Pistorius Sentence, Stephen Collins Therapist Obligations and Hannah Graham Remains Found?

Former criminal prosecutor and TV personality Loni Coombs discusses the biggest legal topics of the day, including the Oscar Pistorius sentencing, the implications for Stephen Collins’ therapist in light of his alleged molestation confession, the start of the Jodi Arias penalty phase process and possible remains of Hannah Graham being found.

“I thought five years was appropriate. I think five years IN PRISON is appropriate,” said Loni about the Pistorius sentence, explaining that she personally had speculated he might receive two years in prison and three more of home confinement. “After we get out of court, Oscar Pistorius’ attorneys come out and say, ‘Well, the section that (the judge) sentenced him under – if it’s a five-year of less sentence – he’s actually eligible for house arrest after 10 months.’

“The prosecution was asking for 10 years - which was really high compared to other sentences we’ve heard for culpable homicide – the defense was asking for three years home probation with community service, which is unusual,” Loni said. “I think the five years was fair, but I didn’t know there was that wrinkle in the law. I think if she had wanted him to do the hard time, she would have given a little more than five years, so that little kick-out time would not have applied.”

Moving to the latest developments in the Stephen Collins alleged molestation case, the discussion focuses on indications that neither the LAPD, nor the NYPD is likely to prosecute the actor because of the statute of limitations and other factors relating to the allegations, which date back to the ‘70s and ‘80s.

Collins’ wife at the time, Faye Grant, was present at the therapy session during which the 7^th Heaven star made the confession, and says she provided an audio recording of it to the police. The question is then posed, should the therapist who conducted the session also have reported the information to police?

Loni said this remains a complicated question because much information shared by a patient with a therapist is covered by confidentiality regulations. “So a lot of things you think should be reported, but aren’t. Technically, it is only if there is imminent deadly force about to be used – if they think someone’s life is in danger, they can report that.”

She points out that while some laws have changed in California in recent years pertaining to mandatory reporting of crimes by therapists, teachers, etc., these would not be applicable in the Collins case because the actual victims would have been required to report the abuse within a certain number of years of turning 18 - a period that long since passed.

Despite the law in California requiring both parties of a conversation to consent to being recorded, Loni cited an exception to the law when one party believes a felony is about to be committed. It is believed that Collins’ ex-wife was informed by her lawyer that this was such a case and that she was therefore allowed to record the therapy session without Stephen’s knowledge.

On the beginning of the penalty phase in the Jodi Arias trial - during which it will be decided whether she receives the death penalty or life in prison - Loni said it is not surprising that the death penalty is being sought, since it is now being applied to many Arizona murder cases.

“Arizona started out with seven factors, now it’s up to 14, and it’s trying to add another one. So a lot of defense attorneys are saying, ‘Look, you have so many factors now, essentially any murder case that comes through here, you can apply the death penalty.’”

Loni adds: “With Jodi Arias, you have all of this (evidence) – audio tape, you have the photographs of the actual killing going on – so it’s a very strong case, that’s why they didn’t even offer a plea.”

Turning to the fast-moving developments in the case of missing Virginia student Hannah Graham, whose remains have possibly been found in an area not far from where she was last seen with the suspect in the case, Jesse Matthew.

Loni discusses additional cases prosecutors are now pursing with Matthew as a suspect. One of those cases involves a victim who alleges she was assaulted by Matthew, but managed to get away. “She actually came forward when it happened, and she filed a report. It’s been pending out there, they just didn’t know who it was.

“What’s interesting is that as soon as they arrested Jesse, they tied him to the Morgan Harrington (murder) case in 2005. They’d always said the Morgan Harrington case was tied to this previous victim’s case, who was still alive. And now they’ve filed the case of the victim who is still alive. They filed an attempted first-degree murder, an abduction and penetration with a foreign object. So it kind of follows along what they’ve been saying he did to these other girls.”

The latest link to this victim will be crucial in the case against Matthew because she is alive and will fully cooperate with the prosecution.

Watch the full episode to also get analysis of the case of the so-called heroin hooker - who has been linked to the drug overdose death of Google executive Forrest Hayes – and is now mounting a new defense that she didn’t call 911 when Hayes fell unconscious because she was too overcome with heroin herself.