Murder on Emerald Princess

[Sea and Me]

Here is her obituary. Under the circumstances, I am surprised to see that her husband is named as a survivor even though he is.

 

http://www.spilsburymortuary.com/obituaries/kristy-lee-manzanares/#guestbook

Thank you for posting the obituary. She was such a beautiful young lady.

[Blondilu]

Since the systems in Canada are different, what are the differences between state system and federal system and how does this case end being deemed federal?

 

As I read it and understood it Canada is not involved since it happened in US waters (Inside Passage-Alaska). However it was outside the state boundary (is that 3 miles? not sure), so feds stepped in.

[KristyMisty14]

As I read it and understood it Canada is not involved since it happened in US waters (Inside Passage-Alaska). However it was outside the state boundary (is that 3 miles? not sure), so feds stepped in.

 

That wasn't my question.... I am asking the OP to tell me the differences in YOUR country between the federal and state system, the OP is involved in some sort of law enforcement, I assume they can give me a brief idea of the differences.

[Blondilu]

Sorry, did not see that you are in Canada and misunderstood the question. I think my answer is still basically correct. But, I also know it can be more complicated then just border lines, so hopefully Aquahound will chime in with more detail.

[KristyMisty14]

Sorry, did not see that you are in Canada and misunderstood the question. I think my answer is still basically correct. But, I also know it can be more complicated then just border lines, so hopefully Aquahound will chime in with more detail.

 

That's okay :), I'm interested to know. I have family in law enforcement in Canada, but my knowledge of your processes are limited.

[goldenrod]

This thread has reached the end of any useful or informative commentary!

 

 

Sent from my iPhone using Forums

[LMaxwell]

You didn't just quote a study. This is what you wrote about people expressing 'thoughts and prayers':

 

I did but many posts along the way have been removed. Not intended to cause confusion, but beyond my control.

[CruzinNoony]

To Tom - I am so very sorry that you went through such a horrible time. Bob and I were also on the 50th cruise with the two of you. In fact, I remember our whale watching tour in Cabo. Even though you were suffering with the extremely rough ride, you were such a trooper!!! As Gloria said, remember all the good times you had with her. Hope to see you on another cruise. Meredith

[huskerdan25]

Hi everyone. I am posting today to publicly apologize to everyone who has posted in this thread, in particular, the ones I called jokes and the one that I called a fool. I knew I shouldn't have posted because I took some of the things posted too emotionally and I was wrong to do so. I should have posted my opinion after calming down or not posted at all.

 

I just want to share that I wish the best for the children and family members whose lives have been changed forever, whatever the reason this tragedy happened. I don't feel the need to speculate what happened,just the need to share that I hope somehow this family can heal and move forward in life which I understand will be difficult. It is one thing to lose a loved one but another to lose them in this matter.

 

Please accept my apologies for my post yesterday. I will stick to sharing helpful recommendations when people ask about cruising or the Princess product as I have always done previously until yesterday.

[triptolemus]

Hi everyone. I am posting today to publicly apologize to ... the one that I called a fool. I knew I shouldn't have posted because I took some of the things posted too emotionally and I was wrong to do so. I should have posted my opinion after calming down or not posted at all.

 

That would be me.

 

Big of you to do that. Apology accepted.

 

Good on ya.

 

This is obviously an emotional topic... for many reasons, with each individual affected by one part of the incident or another. If one reads all 550+ posts, you'll find a couple where I got emotional about it as well -- at least the ones that weren't deleted.

 

I apologize as well... if I was too vocal about my points of view.

 

Cheers everyone! Be well.

[dchip]

 

All hugs are welcomed.

Tom😎

 

Many hugs coming your way. :hearteyes:

 

Denise

[caribill]

There was an absolutely horrific case in my town of Naples. I knew Guerline (wife) fairly well and it was truly one of the worst crimes ever. Mesac Damas killed his wife and 5 young children. This was in 2009 and it still hasn't gone to trial to be finished. At this point, he doesn't even want it to. Plea deals have even been discussed this situation. Trial is scheduled for this September finally, 8 years later. For her family to have to go through this and see the horrible pictures is something that I just can't imagine. If only a plea deal could be reached to spare everyone.

 

http://www.naplesnews.com/story/news/columnists/brent-batten/2017/07/24/brent-batten-damas-case-raises-questions-old-mankind-veteran-attorney-says/505673001/

[KristyMisty14]

All hugs are welcomed.

Tom😎

 

Thanks for sharing! Big Hugs! :halo:

[mek]

I respectfully disagree.

Although we don't know everything, the prosecutor in the case has no reason to plea deal and I'm sure the family of the victim would never go for that. There are no other suspects, based on reports, the husband, after killing her, tried to dump her body overboard. I don't know the man's history but I doubt there would be an insanity plea. It seems like he knew right from wrong by trying to get rid of the body.

 

Of course all of this is speculation as we don't know all of the facts and evidence but I was responding to the poster that said they could plea deal and I don't think there is basis for that.

 

I can only speak from my point of view, but there isn't any way I would want to put children on the stand to testify against their father especially if they go for a 1st degree murder conviction and that will probably happen if the case does go to trial. I realize children can testify in a remote location with a broadcast to the courtroom, but not sure if that applies to teenagers.

 

If it was my family, I would hope for a plea deal. I wouldn't want the case to go to trial.

[TNTLAMB]

The murder statute in the Federal System is much different than in the state system. There is not much room for "plea Bargain" sentence is always harsh..................... (no parole etc.) If it happens in the special maritime district there is even less room. Its an interesting discussion but moot.

 

The "plea bargain" will essentialy break down to how much time he will serve NORTH of 18 years for a guilty plea (and thats hard time) not the charges themselves. Federal sentencing is so harsh, 93% of federal cases plead out

 

By contrast in State Court a "life sentence" can be as little as 12 years.

[mek]

The murder statute in the Federal System is much different than in the state system. There is not much room for "plea Bargain" sentence is always harsh..................... (no parole etc.) If it happens in the special maritime district there is even less room. Its an interesting discussion but moot.

 

The "plea bargain" will essentialy break down to how much time he will serve NORTH of 18 years for a guilty plea (and thats hard time) not the charges themselves. Federal sentencing is so harsh, 93% of federal cases plead out

 

By contrast in State Court a "life sentence" can be as little as 12 years.

 

I'm confused by your post - on one hand you state that there isn't much room for plea bargaining, yet 93% of Federal cases plead out. I don't understand your point. 18 years is the minimum sentence for any murder - even 2nd degree?

[Woobstr112G]

The murder statute in the Federal System is much different than in the state system. There is not much room for "plea Bargain" sentence is always harsh..................... (no parole etc.) If it happens in the special maritime district there is even less room. Its an interesting discussion but moot.

 

The "plea bargain" will essentialy break down to how much time he will serve NORTH of 18 years for a guilty plea (and thats hard time) not the charges themselves. Federal sentencing is so harsh, 93% of federal cases plead out

 

By contrast in State Court a "life sentence" can be as little as 12 years.[ /quote]

 

What state considers 12 years as a life sentence.....:confused::confused:

 

Bob

[TNTLAMB]

The murder statute in the Federal System is much different than in the state system. There is not much room for "plea Bargain" sentence is always harsh..................... (no parole etc.) If it happens in the special maritime district there is even less room. Its an interesting discussion but moot.

 

The "plea bargain" will essentialy break down to how much time he will serve NORTH of 18 years for a guilty plea (and thats hard time) not the charges themselves. Federal sentencing is so harsh, 93% of federal cases plead out

 

By contrast in State Court a "life sentence" can be as little as 12 years.[ /quote]

 

What state considers 12 years as a life sentence.....:confused::confused:

 

Bob

 

Just about all 50 unless its an indeterminte sentence such as 25 years to life. In most states an inmate is eligible for parole after serving half his sentence. Then he is credited for good time which can reduce the sentence by half again. So 50 year sentence can result in 12 and half years In GA because of a fluke a murder can be out in 6 (not that it happens) as the state defined a life sentence as 25 year. Other states define it as much as 80 meaning they can be out in 20.

 

I'm confused by your post - on one hand you state that there isn't much room for plea bargaining, yet 93% of Federal cases plead out. I don't understand your point. 18 years is the minimum sentence for any murder - even 2nd degree?

 

18 is the min for manslaughter, 30 is the min for second degree murder, life without parole is the minmum for 1st degree murder. Plea bargaining in the federal system means pleading guilty to what you are charged with. The reality, however, is that, in most cases, prosecutors give up absolutely nothing in exchange for guilty pleas. Nevertheless, there is a huge incentive to plead guilty in federal court in cases in which a defendant has little or no defense to the charges. This is because the sentencing guidelines in federal court provide for a reduction of a defendant’s sentence by 2 or 3 levels if a person pleads guilty and, thereby, “accepts responsibility.” This can often reduce a sentence by at least a year and often by several years and is why so many defendants ultimately enter guilty pleas in federal court. This is about 10 year in the case of murder.

Edited August 1, 2017 by TNTLAMB

[Aquahound]

If it happens in the special maritime district there is even less room.

 

I'm not sure what you mean by that. There is no district for maritime cases. Maritime cases are prosecuted in the venue the suspect was brought ashore....in this case, the District of Alaska. The Special Maritime and Territorial Jurisdiction (SMTJ) is just a law (18USC7) that grants jurisdiction.

[TNTLAMB]

I'm not sure what you mean by that. There is no district for maritime cases. Maritime cases are prosecuted in the venue the suspect was brought ashore....in this case, the District of Alaska. The Special Maritime and Territorial Jurisdiction (SMTJ) is just a law (18USC7) that grants jurisdiction.

 

Thats true but the maritime sentencing quidlines are different and have been since 1984 and revised in the 2012 manual.

[CruzinNoony]

I'm curious as to when the first call was received by Passenger Services. My BIL (on the ship 2 cabins away) believes he made his call around 8:45. He also recalls a security guard WALKING down the hall after quite a bit of time had gone by. Perhaps, this wasn't taken as seriously as it should have been. Thoughts?

[triptolemus]

I'm curious as to when the first call was received by Passenger Services. My BIL (on the ship 2 cabins away) believes he made his call around 8:45. He also recalls a security guard WALKING down the hall after quite a bit of time had gone by. Perhaps, this wasn't taken as seriously as it should have been. Thoughts?

 

Yup, definitely the cruise line's fault somehow.

[mek]

 

Just about all 50 unless its an indeterminte sentence such as 25 years to life. In most states an inmate is eligible for parole after serving half his sentence. Then he is credited for good time which can reduce the sentence by half again. So 50 year sentence can result in 12 and half years In GA because of a fluke a murder can be out in 6 (not that it happens) as the state defined a life sentence as 25 year. Other states define it as much as 80 meaning they can be out in 20.

 

 

 

18 is the min for manslaughter, 30 is the min for second degree murder, life without parole is the minmum for 1st degree murder. Plea bargaining in the federal system means pleading guilty to what you are charged with. The reality, however, is that, in most cases, prosecutors give up absolutely nothing in exchange for guilty pleas. Nevertheless, there is a huge incentive to plead guilty in federal court in cases in which a defendant has little or no defense to the charges. This is because the sentencing guidelines in federal court provide for a reduction of a defendant’s sentence by 2 or 3 levels if a person pleads guilty and, thereby, “accepts responsibility.” This can often reduce a sentence by at least a year and often by several years and is why so many defendants ultimately enter guilty pleas in federal court. This is about 10 year in the case of murder.

 

OK- I really don't see much difference between someone accepting responsibility and reducing their sentence by 2 or 3 levels and and a plea deal in the regular court system, but my question is , if that happens is there still a trial?

[KiwiFunCruiser]

Oh Yes, let's blame the cruise line for all this.

[Lucky TGO]

Yup, definitely the cruise line's fault somehow.

 

How come it took so long before it became Princess Cruises fault ??

Tony