Monday, September 14, 2009

Robbie Bell files motion to dismiss lawsuit

Robbie Bell filed a Motion to Dismiss Elizabeth Hall's lawsuit against her in Hinds County Circuit Court Friday. The motion states:

"2. Plaintiff claims that Defendant breached a legal duty owed to Plaintiff by not alerting authorities when Defendant's son, George Bell, III, allegedly left Defendant's house to kidnap Plaintiff. Plaintiff further claims that while Plaintiff was allegedly being held captive at Defendant's house, Defendant breached a legal duty owed to Plaintiff by not alerting authorities.

3. Assuming all facts alleged in the Complaint are true, which is denied, Plaintiff has failed to state a claim against Defendant upon which relief can be granted.

4. Assuming all facts alleged in the Complaint are true, which is denied, Defendant owed no legal duty to Plaintiff and/or Defendant's alleged braeach of legal duty was not the proximate cause of any alleged damage to the Plaintiff." (Motion will be uploaded later today.)

The motion was filed on September 11, 2009, two years to the day after Heather Spencer was murdered by Robbie Bell's son. The timing of the motion's filing says more about Ms. Bell's character than anything in the motion itself. Bell and Burwell's actions are disgusting and show what despicable lengths Ms. Bell will go to in order to win this fight. Copy of police report

Earlier post on lawsuit

41 comments:

Learned Hand said...

What a piece of garbage. Just goes to show that you should never think your opinion of someone is as low as it can go.

Anonymous said...

Which Burwell are you referring to?

Justin said...

Ughh. Classless. Absolutely classless.

Anonymous said...

So despicable. Just sickening.

Curt Crowley said...

Fish, I must say that, from a moral standpoint, Robbie Bell may deserve to have many, many horrible things happen to her. I can't imagine the horrible suffering Ms. Spencer experienced. And as a father of two young girls, I don't want to even think about what she went through.

From a legal standpoint though, assuming the plaintiff's claim is that Ms. Bell failed to report a crime, that's not against the law and doesn't give rise to tort liability.

If she actively did something else that actually assisted in the assault/kidnapping/murder/death, then that's a different story.

As sad as it is, this may be one of those cases where the law--like the perpetrator--is an ass.

Anonymous said...

right you are curt. exactly right. mere presence at a crime scene is no crime itself and without some aid, abetting, or encouragement, its not participation; further, despite the urban myths, there is no duty to call the cops when you see or acquire knowledge of a crime.

Anonymous said...

4:33 - Tell that to Zach Scruggs. Just sayin'.

Anonymous said...

Does Robbie still have friends?

Why?

Are they all stupid?

Or just trash like her?

Matt Eichelberger said...

Anon @ 4:33 - Misprision of a felony, the crime for which Zach Scruggs was convicted, requires concealment of the felony in addition to a failure to report it.

It arose as a crime some 600 years ago in England, because of a duty placed upon English citizens at the time to alert authorities to serious crimes. We don't see fit to impose the same duty in our country, and that difference stems from the same vein of logic that underlies our Bill of Rights, but particularly the rights given to us in the Fourth, Fifth, Sixth, and Eighth Amendments.

Anonymous said...

When George left Robbie's house that morning and she, then all alone, did nothing to report the dead body or murdered Heather Spencer then present in her house how in the hell wasn't that concealment of a felony?

Anonymous said...

If she had gotten help the poor girl might have lived. That is a crime- how can she live with herself.

Anonymous said...

IF the law actually doesn't hold a person responsible when they know a murderer is on the loose and headed to the home of another potential victim, then the law needs changing and fast.

Curt Crowley said...

Anon@4:33, that's actually a good point.

For months now, news articles have reported that Zach plead guilty to "knowing about a felony but failing to report it." In addition to being wrong, it's terribly misleading.

Matt hit the nail on the head. Not only did Zach "know about a felony and fail to report it," but he also took affirmative steps to conceal it. That's the difference.

6:05, merely not reporting the crime doesn't meet the legal definition of concealment. She would have to take some affirmative action to conceal the crime. Just keeping one's mouth shut, without more, is not a crime.

Again, perhaps the law is an ass on these particular facts.

Anonymous said...

So Curt you are saying that there could be five, ten, fifteen dead bodies in your house but as long as you had nothing to do with the murders and as long as you have done nothing to obscure the fact from, I suppose, even an accidental discovery you are under no obligation at all to contact authorities that there are murdered people in your house.

Anonymous said...

The law of common sense would hold Robbie Bell accountable for her actions that evening,night,morning

Kingfish said...

So tell me why THIS wouldn't apply:

§ 97-9-105. Hindering prosecution in the first degree.

(1) A person commits the crime of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a felony, he renders criminal assistance to the other person.

(2) Hindering prosecution in the first degree is a Class 1 felony.

Sources: Laws, 2006, ch. 387, § 3, eff from and after July 1, 2006."


§ 97-9-103. Hindering prosecution or apprehension; definition of "criminal assistance."

For the purposes of Sections 97-9-105 and 97-9-107, a person "renders criminal assistance" to another if he knowingly:

(a) Harbors or conceals the other person;

(b) Warns the other person of impending discovery or apprehension, except that this paragraph (b) does not apply to a warning given in connection with an effort to bring another into compliance with the law;

(c) Provides or aids in providing the other person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;

(d) Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; or

(e) Suppresses, by an act of concealment, alteration or destruction, any physical evidence that might aid in the discovery, apprehension or conviction of the other person.

Sources: Laws, 2006, ch. 387, § 2, eff from and after July 1, 2006.

Hookah said...

One day Robbie Bell will stand before the "One True Judge" and have to atone for her sins with her soul.

Curt Crowley said...

Fish, it's all going to depend on whether she committed an affirmative act of concealment. If she did, you're absolutely correct that she violated the hindering prosecution statute (and numerous others).

My point is she has to actually do something to conceal the crime. Most of the discussion I've seen on this point has focused on her failure to report, rather than some action to conceal the crime.

Anonymous said...

What I want to know is does Robbie Bell have any serious money? I'm thinking she does not. Doesn't she still work?

Robbie Bell should be in prison with her sorry, druggie son. She has to at least be part of the reason he turned out so sorry. Even in the end she didn't know when to say no to him and get Heather help.

Kingfish said...

Curt, there is the "harbor" part of the statute. I would think the state has a strong interest in stopping people from hiding criminals so the MSC would probably advise a broad interpretation of that section.

Anonymous said...

Curt, from the various documents that KF has posted, after Judge Bell left Trawick Robbie in turn fled with George because George feared that Judge Bell was going to contact the authorities. I've not seen anything, anywhere, that indicated police believed Robbie was ordered to leave with George against her will.

Anonymous said...

Curt: Affirmative act of concealment - you are correct, sir. What makes you think ALL of the incident reports and documents regarding the horrific turn of events were posted on the Jackson Jambalaya blog or were made public by other media outlets?

In addition, have you read the 6-2-08 Francomb complaint? Didn't this case partially settle recently?

The complaint specifically mentions Robbie actions (or lack thereof):

"by negligently misrepresenting to one or more persons that there was no
need for assistance, law enforcement, and/or security with respect to
conditions at or on the premises"

&

"Notwithstanding the existence of such duty, on September 10,2007 and or September 11, 2007, Defendant Robbie Bell did negligently misrepresent to one or more
persons matters and/or conditions of fact, and or failed to disclose material matters and
conditions of fact, relative to the circumstances present at her residence on September 10,
2007 and/or September 1 1, 2007. By communicating such misrepresentations of fact,
and/or failing to communicate material facts, Defendant Robbie Bell breached such duty"

Kingfish said...

My point I left out is there is more than enough in my mind to GO TO TRIAL and avoid a dismissal. I think the questions of whether her conduct rose to the level of liability are best decided by a trial and not a dismissal.

Anonymous said...

KF, there is also the part where she provided a gun for him that was used in the kidnapping and the standoff....if memory serves me correctly...there were no reports of it having been stolen.

Was there a stolen gun reported by her? Assisting and concealing.

Oh...and then the problem with the guns having actually been returned to her that should not have been.

Anonymous said...

What the heck? A Judge (a relative of the murderer)actually came to the murder scene prior to police intervention? WTF? This can't be correct... Does this person still serve in a judicial capacity?

Read the police report: "I was asked to speak confidentially
to George as a lawyer."

Would that be the same person, Judge and/or attorney that represented Robbie when she would not give a statement to JPD after the stand-off concluded.

What the hell is going on in Jackson? Does anyone know if there is any truth to all of this? A actual Judge? How disgusting.

I am really starting to think this blog may be on to something in which contains a disgustingly enormous shock value of reality.

There really must be A LOT more to this story than what was reported. Amazing (and pathetic) how many arcane events have unfolded from this case. Not to mention, the good old Peters representation of Robbie (and which Judge was going to hear Robbie's case? - last I heard he resigned and is facing sentencing)

Anonymous said...

Go back and print you out a copy of the police reports and study them.

You might be surprised at what length's this all has gone to.

Anonymous said...

It is just a motion. Nothing has been granted yet. Burwell is representing his client. I won't fault him for that. Being a good lawyer usually makes you unpopular.

Anonymous said...

7:53 Robbie's parents had significant money. Her mother was still living at the time of the murder but I understand she not well enough to be aware of what had happened.

I do now know if Robbie had/has a trust fund or what her inheritance might be.

I don't fault Mr. Burwell as I doubt that he has the defense option of settling available to him. He has no choice but to defend his client as best he can.

Ms. Hall doesn't have to sacrifice justice to be compensated for the horror she experienced.

Jim Craig said...

Keep in mind that there is a difference between a statute which creates criminal responsibility and tort liability. So none of the Zach Scruggs analogies make any real difference here.

The definition of civil conspiracy is “a combination of persons for the purpose of accomplishing an unlawful purpose or a lawful purpose unlawfully.” Levens v. campbell, 733 So. 2d 735 (Paragraph 32)(Miss. 1999).

The conspiracy can be inferred from conduct.

So, if there are facts showing that Mrs. Bell implicitly worked with her son to prevent Ms. Spencer from receiving life-saving aid, I think there may be a civil claim for wrongful death here. Proof that only shows she helped cover up the homicide after death, may not be sufficient, because there may be no damages to Ms. Spencer or her survivors from that act alone.

Anonymous said...

Did Robbie Bell take the 5th
when criminal charges were brought against her? and then, mr pampadour himself dropped all charges because lack of evidence???

Anonymous said...

11:00am Ms. Hall was kidnapped, threatened and surely feared for her life. Ms. Bell was present. Ms. Bell knew her son had committed one murder and he left Ms. Bell alone in the houseand able to communicate as she called Judge Bell.

If it's true the law can't hold her criminally and civilly liable responsible, the law needs to be changed.

Anonymous said...

An actual Judge showed up at the murder scene?

Anonymous said...

Anyone know who this Judge Bell is?

Did the media actually miss this element? A Judge was called to the Robbie's house where Heather's dead body and her kidnapped roomate were (BEFORE the police being notified)?

There's your NBC Dateline story.

Robbie called A JUDGE? With a kidnap victim and a dead body in the house? Sickening.

Anonymous said...

YUP. A judge who is also a relative. No conflict of interest there, huh? BEFORE the police were notified. She also freely walked outside of her home to call him before he came over.

Anonymous said...

Judge Bell did the right thing. He got Ms. Hall out of the house, fled with her( tried to persuade Robbie to come with them) and contacted authorities.

The minute Robbie walked into her house and saw all that blood ( which she would have), she should have fled to a neighbor's and called 911.

I'm still stunned by all the legal jargon that seems to argue that when you know someone is horribly injured and dying or dead, it's ok to just ignore it. That needs to change if true.

Anonymous said...

I think from reading the police report that you can not fault the uncle (Atty Bell) I didn't realize he was any kind of judge but I really think has actions were appropriate.

Anonymous said...

Is it true Robbie still lives in the house where the horrific acts were committed?

What a truly despicable, disgusting, heartless, woman. How does she live with herself? And to have the audacity of allowing her attorney to file the Motion for Dismissal the same day Heather was murdered, says a lot about her character.

How many other Judges in Hinds County preview murder/crime scenes? Talk about a classy family.

Anonymous said...

Is it true Robbie still lives in the house where the horrific acts were committed?

What a truly despicable, disgusting, heartless, woman. How does she live with herself? And to have the audacity of allowing her attorney to file the Motion for Dismissal the same day Heather was murdered, says a lot about her character.

How many other Judges in Hinds County preview murder/crime scenes? Talk about a classy family.

Anonymous said...

PLEASE DO NOT VOTE FOR JIM HOOD!

Anonymous said...

She's still in her house. Who the heck would buy it?

Anonymous said...

Stedivest?



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