Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

63splitwindow

(2,657 posts)
Mon Jun 13, 2016, 02:36 PM Jun 2016

Orlando shooter's current wife reportedly had knowledge of his intent...

" Orlando shooter Omar Mateen may have targeted Disney World as a potential site of attack, according to media reports.

People cites a federal law enforcement source who says the deceased shooter and his wife Noor Zahi Salman visited Orlando’s Walt Disney World in April.

Salman told law enforcement on Sunday, hours after the attack at Pulse, that Mateen had recently scouted both the nightclub and Downtown Disney as potential attack targets."

http://www.thewrap.com/orlando-shooter-omar-mateen-disney-world/

If true her prosecution should be for 50 counts of first degree murder, among other charges.

118 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Orlando shooter's current wife reportedly had knowledge of his intent... (Original Post) 63splitwindow Jun 2016 OP
And she's not in jail because? vdogg Jun 2016 #1
IF - don't assume that in her interviews she told them that she knew. Yo_Mama Jun 2016 #65
This is a pretty serious charge to lob LoverOfLiberty Jun 2016 #100
From the FBI vdogg Jun 2016 #107
because the meme that he acted alone without any community knowledge would no longer hold MariaThinks Jun 2016 #101
Widow, I think, not current wife 6chars Jun 2016 #2
Did he have a current wife and ex-wife? JonathanRackham Jun 2016 #4
Yes Blue_Adept Jun 2016 #28
True... 63splitwindow Jun 2016 #5
The ex wife that apparently didn't report his domestic violence to the police. AtheistCrusader Jun 2016 #13
Because we know how seriously the police often treat domestic violence Blue_Adept Jun 2016 #30
Exactly.... Silver_Witch Jun 2016 #37
His ex-wife from New Jersey was with him 8 years ago, only about 4 months appalachiablue Jun 2016 #33
A misdemeanor DV conviction is forever. AtheistCrusader Jun 2016 #44
That's wonderful like Hindsight is 20/20. How was a frightened, 19 year old appalachiablue Jun 2016 #63
I don't care how old she was. AtheistCrusader Jun 2016 #88
Given your experience and steadfast solutions to the problems I think you appalachiablue Jun 2016 #93
Jesus Dorian Gray Jun 2016 #94
If you read the person's full account of their own experience appalachiablue Jun 2016 #95
+100 Duppers Jun 2016 #96
I am not a public speaker. AtheistCrusader Jun 2016 #98
Good for you, that's wonderful and a great service. All the best in life and work. appalachiablue Jun 2016 #99
You are right and courageous. MariaThinks Jun 2016 #102
Not attacking here GulfCoast66 Jun 2016 #70
No. AtheistCrusader Jun 2016 #73
Ok. GulfCoast66 Jun 2016 #74
It's not irrelevant. It's a missed opportunity. AtheistCrusader Jun 2016 #85
Didn't Disney step up their security some years ago? JonathanRackham Jun 2016 #3
More so in the past year Carly Jun 2016 #11
Yes, but. AtheistCrusader Jun 2016 #15
It says Downtown Disney. kimmylavin Jun 2016 #17
In DisneyLand they screen everyone going to Downtown Disney now. PeaceNikki Jun 2016 #25
When Did This Start? SoCalMusicLover Jun 2016 #26
Not sure, I was there in January for the Star Wars marathon weekend. PeaceNikki Jun 2016 #40
they screen at the parks but not downtown disney Takket Jun 2016 #62
In California at Disneyland's Downtown Disney they do screen now PeaceNikki Jun 2016 #64
Exactly, no security at Down Town Disney.. It has theaters, restaurants, glowing Jun 2016 #27
In Disneyland they screen everyone going to Downtown Disney now. PeaceNikki Jun 2016 #41
Last time I was in Orlando, Downtown Disney is a rather open area with no security like that glowing Jun 2016 #67
I was there in February and they don't. Nye Bevan Jun 2016 #87
Sounds like Spring Training MLB Stadiums do a better job HockeyMom Jun 2016 #105
But Downtown Disney is really just a shopping mall. Nye Bevan Jun 2016 #106
If she knew... tallahasseedem Jun 2016 #6
It sounds to me as if this federal law enforcement source is assuming herding cats Jun 2016 #7
and what will you do if it turns out she did know? like so many did with the other radical islam MariaThinks Jun 2016 #103
I won't do anything. herding cats Jun 2016 #104
I'm not a lawyer jimlup Jun 2016 #8
Spousal Privilege bucolic_frolic Jun 2016 #12
That wouldn't prevent her from voluntarily contacting authorities to try to prevent an atrocity. WillowTree Jun 2016 #20
Privledge does not cover future crimes Travis_0004 Jun 2016 #78
So she helped him plan and kept the secrets, why is she not in jail? Bluenorthwest Jun 2016 #9
Do you know that she is not in custody? 63splitwindow Jun 2016 #10
Gee.......maybe they decided to collect the facts first. WillowTree Jun 2016 #21
I dont think there is any legal duty to stop a crime if you arent a cop. arely staircase Jun 2016 #14
Misprision of a Felony. AtheistCrusader Jun 2016 #16
Opinions would differ drastically... 63splitwindow Jun 2016 #18
True. All very early in the investigation too. AtheistCrusader Jun 2016 #19
"conceal" would seem to require overt action to keep it from being found out arely staircase Jun 2016 #24
Moral obligation, no question about it. closeupready Jun 2016 #35
This reminds me of the friends of Dylan Roof, the Charleston, SC appalachiablue Jun 2016 #36
This line from the original quote... 63splitwindow Jun 2016 #42
"having knowledge of the actual commission of a felony" jberryhill Jun 2016 #39
Sounds like conspiracy to me. AtheistCrusader Jun 2016 #45
It says "actual commission" jberryhill Jun 2016 #47
The statute for conspiracy defines that. AtheistCrusader Jun 2016 #56
I feel bad for your law school jberryhill Jun 2016 #57
I am not a lawyer and I do not play one on tv. AtheistCrusader Jun 2016 #60
She's not a conspirator unless she aided the action jberryhill Jun 2016 #66
Scoping out targets might make one a conspirator. AtheistCrusader Jun 2016 #68
Read the statute jberryhill Jun 2016 #69
Wait, you're saying that the act of helping to scope out possible places to prayin4rain Jun 2016 #71
She was in no way involved in what happened jberryhill Jun 2016 #75
Agreed. prayin4rain Jun 2016 #82
If you know that this was going happen GulfCoast66 Jun 2016 #72
Without at least one overt act, I don't think so. arely staircase Jun 2016 #89
What about the moral duty to save 49 innocent lives? n/t totodeinhere Jun 2016 #115
I have said that in this thread. nt arely staircase Jun 2016 #118
It's possilbe the wife didn't know at the time and twigged to the purpose after the shootings Fumesucker Jun 2016 #22
God, I can not believe the comments in this thread.. pangaia Jun 2016 #23
It's sickening really ck4829 Jun 2016 #79
Tsarnaev's Wife Was Never Charged Either SoCalMusicLover Jun 2016 #29
in fairness to her, I wonder what would have been done if she'd reported it renate Jun 2016 #31
The killer was frequently under FBI observation and questioning so she would not have had Bluenorthwest Jun 2016 #76
On the other hand... spinbaby Jun 2016 #112
I'm guessing that she thought that if she Ilsa Jun 2016 #32
Spouses aren't compelled to testify against each other. closeupready Jun 2016 #34
You are very, very confused... 63splitwindow Jun 2016 #38
If you know what "compelled" means, then you know I was saying closeupready Jun 2016 #46
The fact that she could not be compelled to testify against her husband... 63splitwindow Jun 2016 #50
Done here, thanks. closeupready Jun 2016 #51
I have no idea what you mean by the "legal level" jberryhill Jun 2016 #52
Read the post I was responding to... 63splitwindow Jun 2016 #53
I happen to be an attorney jberryhill Jun 2016 #55
Let me make this simple for you jberryhill Jun 2016 #58
Ok F Lee Bailey...... 63splitwindow Jun 2016 #59
Yes I read an unsourced piece of information jberryhill Jun 2016 #84
Who are you--- 63splitwindow Jun 2016 #86
He's a respected member of the bar who just took you msanthrope Jun 2016 #97
You carry his briefcase? nt 63splitwindow Jun 2016 #108
he is a scholar and a gentleman, he would offer to carry mine. nt msanthrope Jun 2016 #109
"Wife of Orlando shooter could soon face charges: source" 63splitwindow Jun 2016 #113
Disney would have been a different outcome. trumad Jun 2016 #43
Maybe she thought the NSA was going to stop him. Dark n Stormy Knight Jun 2016 #48
A few years back here in Michigan notadmblnd Jun 2016 #49
It's pretty much all silliness here jberryhill Jun 2016 #54
Or is it Clarence? 63splitwindow Jun 2016 #61
I read online that current wife has clammed up. HooptieWagon Jun 2016 #77
Can you remember (or figure out) where (at what site)? nt 63splitwindow Jun 2016 #80
I don't remember, but I'll make a quick search. HooptieWagon Jun 2016 #81
Here. Orlando Sentinal, about halfway down. HooptieWagon Jun 2016 #83
Thanks. 63splitwindow Jun 2016 #92
Even if she is wholly innocent of any possible crime whatever AtheistCrusader Jun 2016 #90
The latest news is that he visited the Pulse nightclub frequently over the past 3 years and he bjo59 Jun 2016 #91
Information today from CNN 63splitwindow Jun 2016 #110
Latest update... 63splitwindow Jun 2016 #111
Latest update... Mandos the Judge Jun 2016 #116
Latest update... 63splitwindow Jun 2016 #117
I bet she gets the death penalty if it turns out she had any planning involvement ButterflyBlood Jun 2016 #114

vdogg

(1,384 posts)
1. And she's not in jail because?
Mon Jun 13, 2016, 02:42 PM
Jun 2016

It's baffling how she could know all this and say nothing. At a minimum, this is providing material support to terrorists.

Yo_Mama

(8,303 posts)
65. IF - don't assume that in her interviews she told them that she knew.
Mon Jun 13, 2016, 06:57 PM
Jun 2016

In retrospect, she may be describing behavior that law enforcement may now assume, with hindsight, was casing other potential attack sites.

If my husband said "Let's take the kid to Disneyworld," even if his behavior when we were there struck me as odd, the last thing I would assume would be that he meant to shoot it up. Most Muslims would have the same baseline assumption.

Just because she is describing behavior that indicates this to the investigating officers doesn't mean that she knew before the shooting.

LoverOfLiberty

(1,438 posts)
100. This is a pretty serious charge to lob
Tue Jun 14, 2016, 11:54 AM
Jun 2016

I would hope and expect that there is some verification of the truth before tossing her in jail.

Blue_Adept

(6,399 posts)
28. Yes
Mon Jun 13, 2016, 04:51 PM
Jun 2016

He has an ex-wife who escaped his clutches a few years back and has talked about how abusive he was.

He has a child with his current wife, said child being 3 1/2 years old.

 

63splitwindow

(2,657 posts)
5. True...
Mon Jun 13, 2016, 02:46 PM
Jun 2016

meant to distinguish her from ex-wife he abused and who has been seen talking to the press.

AtheistCrusader

(33,982 posts)
13. The ex wife that apparently didn't report his domestic violence to the police.
Mon Jun 13, 2016, 03:54 PM
Jun 2016

This whole fucking mess is just getting more and more frustrating as the minutes tick by.

Blue_Adept

(6,399 posts)
30. Because we know how seriously the police often treat domestic violence
Mon Jun 13, 2016, 04:52 PM
Jun 2016

Probably about on par with how they treat rape kits

appalachiablue

(41,131 posts)
33. His ex-wife from New Jersey was with him 8 years ago, only about 4 months
Mon Jun 13, 2016, 05:09 PM
Jun 2016

before leaving because of his unstable moods and abuse and returning to her supportive family, according to the lengthy, 10 min. NBC interview she gave that I followed.

AtheistCrusader

(33,982 posts)
44. A misdemeanor DV conviction is forever.
Mon Jun 13, 2016, 05:40 PM
Jun 2016

No firearms. Rights would have to be manually petitioned from a court and reinstated by a judge.

A restraining order would do it too.

appalachiablue

(41,131 posts)
63. That's wonderful like Hindsight is 20/20. How was a frightened, 19 year old
Mon Jun 13, 2016, 06:53 PM
Jun 2016

wife of four months who escaped an abusive husband due to the fortunate rescue by her family, supposed to report the man to police, secure a restraining order and/or criminal record, when she was under fear of being harassed and beaten more and likely pursued by him. All so that the man would be blocked in future years from purchasing a lethal weapon to commit mass murder. And as is too often the case, even with a criminal record he could have obtained a mass weapon via personal contact or an unscrupulous money hungry seller. On the FBI watch list but Her responsibility? Unbelievable.

AtheistCrusader

(33,982 posts)
88. I don't care how old she was.
Tue Jun 14, 2016, 12:31 AM
Jun 2016

I was much younger than that the first time I was beaten unconscious by a family member. Your appeals to emotion are meaningless to me. I've been there too. I know what it's like, again, and again. I've regained consciousness, bleeding, in a puddle of urine. Thanks for asking. I know what it takes to endure, I know what it takes to escape, and I know what it takes to stand up and make sure no one else has to. It's not easy, and not every person can. And the judicial system fails people at every turn, when they try. I know all this.

That's why I didn't say it was 'her responsibility'. I said it was a missed opportunity. That's not a criticism of her, that's an indictment of ALL of us, because these legal mechanisms are a social construct. You me, everyone. And knowing something about predators like him, I know how precious few opportunities there are to sequester them away from their victims, present and future.


All so that the man would be blocked in future years from purchasing a lethal weapon to commit mass murder.


So fucking self-righteously dismissive. I asked, here and in other threads what more we can do to enable people like THAT victim to successfully come forward, so this shit down the line doesn't happen. These fucking monsters don't stop, until they are stopped. The law is a tool to do it, the array of protections for domestic violence victims are one tool, one opportunity to halt. a. monster.

All for naught if the opportunity is missed.


So, I ask again, what can we do to prevent this shit. What can we do to encourage victims to come forward. To prosecute, flag, perhaps even rehabilitate these monsters.

appalachiablue

(41,131 posts)
93. Given your experience and steadfast solutions to the problems I think you
Tue Jun 14, 2016, 01:54 AM
Jun 2016

must have authored books, given lectures and seminars, and worked as an advocate for victims and greater society to not miss any opportunities and seriously change public policy and law enforcement practices.

Dorian Gray

(13,493 posts)
94. Jesus
Tue Jun 14, 2016, 06:45 AM
Jun 2016

Is the snark in response to that post necessary?

The poster made it clear he/she didn't blame the ex wife. He/she bemoaned the missed opportunity and questioned what we could do as a society to make it easier for victims of domestic abuse to come forward. I think that's a good point. And it's possible AthiestCrusader has done some of those things. Who are we to be critical.

I feel the greatest sympathy for the ex wife and I'm happy for her she was able to escape this monster. Living with this would be a nightmare.

Wishing that 50 people weren't dead because of him and wondering where along the line something could have happened to prevent it is a natural mode of questioning post a horrific crime like this.

appalachiablue

(41,131 posts)
95. If you read the person's full account of their own experience
Tue Jun 14, 2016, 07:12 AM
Jun 2016

and other posts displaying intense passion, conviction and ideas to tackle failed systems which inhibit victims from contacting authorities about abusive people who commit these crimes and may cause greater harm you would understand my comments are serious.

AtheistCrusader

(33,982 posts)
98. I am not a public speaker.
Tue Jun 14, 2016, 11:28 AM
Jun 2016

But yes, I have worked with law enforcement, I have reported every problem I see, I have taken people in to shelter them, and a good deal besides. How much of my CV do you need to know to allow me to ask an exploratory question without having my motives passive-aggressively questioned?

GulfCoast66

(11,949 posts)
70. Not attacking here
Mon Jun 13, 2016, 10:00 PM
Jun 2016

But at first I read this as blaming her for not reporting and allowing it to happen.

Please tell me your were not blaming an abused spouse for this.

Again, not saying that was your intention, and if I read it wrong I apologize.

AtheistCrusader

(33,982 posts)
73. No.
Mon Jun 13, 2016, 10:16 PM
Jun 2016

I am aware that there can be reasons not to.

That's on us to flatten or destroy whatever barriers induce a partner not to report physical violence.


It is a dissapointing missed opportunity is all.

GulfCoast66

(11,949 posts)
74. Ok.
Mon Jun 13, 2016, 10:23 PM
Jun 2016

But your whole missed opportunity bothers me. Please listen to what she said.

She just wanted out and her family helped her.

She had no suspension that this would happen

She should be irrelevant to this discussion.

Have a nice evening.

AtheistCrusader

(33,982 posts)
85. It's not irrelevant. It's a missed opportunity.
Mon Jun 13, 2016, 11:04 PM
Jun 2016

She said she was physically abused, did she not? That is an opportunity for society to discover and flag an individual as being ineligible to acquire a firearm.

We need laws that protect the public to work. That includes understanding missed opportunities where we can so-flag people like him. You only get so many chances to discover that sort of thing.

I said I don't blame her. She was probably terrified of him. On the other hand, so far 50 people died, terrified too. I don't desire to make her guilty of that. I desire to remove whatever impediment drove her to remain silent. That could mean any number of things that women everywhere in that situation could find beneficial. More safe houses, more aggressive prosecution and sequestration of suspects. Etc.

Carly

(39 posts)
11. More so in the past year
Mon Jun 13, 2016, 03:35 PM
Jun 2016

We go to Disney about every year. They've checked bags for as long as I can remember but shortly after San Bernardino they really stepped it up. They now have metal detectors at all 4 parks and I noticed a lot more security presence at Magic Kingdom when we were there last month. Screening is totally random though- my 11 year old and myself never went through anything other than bag check but they did pull my 15 year old son for additional screening. There is no bag check or anything at Disney Springs (downtown Disney).

AtheistCrusader

(33,982 posts)
15. Yes, but.
Mon Jun 13, 2016, 03:55 PM
Jun 2016

It's security theater. Seriously.

If you've seen it in person, you'll understand why I say that.

kimmylavin

(2,284 posts)
17. It says Downtown Disney.
Mon Jun 13, 2016, 04:06 PM
Jun 2016

That's not the theme park - it's the shops & restaurants outside.
You just have to pay for parking to go there, not go through security.

PeaceNikki

(27,985 posts)
25. In DisneyLand they screen everyone going to Downtown Disney now.
Mon Jun 13, 2016, 04:31 PM
Jun 2016

I have no doubt the same is true in DW

 

SoCalMusicLover

(3,194 posts)
26. When Did This Start?
Mon Jun 13, 2016, 04:49 PM
Jun 2016

Last time I was there, you could walk right into DD from the DD parking lot. The machines were only in the Esplanade area in front of the parks.

Takket

(21,563 posts)
62. they screen at the parks but not downtown disney
Mon Jun 13, 2016, 06:51 PM
Jun 2016

downtown disney is a giant open air shopping mall that you can walk into from dozens of places. there is simply no reasonable way to screen people there.

I'm talking about Florida here, not California.

PeaceNikki

(27,985 posts)
64. In California at Disneyland's Downtown Disney they do screen now
Mon Jun 13, 2016, 06:54 PM
Jun 2016

I was there in January. They started in December. I don't know about Orlando, it's been a couple years since I was there.

http://www.disneyexaminer.com/2015/12/17/disneyland-heightening-security-measures-with-new-screening-procedure/

 

glowing

(12,233 posts)
27. Exactly, no security at Down Town Disney.. It has theaters, restaurants,
Mon Jun 13, 2016, 04:50 PM
Jun 2016

And night clubs. Very limited security. Security inside night clubs is typically monitoring for fights or is 18 and up are allowed in, to monitor under age drinking.

And even the "security" they have at Disney, is one long, large clusterfuck. If any terrorist wanted to be successful, they would bring along a "family" and a couple of stoller's. They tend to look at the mayhem of a family with stroller's and children as a quick spot check before the younger ones not in a stroller end up running off and becoming lost. My bags were barely glanced at anytime we go... And there are so many people. If a shooter wanted to be successful at taking out a large crowd at Disney Magic Kingdom, all they need to do is wait until the fireworks go off at the castle. Disney shuts down half the park, pushes everyone tightly into the "castle area", turns the lights off, and everyone's focus is then at the castle and the fireworks are literally popping off in a manner that could cover gun noise quite quickly. OR they could infiltrate by becoming workers for 6 mo to a year as garbage sweepers or ride workers. The fact that Disney hasn't yet been the target or a large theme park hasn't been attacked is only because terrorist haven't chosen to hit a theme park.

Now, on the other side of the equation, once again, the FBI is involved in the man's life and you are telling me they couldn't place something on his background check to deny buying a weapon? It's similar to the stories we hear out of Boston with the bombing attack and that the older brother was on the FBI raidar... And yet, the FBI in their "fight against terror", seem to "catch the bad guys" when they have and FBI undercover officer working with a group or a person that literally helps these potential "bad guys" create a plan, get the devices/ weapons for the "bad guys", and then pat themselves on the back over an arrest. Also, doesn't the NSA monitor everyone and everything? If the FBI have been involved in speaking to someone with a violent background, couldn't they set a special monitor in place from the NSA to keep an eye on their activity?

Seems to me, just like with the Boston Brothers that literally communicated via e-mail and such, and now this guy, that their were definitely people around that were telling about his instability.

Nye Bevan

(25,406 posts)
87. I was there in February and they don't.
Mon Jun 13, 2016, 11:12 PM
Jun 2016

Downtown Disney is an unenclosed, ungated area containing shops, restaurants, and a movie theater. There are numerous places to enter and leave it and they are not guarded and there is no security screening. At one end of Downtown Disney, however, is the Esplanade, the large open area containing the entrance to Disneyland and the main entrance to Disney's California Adventure, the two theme parks. There is mandatory bag check and random security screening for anyone entering the Esplanade, which would include people going to the theme parks.

 

HockeyMom

(14,337 posts)
105. Sounds like Spring Training MLB Stadiums do a better job
Tue Jun 14, 2016, 12:34 PM
Jun 2016

Very long line with big, burly armed Security Guards. No backpacks, coolers, allowed. It was just like TSA Airports minus the machines. Patting people down, emptying contents of women's purses, etc. No guns allowed, period. Security said to everyone that if they had had a license to carry, their guns would have to be secured in their cars and they would not be admitted inside the Stadium with them. MORE Gun Free Zones!!!

This was in the Twins Ft. Myers Stadium a few years ago. Perhaps, the bigger City Stadiums might even have metal detectors? Don't know. At any rate, pretty difficult to conceal an Assault Rife in FLORIDA. Wear a Trench Coat?????

Nye Bevan

(25,406 posts)
106. But Downtown Disney is really just a shopping mall.
Tue Jun 14, 2016, 12:44 PM
Jun 2016

Do you advocate security like that for every shopping mall?

herding cats

(19,564 posts)
7. It sounds to me as if this federal law enforcement source is assuming
Mon Jun 13, 2016, 02:55 PM
Jun 2016

Not to mention the way it's worded makes it appear the wife knew, which is very irresponsible of all involved.

I'll wait for some actual facts before I rush to judgement here.

MariaThinks

(2,495 posts)
103. and what will you do if it turns out she did know? like so many did with the other radical islam
Tue Jun 14, 2016, 12:18 PM
Jun 2016

motivated attacks.

herding cats

(19,564 posts)
104. I won't do anything.
Tue Jun 14, 2016, 12:21 PM
Jun 2016

I'm not a federal authority.

Which has nothing to do with someone alluding to a fact that she may have known before it's a known fact. That's irresponsible, and dangerous if she's innocent of the allegations.

jimlup

(7,968 posts)
8. I'm not a lawyer
Mon Jun 13, 2016, 02:56 PM
Jun 2016

I would guess it would hing on how much of the reality of it she knew. She could have prior knowledge and still think he wouldn't really act on his claims also, once she knew, how long does she get to approach the authorities? I'm not sure of her guilt under such circumstances. Maybe someone with knowledge of the law on this can comment.

bucolic_frolic

(43,146 posts)
12. Spousal Privilege
Mon Jun 13, 2016, 03:50 PM
Jun 2016

Federally as well as in many states prevent compelling a spouse
to testify against a spouse

Don't know how it would apply here

 

Travis_0004

(5,417 posts)
78. Privledge does not cover future crimes
Mon Jun 13, 2016, 10:48 PM
Jun 2016

A wife or lawyer can not hide behind privilege if they know about future crimes.

 

Bluenorthwest

(45,319 posts)
9. So she helped him plan and kept the secrets, why is she not in jail?
Mon Jun 13, 2016, 02:57 PM
Jun 2016

Favoritism toward religious straights who are allowed all things.

 

63splitwindow

(2,657 posts)
10. Do you know that she is not in custody?
Mon Jun 13, 2016, 03:23 PM
Jun 2016

I wasn't even aware that he had this second wife until I saw this article. If the story is true, she could obviously possibly provide a great deal of further information the investigators would be seeking. Not necessarily jailed but in custodial interrogation might be her current status. We simply don't know, do we?

WillowTree

(5,325 posts)
21. Gee.......maybe they decided to collect the facts first.
Mon Jun 13, 2016, 04:17 PM
Jun 2016

Do you know for a fact that she knew what his intent was? No? Maybe the authorities don't have enough information to arrest her yet, either.

AtheistCrusader

(33,982 posts)
16. Misprision of a Felony.
Mon Jun 13, 2016, 03:58 PM
Jun 2016

U.S. Code › Title 18 › Part I › Chapter 1 › § 4
18 U.S. Code § 4 - Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)



So, just conspiracy to commit this crime would have been sufficient. Ironically, she'd be insulated from this, as a spouse, knowing that the 5th protects from self-incrimination, also covering her part of the conspiracy.

Fucking hell.
 

63splitwindow

(2,657 posts)
18. Opinions would differ drastically...
Mon Jun 13, 2016, 04:06 PM
Jun 2016

about any effect her being his spouse would have. The 5th still applies to her, for sure, but what, if any, other evidence of her alleged knowledge is there or will be discovered? If she knew what the story says she knew you can bet that every imagineable rock will be overturned in the effort to prove it.

AtheistCrusader

(33,982 posts)
19. True. All very early in the investigation too.
Mon Jun 13, 2016, 04:09 PM
Jun 2016

Personally I expect she'll be indicted at some point, for some crime related to fore-knowledge.

arely staircase

(12,482 posts)
24. "conceal" would seem to require overt action to keep it from being found out
Mon Jun 13, 2016, 04:30 PM
Jun 2016

not sure just going about your business and knowing about it rises to that level.

obviously there would be a moral obligation to report.

appalachiablue

(41,131 posts)
36. This reminds me of the friends of Dylan Roof, the Charleston, SC
Mon Jun 13, 2016, 05:20 PM
Jun 2016

AME Church mass murderer. Several of them were aware that he followed online ideology of right wing, Aryan and racist groups and more. I don't recall if they were seriously interviewed or ever charged with anything, doubt it.

 

63splitwindow

(2,657 posts)
42. This line from the original quote...
Mon Jun 13, 2016, 05:38 PM
Jun 2016

"Salman told law enforcement on Sunday, hours after the attack at Pulse, that Mateen had recently scouted both the nightclub and Downtown Disney as potential attack targets." (emphasis added)

IF TRUE that she was aware that his purpose was as stated then she should be prosecuted as a co-conspirator to the absolute full extent of the law and for all resultant injuries and deaths, IMO.

 

jberryhill

(62,444 posts)
47. It says "actual commission"
Mon Jun 13, 2016, 05:45 PM
Jun 2016

The statute is making a distinction there by using the words "actual commission", not planning, not expression of intent, etc..

AtheistCrusader

(33,982 posts)
56. The statute for conspiracy defines that.
Mon Jun 13, 2016, 06:28 PM
Jun 2016

Not misprision. Conspiracy is a crime that is actually committed and can be prosecuted before the act is carried out.

 

jberryhill

(62,444 posts)
57. I feel bad for your law school
Mon Jun 13, 2016, 06:31 PM
Jun 2016

I really do.

Yes, attempts and conspiracy are what we lawyers call "inchoate crimes" because they have not actually been committed yet. That is why the statute in question says "actual commission" to make that distinction.

AtheistCrusader

(33,982 posts)
60. I am not a lawyer and I do not play one on tv.
Mon Jun 13, 2016, 06:42 PM
Jun 2016

18 us code 371 - Conspiracy to commit offense or to defraud United States does not seem to make that distinction. Apologies if I'm off the reservation.

 

jberryhill

(62,444 posts)
66. She's not a conspirator unless she aided the action
Mon Jun 13, 2016, 07:03 PM
Jun 2016

Failing to report someone's intention to commit a crime is not a crime.

This conversation has gone into a loop.

1. Someone said it was misprision of felony not to report someone's intention to commit a crime.

2. Misprision of felony (which is quoted above) requires "actual commission" of a crime.

3. Then someone said, well what about conspiracy (as the crime which is the subject of misprision).

4. Conspiracy to commit a crime is an inchoate crime. It does not, as you point out, require actual commission of a crime.

5. ...which brings us back to the distinction made in the misprision statute, which DOES require actual commission of a crime.

AtheistCrusader

(33,982 posts)
68. Scoping out targets might make one a conspirator.
Mon Jun 13, 2016, 09:33 PM
Jun 2016

Can you cite case law that misprision cannot apply to conspiracy?

 

jberryhill

(62,444 posts)
69. Read the statute
Mon Jun 13, 2016, 09:48 PM
Jun 2016

It requires a completed crime, and it also requires "conceals and does not as soon as possible make known". Again the word "and" signals joint independent requirements, in this instance active concealment.

No, we don't have jails filled with people who thought someone was planning a crime, didn't report it, and then that person went out and committed a different crime than the one being planned.

Yes, with the killer dead here, people have an unsatisfied sense of justice. But quite obviously, this guy was a regular lone visitor to the club in question, and quite obviously the club is not located in Disney World.

So even if he took her to Disney World with the stated reason that he wanted to check out security measures there, and even if she went along on that trip for that stated purpose, it has jack shit to do with what he eventually ended up doing on his own.

prayin4rain

(2,065 posts)
71. Wait, you're saying that the act of helping to scope out possible places to
Mon Jun 13, 2016, 10:04 PM
Jun 2016

commit a crime is not an act in furtherance of a crime?

 

jberryhill

(62,444 posts)
75. She was in no way involved in what happened
Mon Jun 13, 2016, 10:43 PM
Jun 2016

If I "help you scope out" (which is an interesting reading of being taken along on a trip) a bank you are thinking of robbing, and then the next week you go off on your own and rob a liquor store, I am not a co-conspirator in any sense in the robbery of the liquor store.

prayin4rain

(2,065 posts)
82. Agreed.
Mon Jun 13, 2016, 10:59 PM
Jun 2016

And, yes, you're right, we don't know what she knew about Disneyland.

But, if we agree to rob a bank and go scope a bank to rob, then we've conspired to rob a bank, even if NO bank ends up being robbed.












GulfCoast66

(11,949 posts)
72. If you know that this was going happen
Mon Jun 13, 2016, 10:09 PM
Jun 2016

And all the details and did not report, you are look at life in the pen. You are a conspirator.

arely staircase

(12,482 posts)
89. Without at least one overt act, I don't think so.
Tue Jun 14, 2016, 12:41 AM
Jun 2016

Simply lying about his whereabouts while he prepared could count. But I don't think, at least in most states, just having the info in your head and not reporting it rises to the level of any crime including conspiracy.

It is certainly morally wrong. But illegal I don't think so.

Fumesucker

(45,851 posts)
22. It's possilbe the wife didn't know at the time and twigged to the purpose after the shootings
Mon Jun 13, 2016, 04:26 PM
Jun 2016

A lot of things become clear in retrospect and light of new information that were opaque at the time.

ck4829

(35,069 posts)
79. It's sickening really
Mon Jun 13, 2016, 10:49 PM
Jun 2016

There's nothing in the article that actually indicates she knew or was scouting with him, but you know, people will assume things.

 

SoCalMusicLover

(3,194 posts)
29. Tsarnaev's Wife Was Never Charged Either
Mon Jun 13, 2016, 04:52 PM
Jun 2016

In between her daily beatings and verbal abuse, and her conversion to Islam, Katherine Tsarnaev apparently missed the bombs being built next to her beloved daughter's crib. She was a real piece of work.

renate

(13,776 posts)
31. in fairness to her, I wonder what would have been done if she'd reported it
Mon Jun 13, 2016, 04:54 PM
Jun 2016

I mean, there must be angry spittle-spewing misanthropes all over the country who are shooting off their mouths about their violent plans. Some of them may even be deadly (no pun intended) serious, while some are just flapping their gums.

I suspect that, had she contacted the police, they'd only have been able to make a note of her report but not been able to do anything until he'd actually, well, done something. The fact that he'd been investigated before might have made a difference (if agencies are any better at identifying people and coordinating their data than they used to be), but they couldn't have incarcerated him for being an asswipe.

Perhaps I'm wrong. I learned from a poster last night that the FBI will follow up threats more carefully than the police can, so maybe something would have happened. But I doubt he'd have been stopped.

 

Bluenorthwest

(45,319 posts)
76. The killer was frequently under FBI observation and questioning so she would not have had
Mon Jun 13, 2016, 10:47 PM
Jun 2016

to search far for people who would have listened to her. It would not have been la random call about a random person. He was of interest to them.

spinbaby

(15,089 posts)
112. On the other hand...
Tue Jun 14, 2016, 07:05 PM
Jun 2016

...because the FBI had let him go before and because he had a history of domestic violence, she may have been afraid that if she said anything, he would be loose and after her in no time.

Ilsa

(61,695 posts)
32. I'm guessing that she thought that if she
Mon Jun 13, 2016, 05:06 PM
Jun 2016

Reported him, and he found out that she reported him, he'd either beat her or kill her or kill their kid, or all of the above. I bet she was terrorized, too.

 

closeupready

(29,503 posts)
34. Spouses aren't compelled to testify against each other.
Mon Jun 13, 2016, 05:16 PM
Jun 2016

For starters.

Secondly, you seem eager to hang 'em high on little more than a blog posting from some right-wing internet tabloid. Doesn't take much for some.

 

63splitwindow

(2,657 posts)
38. You are very, very confused...
Mon Jun 13, 2016, 05:31 PM
Jun 2016

in what way would she be testifying against her spouse by reporting his activities to appropriate law enforcement? You do understand what the word "testify" means don't you?

 

closeupready

(29,503 posts)
46. If you know what "compelled" means, then you know I was saying
Mon Jun 13, 2016, 05:45 PM
Jun 2016

she isn't legally obligated to report his activities.

If she knew, she should have done so anyway, on every other level.

 

63splitwindow

(2,657 posts)
50. The fact that she could not be compelled to testify against her husband...
Mon Jun 13, 2016, 05:56 PM
Jun 2016

is NOT the same as her obligation to report his intent to commit murder, INCLUDING at the legal level.

 

jberryhill

(62,444 posts)
52. I have no idea what you mean by the "legal level"
Mon Jun 13, 2016, 06:09 PM
Jun 2016

But if you hear someone say, "I'd like to kill a bunch of people" you don't have any sort of duty to report that to anyone.

And so, what is you imagine happens after someone is reported for thinking about killing people?

 

63splitwindow

(2,657 posts)
53. Read the post I was responding to...
Mon Jun 13, 2016, 06:21 PM
Jun 2016

and you will see why the term "legal level" was used.

"Salman told law enforcement on Sunday, hours after the attack at Pulse, that Mateen had recently scouted both the nightclub and Downtown Disney as potential attack targets." You equate that with a statement "I'd like to kill a bunch of people"?

" Aiding and Abetting a Crime (Penal Code section 31)

In California, you can be charged with the crime that was committed if you aided or abetted in its commission, but did not actually commit the crime yourself. Penal Code section 31 describes the phrase “aiding and abetting” as meaning that you assisted another person to commit a crime. Prosecutors can charge you as an aider and abettor whenever you:
Know the perpetrator’s illegal plan,
●Intentionally encourage and/or facilitate that plan, and
●Aid, promote, or instigate in the crime’s commission.

You don’t have to be actually present at the scene of the crime to be charged under what is known as “accomplice liability.” If you willfully participated in the planning of a crime prior to its commission, you can be held criminally liable as an “accessory before the fact.”

https://www.wklaw.com/knowing-about-a-crime-and-not-saying-anything/

 

jberryhill

(62,444 posts)
55. I happen to be an attorney
Mon Jun 13, 2016, 06:28 PM
Jun 2016

And the idiocy here parading as "legal" knowledge is astounding.

Even if that piece you copied and pasted, do you see the word "and"? There are three things listed there. They are joined by the word "and", not the word "or".

If my wife leaves the house and says, "I'm off to rob the bank, I'll be back in about an hour" then I can say, "okay, have a fun time at the bank."

No, you do not become a conspirator merely by knowing someone else's plan.
 

jberryhill

(62,444 posts)
58. Let me make this simple for you
Mon Jun 13, 2016, 06:33 PM
Jun 2016

Do you see what you posted?

●Know the perpetrator’s illegal plan,
●Intentionally encourage and/or facilitate that plan, and
●Aid, promote, or instigate in the crime’s commission.

Do you see the word "and"?

In order to be a conspirator, that word "and" is telling you that you have to do ALL THREE of those things.

 

63splitwindow

(2,657 posts)
59. Ok F Lee Bailey......
Mon Jun 13, 2016, 06:39 PM
Jun 2016

did you read in the original post how she accompanied the shooter, the man she was married to and lived with, to one of the potential targets in April? You want her possible participation investigated at all Barney or is she good to go?

 

jberryhill

(62,444 posts)
84. Yes I read an unsourced piece of information
Mon Jun 13, 2016, 11:02 PM
Jun 2016

...and have a lot more confidence in professionals who actually know the law than armchair graduates of Google University who can't even read the stuff they come up with.

 

msanthrope

(37,549 posts)
97. He's a respected member of the bar who just took you
Tue Jun 14, 2016, 07:34 AM
Jun 2016

to the woodshed. My colleague is rather on point today.

 

63splitwindow

(2,657 posts)
113. "Wife of Orlando shooter could soon face charges: source"
Tue Jun 14, 2016, 07:10 PM
Jun 2016

" The wife of the gunman who killed 49 people at an Orlando gay nightclub could soon be charged in connection with the attack, the deadliest mass shooting in modern U.S. history, a law enforcement source said on Tuesday.

FoxNews.com, citing an FBI source, said prosecutors had convened a grand jury to investigate Omar Mateen's wife, Noor Salman. They are seeking to charge her as an accessory to 49 counts of murder and 53 counts of attempted murder and failure to notify law enforcement about the pending attack and lying to federal agents.

NBC News, citing multiple unnamed sources, said Salman told federal agents she tried to talk her husband out of carrying out the attack. But she also told the FBI she once drove him to the nightclub, Pulse, because he wanted to scope it out, the network said."

http://www.reuters.com/article/us-florida-shooting-idUSKCN0Z017C

notadmblnd

(23,720 posts)
49. A few years back here in Michigan
Mon Jun 13, 2016, 05:52 PM
Jun 2016

A car wash worker, hijacked a woman's Cadillac as she was going thru and stuffed her in the trunk. He then drove around in the car for a week with his fiance with the woman in the trunk. She eventually died as a result of drinking the window washer fluid.

When the case went to court, it came out that even though the fiance heard sounds from the trunk while riding in the car on and off for a week, she was under no obligation to be a good Samaritan and turn the kidnapper in for his crime.

I don't know what Fla law is. I believe the wife is morally responsible in contributing to the deaths, but there may be nothing she can be charged with for not reporting what her husband intended to do.

 

jberryhill

(62,444 posts)
54. It's pretty much all silliness here
Mon Jun 13, 2016, 06:24 PM
Jun 2016

In the old East Germany, people had an obligation to report what they thought other people might be up to.

I guess folks here think ringing up the police and saying "I think so-and-so is thinking about killing bunch of people" is supposed to get so-and-so arrested, "watched" (as if the FBI has tons of folks on call to indefinitely watch whomever some random person calls in and wants watched), or something like that.

When was this "report" supposed to have been made? Before he bought the guns?

And so, in response, the FBI is supposed to do what? Come by the house and say, "Hey we got a tip you want to kill a bunch of people" and if the guy says, "Gee, yes I do want to kill a bunch of people" then what is supposed to happen?

It's not illegal to want to kill people.

 

63splitwindow

(2,657 posts)
92. Thanks.
Tue Jun 14, 2016, 01:24 AM
Jun 2016

It mentions Disney World but does not tell us where that info came from. If not the wife, I wonder who. As mentioned, any competent lawyer would advise her to exercise her 5th Amendment rights at this stage.

AtheistCrusader

(33,982 posts)
90. Even if she is wholly innocent of any possible crime whatever
Tue Jun 14, 2016, 12:44 AM
Jun 2016

that is a good move by her, and likely good advice from a good lawyer, and actually in no way suggests she's done anything at all.

bjo59

(1,166 posts)
91. The latest news is that he visited the Pulse nightclub frequently over the past 3 years and he
Tue Jun 14, 2016, 01:01 AM
Jun 2016

did not go with his wife.

 

63splitwindow

(2,657 posts)
110. Information today from CNN
Tue Jun 14, 2016, 05:20 PM
Jun 2016

"...
Disney security officials told the FBI they believe Mateen also visited Disney World on April 26 to conduct surveillance, a law enforcement official told CNN. The FBI is investigating that possibility.

Mateen's wife, Noor Salman, was with him on the Disney World visit. Authorities are investigating whether she knew about her husband's intent, the official said. Salman has spoken to investigators.
..."

http://www.cnn.com/2016/06/14/us/orlando-shooter-omar-mateen/index.html

 

63splitwindow

(2,657 posts)
111. Latest update...
Tue Jun 14, 2016, 06:54 PM
Jun 2016

"...
Justice Department prosecutors and FBI investigators are now reviewing her account and other evidence to determine whether they can bring charges of misprision of a felony because she allegedly failed to report her knowledge of his general plans to carry out some kind of attack.

Misprision is deliberate concealment of knowledge of a pending crime. The gunman's wife traveled with him when he visited the Pulse nightclub and Disney Springs in early June, according to a law enforcement official. The visits, investigators believe, were intended to case locations for possible attacks. It's unclear how much she knew at the time about his intentions.
..."

http://www.cnn.com/2016/06/14/us/orlando-gunman-omar-mateen-wife-fbi/index.html







Mandos the Judge

(24 posts)
116. Latest update...
Tue Jun 14, 2016, 09:43 PM
Jun 2016

In that case I suspect they won't file charges. Simple failure to report isn't enough for misprision. If they want a conviction they'd have to prove she actively concealed knowledge of the pending crime and that doesn't appear to be the case it seems.

 

63splitwindow

(2,657 posts)
117. Latest update...
Tue Jun 14, 2016, 10:07 PM
Jun 2016

NOT final resolution. Her potential involvement was the lead story on the NBC national news this evening.

Latest Discussions»General Discussion»Orlando shooter's current...