The Willis Family: Rape Charges Part 2

[livinginthelight]

I respect the family for their radio silence, and I wish the best for them. I pray for truth to come out in court (though we don't necessarily have a right to the details) and for there to be healing.

[SweetLaurel]

I'd like to hear if anyone finds out anything, though.   

[Palimpsest]

His attorney asked for a continuance.  Next scheduled court date is March 1, 2017.

http://www.tennessean.com/story/news/local/cheatham/2016/11/30/toby-willis/94669534/

They just updated the story with more info:

Quote

Willis's attorney Michael Shipman told Cheatham County General Sessions judge Philip Maxey that he had come to "question (Willis's) competence" during conversation he had with his client.

The state's attorney's objected to the request.

Maxey, his patience visibly tested, ultimately sided with Shipman, of the Nashville firm Shipman & Crim, "based on the seriousness of the crimes."

"We've got to move this case along," said Maxey, "It's been sitting too long already."

 

[faraway]

Quote

"based on the seriousness of the crimes."

Did anyone else catch that? That's terrifying. 

So he's getting mental health evalution, I wonder what that's about, maybe a move to make him look less accountable?

[justmy2cents]

1 hour ago, Palimpsest said:

"based on the seriousness of the crimes."

 

16 minutes ago, faraway said:

Did anyone else catch that? That's terrifying. 

So he's getting mental health evalution, I wonder what that's about, maybe a move to make him look less accountable?

Maybe they're referring to multiple occasions with one victim.  Bad enough.  Hope there aren't more.

[Palimpsest]

2 hours ago, faraway said:

Did anyone else catch that? That's terrifying. 

So he's getting mental health evalution, I wonder what that's about, maybe a move to make him look less accountable?

What are you talking about?  The "seriousness" of the crime?  I caught that the first time around as did many others.  Accusations of child rape = very, very, serious.

The incompetency thing is interesting.  So, Toby Willis's attorney - was he incompetent when he committed the original crime 12 years ago (kinda hard to prove when he was playing fully functional and sold his family on TV in the last 10 years) or was he totally incompetent when he fled arrest?

This may be very interesting as it plays out.  Terribly sad, but interesting.

I hope the victims of Toby Willis (because I think these accusations are true given Toby's response) and his family can find healing and peace.

[MorningMist]

I really feel for his children (as well as the victim of course) for seeing this being pushed back yet again.

They've had to give up their careers for this, completely changing how they live all because their father potentially committed a horrendous crime before some of them were even born. And now it looks like it won't be concluded for a long time.

It must really be rough at the moment for them.

[RosyDaisy]

WTF?? Son of a bitch is going for an insanity defense. The judge was impatient? Fuck him!

[Lurky]

1 minute ago, MorningMist said:

They've had to give up their careers for this, completely changing how they live all because their father potentially committed a horrendous crime before some of them were even born.

I agree with you in general, but totally disagree that it's bad young kids have to give up their careers, as I'm pretty hardcore about the idea I want kids not to have to be working on careers before 16, or even 18.  Working towards, as in education - or working on very part time jobs for extra cash, but I hate the idea of eg a 13 year old having a career, because I'd rather then were having a childhood,

[Palimpsest]

12 minutes ago, RosyDaisy said:

WTF?? Son of a bitch is going for an insanity defense. The judge was impatient? Fuck him!

Seems to me that the judge may be erring on the side of caution so as not to get a challenge further down the road. I-am-not-a-lawyer though.

[Grimalkin]

29 minutes ago, Palimpsest said:

Seems to me that the judge may be erring on the side of caution so as not to get a challenge further down the road. I-am-not-a-lawyer though.

Could it be that it's not so much an insanity plea but he is currently unable to stand trial?

[luv2laugh]

10 minutes ago, Grimalkin said:

Could it be that it's not so much an insanity plea but he is currently unable to stand trial?

That's what I think this is.

[Palimpsest]

16 minutes ago, Grimalkin said:

Could it be that it's not so much an insanity plea but he is currently unable to stand trial?

That appears to be what his attorney is arguing.

His Honor, the Judge, agreed (erring on the side of caution.)  Impatiently.  Because of the very serious nature of the charges.

[marmalade]

1 hour ago, Palimpsest said:

What are you talking about?  The "seriousness" of the crime?  I caught that the first time around as did many others.  Accusations of child rape = very, very, serious.

The incompetency thing is interesting.  So, Toby Willis's attorney - was he incompetent when he committed the original crime 12 years ago (kinda hard to prove when he was playing fully functional and sold his family on TV in the last 10 years) or was he totally incompetent when he fled arrest?

This may be very interesting as it plays out.  Terribly sad, but interesting.

I hope the victims of Toby Willis (because I think these accusations are true given Toby's response) and his family can find healing and peace.

I think you misread the interpretation of the OP. She emphasized the "S" on the end of "crime." The article appears to indicate PLURAL incidents. THAT is what is potentially (if true) even more horrific than what we know about the case. 

[faraway]

11 hours ago, Palimpsest said:

What are you talking about?  The "seriousness" of the crime?  I caught that the first time around as did many others.  Accusations of child rape = very, very, serious.

No, I meant the plural. It's possible that they are talking about the rape and him fleeing justice. But maybe there's more to the story than we know at this point.

I'm not sure if it's good for the family if this drags on for such a long time. But then again we don't know how they are coping. I really hope Brenda found them a nice, stable home where they can stay. 

[Palimpsest]

1 hour ago, faraway said:

No, I meant the plural. It's possible that they are talking about the rape and him fleeing justice. But maybe there's more to the story than we know at this point.

I'm not sure if it's good for the family if this drags on for such a long time. But then again we don't know how they are coping. I really hope Brenda found them a nice, stable home where they can stay. 

All we know at the moment is that Toby Willis has been charged with two serious crimes: 1 charge of child rape and 1 charge of evading arrest.  

Google tells me that evading arrest (fleeing justice) can be either a Class D felony or a misdemeanor in TN depending whether you drive a car in your getaway.  That may explain why Toby Willis was hitchhiking out of state - it's a lesser charge.

I hope the family is coping alright.  It may be a huge relief for some of them not to have to tour with the band.

[nausicaa]

15 hours ago, Grimalkin said:

Could it be that it's not so much an insanity plea but he is currently unable to stand trial?

I have very little legal experience. What would be the reasons that he could be currently unable to stand trial? Other than being deathly ill or in the throes of a serious drug addiction, which both seem unlikely to me. I don't understand how that works, yet it's a phrase I hear used a lot in court cases. 

[Palimpsest]

18 minutes ago, nausicaa said:

I have very little legal experience. What would be the reasons that he could be currently unable to stand trial? Other than being deathly ill or in the throes of a serious drug addiction, which both seem unlikely to me. I don't understand how that works, yet it's a phrase I hear used a lot in court cases. 

Severe mental illness - but he'll be required to have competency evaluations if he wants to delay the trial indefinitely.  Some people can be deemed competent to stand trial if they are on their meds - but not competent if they are off them. 

The defendant must be able to understand the charges against them and be capable of consulting with the attorney to prepare the defense - in non-legal language.   It's usually called the Dusky standard:

 https://en.wikipedia.org/wiki/Dusky_v._United_States

[Buzzard]

10 minutes ago, Palimpsest said:

Severe mental illness - but he'll be required to have competency evaluations if he wants to delay the trial indefinitely.  Some people can be deemed competent to stand trial if they are on their meds - but not competent if they are off them. 

The defendant must be able to understand the charges against them and be capable of consulting with the attorney to prepare the defense - in non-legal language.   It's usually called the Dusky standard:

 https://en.wikipedia.org/wiki/Dusky_v._United_States

Yeah, or in my world "full of shit."  There is no way he's going to pull off either incompetency or a psych defense.  Its a crazy high standard in a normal case, and for a sex case... not gonna happen.

He was aware of the charges enough to flee, he's capable of assisting counsel.  He may REFUSE to assist counsel, but thats not a reason to delay.  He can sit in jail until March, thats just fine with me.  I just feel bad for the victim having to wait for some form of closure, but thats pretty standard in all these cases.

[livinginthelight]

There's no way he'd get off on insanity. Even Andrea Yates - who truly was insane - wasn't able to get that defense upheld. And there is no evidence that they are aiming for that defense.

I'm picturing a scenario where a very controlling, very angry man who is used to calling the shots and getting lots of praise for doing so, suddenly is caged up and isolated from the very people he controlled. I can imagine him raging in his cell, possibly raging enough that his attorney - who, like all attorneys, loves to delay - thinks he is causing enough of an uproar to merit a request for the competency evaluation. He may simply be extremely pissed off and uncooperative with the attorney. It won't hold up but it is a good delaying tactic.

 

 

[BlackberryGirl]

He may also be suicidal. If there have been attempts that would  put his mental health into question. frankly, for all I care he can remain there without trial til 2070..

 

[Eclipse]

There is a difference between an insanity defence/mental disorder or defect defines and not being fit to stand trial. 

A insanity defence relates to the time the crime was committed whereas not being fit to stand trial relates to the trial. If you are found unfit to stand trial, the trial is delayed until you are fit.  You can be evaluated regularly to determine if you status changes and your trial can go forward, though in some cases the person will never be found fit. Your usually kept in a mental health unit or hospital until you are found fit to stand trial.

[ChunkyBarbie]

I was reading about this on a thread on FB. There were posters basically trying to excuse his alleged crimes as a result of the trauma of losing family members in the car accident. Really, what it boiled down to is people are willing to make excuses for this guy because he has a pretty family and was on tv. Oh, and is Christian. My head just about imploded. 

I can't even today, I just can't. 

[choralcrusader8613]

7 hours ago, ChunkyBarbie said:

I was reading about this on a thread on FB. There were posters basically trying to excuse his alleged crimes as a result of the trauma of losing family members in the car accident. Really, what it boiled down to is people are willing to make excuses for this guy because he has a pretty family and was on tv. Oh, and is Christian. My head just about imploded. 

I can't even today, I just can't. 

You think you've heard it all... Y'all, I've worked with people who've had serious trauma, and what those people are saying is funny enough to make a horse laugh.

I can't with that either.

[justmy2cents]

Jessica Willis is engaged: this is her boyfriend's Instagram.