• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Another "Boating Accident" ???

He will plead the fifth to all question but the court is entitled to draw adverse inferences against the party that “pleads the Fifth.” (Justice Brandeis said: “Silence is often evidence of the most persuasive character.” it’s often fatal to the party’s claims or defenses.
 
Gotta wonder what the ins co found with the boat to start sniffing around gun purchases.

This might help explain. He made "repairs" to the boat before going out with his mother. He was already semi infamous over the death of his grandfather. More timeline at the link.

Man Who Survived a Week at Sea May Face Charges
Nathan Carman, 22, survived the ordeal. His mother has not been found.
By Spencer Buell· 9/27/2016, 3:23 p.m.

Update, Thursday, Sept. 29, 2:30 p.m.: Federal investigators are now lending a hand in the search for answers about the mother-son fishing trip that ended in tragedy. State and federal authorities from Rhode Island, Massachusetts, Connecticut, and Vermont, are all helping with the case, South Kingston Police Chief Vincent Vespia announced Thursday. Nathan Carman, the 22-year-old rescued after eight days in a life raft, has also given interviews with the media since returning to his home in Vermont. He says the attention given to the case has compounded his grief over the loss of his mother. He also criticized outlets that have dredged up the history of his grandfather, who was murdered in 2013. Carman was once a suspect in the man’s killing. “He was like a father to me,” Carman says.

Update, Wednesday, Sept. 28, 1:30 p.m.:
The Globe reports that investigators believe Carman may have taken the boat further from shore than his mother wanted to during the overnight expedition, that repairs he made himself to the boat may have rendered the vessel unsafe.


Man Who Survived a Week at Sea May Face Charges
 
He will plead the fifth to all question but the court is entitled to draw adverse inferences against the party that “pleads the Fifth.” (Justice Brandeis said: “Silence is often evidence of the most persuasive character.” it’s often fatal to the party’s claims or defenses.
That Judge is dangerous
 
That Judge is dangerous
I sat on a jury where the accused took the stand and used the 5th one time when the prosecutor cross examined. In the judges instructions to the jury he specifically told us not to consider his answer of the 5th as any evidence of guilt.

Yes that judge is absolutely dangerous.
 
He will plead the fifth to all question but the court is entitled to draw adverse inferences against the party that “pleads the Fifth.” (Justice Brandeis said: “Silence is often evidence of the most persuasive character.” it’s often fatal to the party’s claims or defenses.
That is not the way it works. No inference may be drawn from a defendant taking the 5th. There was a scotus case the determined that taking the fifth in the middle of questioning can be used against the defendant, as in "he spoke at length with us, and took the 5th when we asked about the shotgun".

In England, inference may be drawn from a defendant remaining silent,
 
The kid is a suspect in the murder of his rich grandfather and then his mother. He supposedly has Asperger's and his relatives want justice. Bought the Sig rifle just before grandpa was found shot to death with same caliber and now can't produce the rifle.
 
That is not the way it works. No inference may be drawn from a defendant taking the 5th. There was a scotus case the determined that taking the fifth in the middle of questioning can be used against the defendant, as in "he spoke at length with us, and took the 5th when we asked about the shotgun".

In England, inference may be drawn from a defendant remaining silent,
Is their different standards for civil vs criminal court proceedings?
 
That is not the way it works. No inference may be drawn from a defendant taking the 5th.

This isn't the kind of case where that's not the way it works.

As @clampett alluded above, this is a civil suit,
where silence may be leaden.
=====
ETA: Actually, I'd like to see better discussion covering this situation,
where serious criminal charges against the silent civil party truly lurk in the background.

Although since in this case the silent party is the plaintiff,
maybe it's just Nature's way of saying,
"you shouldn't have sued the insurance company when you knew they were going to
ask you questions whose answers could get you jacked up on a felony,
dumbass".

And in this case, the civil complaint about the insurance company
must have had a statute of limitations clock ticking,
while murder charges never time out.
 
Last edited:
The kid is a suspect in the murder of his rich grandfather and then his mother. He supposedly has Asperger's and his relatives want justice. Bought the Sig rifle just before grandpa was found shot to death with same caliber and now can't produce the rifle.
Were Kyle, Kenny and Mr. Hand involved?
 
Back
Top Bottom