Man pleads not guilty in murder of wife

Full story: Lake County Record-Bee

A Clearlake man pleaded not guilty Friday to charges of murdering his wife. Judge Richard Freeborn agreed the $1.5 million bail set against Eddie Gillespie was appropriate.

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You have to be joking

United States

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#1
Jun 12, 2010
 
He calls 911 tells them he shot her, and now says he is not guilty. Is that like he accidentally did it on purpose, so there for he is not guilty.
Ace Reporter

Jackson Center, OH

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#2
Jun 12, 2010
 
I think that was his son, not "theirs" as they had only been married a few months.
Ridiculous

Fort Dodge, IA

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#3
Jun 12, 2010
 
You have to be joking wrote:
He calls 911 tells them he shot her, and now says he is not guilty. Is that like he accidentally did it on purpose, so there for he is not guilty.
How could he be not guilty, what a joke. Sure, and I believe in the tooth fairy.
Philip Murphy

Oakland, CA

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#4
Jun 12, 2010
 
I think the "not guilty" plea is a legal move that must be made if you are going to use a "diminished capacity" type defense, as might be done in this case where it seems probable it was a crime of passion and not premeditated.
samiam

Clearlake Oaks, CA

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#5
Jun 12, 2010
 
"I shot my wife" and "I'm guilty of murder" can be two entirely different things.
Murder

Fort Dodge, IA

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#6
Jun 12, 2010
 
Philip Murphy wrote:
I think the "not guilty" plea is a legal move that must be made if you are going to use a "diminished capacity" type defense, as might be done in this case where it seems probable it was a crime of passion and not premeditated.
Does temporary insanity fall into that category?
Marzocco

United States

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#7
Jun 12, 2010
 
The law mandates a "not guilty plea" in all appearances before a judge up to the preliminary hearing in all felony cases. After all, by law a person is considered not guilty until proven so. This allows the defense attorney to receive all copies of reports, the list of witnesses, evidence, statements and every thing that can accuse or exculpate his client.
Once the defense attorney reviews all evidence he has a better idea of how to handle the case.
Later at other court appearances the criminal can continue to plead not guilty and request a trial by jury, plead not guilty by reason of insanity or plead guilty based on a plea bargaining.
It is the media that makes it confusing when they make sensationalistic statements such as The killer of 9 students PLEAD NOT GUILTY, but fail to explain that the killer had no choice in this case

Marzocco
Retired Police Sergeant
Murder

Fort Dodge, IA

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#8
Jun 12, 2010
 
Marzocco wrote:
The law mandates a "not guilty plea" in all appearances before a judge up to the preliminary hearing in all felony cases. After all, by law a person is considered not guilty until proven so. This allows the defense attorney to receive all copies of reports, the list of witnesses, evidence, statements and every thing that can accuse or exculpate his client.
Once the defense attorney reviews all evidence he has a better idea of how to handle the case.
Later at other court appearances the criminal can continue to plead not guilty and request a trial by jury, plead not guilty by reason of insanity or plead guilty based on a plea bargaining.
It is the media that makes it confusing when they make sensationalistic statements such as The killer of 9 students PLEAD NOT GUILTY, but fail to explain that the killer had no choice in this case
Marzocco
Retired Police Sergeant
Thanks Marzocco. Your right about the media, because "lay peeps" including myself don't understand how the system works. What substantiates "reason of insanity", is it used often? One would think that anyone who commits murder, manslaughter etc. is of course "temporarily insane" at the moment due to the heinous act itself. Does the 'criminal' go through rigorous psychological testing?
Gopher

United States

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#9
Jun 12, 2010
 
"The law mandates a 'not guilty plea' in all appearances before a judge up to the preliminary hearing in all felony cases."
Nope, that's just incorrect, Penal Code section 859a is the relevant section. However, Marzocco is right in that the defense attorney is going to want to review the discovery before concurring in a guilty plea, to do otherwise would be ineffective assistance of counsel. There's a wide range of homicide charges that one may be convicted of, from involuntary manslaughter to First Degree murder. The question here isn't whether or not he shot her, but what he was thinking when he did it.
Marzocco

United States

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#10
Jun 12, 2010
 
Murder wrote:
<quoted text>Thanks Marzocco. Your right about the media, because "lay peeps" including myself don't understand how the system works. What substantiates "reason of insanity", is it used often? One would think that anyone who commits murder, manslaughter etc. is of course "temporarily insane" at the moment due to the heinous act itself. Does the 'criminal' go through rigorous psychological testing?
It depends what you mean by rigorous psy testing and the key word here is "Rigorous." There are standardized test approved to be used in court. Then the paid so called Experts will debate and try to come up with different opposite versions of the facts.
You see it in court all the time. Psychologists, doctors, ex coroners and ex chiefs of police that have become "paid wh**es" willing to testify in court for any side that pays them. One day they will use an argument for the DA and the next trial will use exactly the same argument in favor of the defense attorney.
i can see

Haines, AK

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#11
Jun 12, 2010
 
more sentence bargaining ahead. sigh
Marzocco

United States

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#12
Jun 12, 2010
 
i can see wrote:
more sentence bargaining ahead. sigh
Nothing wrong with sentence bargaining, especially when you have nervous witnesses, cops that forgot to enter important facts in their original reports or some of the evidence is not too strong.
The worst thing that can happen during a trial and drives the DA nuts is when the defense attorney asks the officer: If you think this is an important fact against my client why are you mentioning it now on the stand months after the original investigation and didn't mention it in the original report? Every juror will start thinking the officer is making things up.
That's why very seldom my cases went to trial. In my DUI cases I covered every aspect about how the driver drove on the road. Every part of FST (Field Sobriety Test) I didn't leave the defense attorney too many areas that were not covered. Most of the cases were handled by sentence bargaining. And when I reviewed my officer reports, if they were sloppily written, I would make the officers rewrite them before approving them.

And even when the case looks like iron proof for the DA, all you need is a jury and even one single juror that feels sorry for the defendant. Everybody thought OJ would be found guilty and what happened?

Marzocco
Retired Police Sergeant

Marzocco
Retired Police Sergeant
samiam

Clearlake Oaks, CA

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#13
Jun 12, 2010
 
Marzocco wrote:
<quoted text>
Nothing wrong with sentence bargaining, especially when you have nervous witnesses, cops that forgot to enter important facts in their original reports or some of the evidence is not too strong.
The worst thing that can happen during a trial and drives the DA nuts is when the defense attorney asks the officer: If you think this is an important fact against my client why are you mentioning it now on the stand months after the original investigation and didn't mention it in the original report? Every juror will start thinking the officer is making things up.
That's why very seldom my cases went to trial. In my DUI cases I covered every aspect about how the driver drove on the road. Every part of FST (Field Sobriety Test) I didn't leave the defense attorney too many areas that were not covered. Most of the cases were handled by sentence bargaining. And when I reviewed my officer reports, if they were sloppily written, I would make the officers rewrite them before approving them.
And even when the case looks like iron proof for the DA, all you need is a jury and even one single juror that feels sorry for the defendant. Everybody thought OJ would be found guilty and what happened?
Marzocco
Retired Police Sergeant
Marzocco
Retired Police Sergeant
Sir or Mam,
You make perferct sense. We'll have no more of that here!!
CLO

Lakeport, CA

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#14
Jun 13, 2010
 
samiam wrote:
<quoted text>
Sir or Mam,
You make perferct sense. We'll have no more of that here!!
Its about time someone makes perfect sense with comments its about time. So tired of seeing all the idiots in lake county talking crap when they don't have a clue about anything that goes on in real life..
Gopher

United States

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#15
Jun 13, 2010
 
Just to make something clear, I believe Marzocco was incorrect as a matter of law concerning guilty pleas prior to prelims, but for the most part I agree with his (or her) sentiments and observations. I intend no disrespect by pointing out a disagreement as to what I think the law is as concerns that subject. The practical effect is the same, I think we in agreement there.
LCSuperstar

San Jose, CA

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#16
Jun 13, 2010
 
CLO is a $hithole!
Dene

United States

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#17
Jun 13, 2010
 
Philip Murphy wrote:
I think the "not guilty" plea is a legal move that must be made if you are going to use a "diminished capacity" type defense, as might be done in this case where it seems probable it was a crime of passion and not premeditated.
You are a know it all and you are incorrect as always.
Everyone enters a not guilty plea at arraignment. That way their lawyer can, you know, READ the police reports. Duh. If you pled him guilty at arraignment, it would be reversed automatically on appeal.
Go away phil..
Bird watch

United States

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#18
Jun 14, 2010
 
Not guilty?

ANd when did Freeborn un-retire?
Me L

Nixa, MO

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#19
Jun 14, 2010
 
Don't place judgement until you know the whole story! I know them personally. I grew up with Kyle. My mom used 2 watch him at her own daycare. And Eddie was a great father in the fact that Kyle's mother deserted them and he worked hard and raised his son alone. This woman he shot was indeed not Kyle's biological mother. So who knows what dispute they had over him or whatever. I guess things they say happen for a reason. Maybe he was protecting his son and the situation got out of control. Who knows. The only ones who do is 1 man in jail and a deseased woman. I feel awful that this occured. My thoughts and prayers are with both families right now. In the end its really up to God. He is the one who can judge...
Judy Franks

Eureka, CA

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#20
Sep 2, 2010
 
Well here I am raising the "good Fathers son" and it is Sept. 2nd. He never once really had anything to do with his now 14 year old son. So Kyle is not his only son. We just found out about Eddie today, so the person who claims Eddie and his son Kyle are great people--well think again. What kind of "christian" don't recognize his own son. Well let me tell you... He ain't one is he. Not one time has Erik ever gotten even a call from Eddie on his birthday (14 years old), but he rushed to our town and asked Erik to participate in his wedding. WHY? Now I had to break the news to Erik that his dad murdered his wife. He was stunned. He liked Tracie. So he made the decision to erase him out of his life. I say it is a wise one.

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