sue.” (sometime during the night)
PCSO to FBI wrote:The electrical cord used to tie up the victims was cut from appliances in the Sharp's residence where they were murdered. The electrical tape used on the victims is not known by surviving children to have been in the house prior to the murders and may have been brought by the murderers but this is unsubstantiated.
Hypnotist, to Justin wrote:
Psych: Sheriff Thomas did ask me to talk to you about a couple of more things, and I agree it would be important to have you talk about these things in a little bit of detail. I would like to go back on this tape to the point of which these, uh, two men are having a fight. I would like you to tell me just what you see them doing as we look at the tape. And you describe just what you see them doing, what kind of fight, what happened to Johnny and Dana and the mother.
Psych: The mom gets cut in the chest. And what does she get cut with?
Psych: With a knife? Suppose we zoom in real close on that, okay? Real close on that. And I'd like you, please, to describe just everything that you see about her getting cut with the knife.
Psych: Mm, mm. Do you see the pocket knife there?
Psych: Now, let's zoom in real tight, get a real close-up shot and take a good long look at that pocket knife, and describe everything about it that you see.
Psych: Some other gadgets on it? Mmm, mm. What other gadgets do you see on that pocket knife?
Psych: And scissors, okay. A spoon and a fork. And does that knife have any kind of writing on it?...Any kind of symbol?...or sign on it?
Psych: Who's holding that knife or who's using that knife?...The man in the black hair. Now I'd like you to zoom in and focus in and tell me just what he's doing with that knife.
PCSO, reporting on an interview with Marilyn held 4.21.81, wrote:She said she had first aid tape and masking tape in her house.
Marderer, during the interview with DOJ, wrote:"Well, I changed and I called the guy at the bat and told him, I said you just lost several customers over lettin' somebody switch the music and he says, well, he, you now, he, the bartender was concerned, don't be mad at me, come on back down, ya know, so we went back down and show good faith that we weren't mad at him. But we must have got back down there, oh, 1:15. We had about enough time to get one drink, before the bar closed."
DOJ: "What time do they normally close? 1:30 or 2:00?"
"Twoish on Saturday."
DOJ: "So you figure you got back there around 1:15 or 1:30?"
"1:15 or so. We had about enough time to drink one drink, which, about a half hour. Must have been, oh, I'd say 1:45 when we left there and started back up. And again, cuttin' up jackpots and talking."
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