Kitsap Crime and Justice

The Kitsap Sun staff writes about crime and criminal justice issues.
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What’s a 3.5 Hearing?

July 17th, 2006 by josh farley

Richeal Rhoades, 22, a young Navy wife who allegedly let her own baby girldie due to neglect last November, will be in court today for a “3.5 hearing.”

A “3.5 hearing” determines if statements a defendant makes to police during
an initial investigation can be admissible at trial, according to Rhoades’
attorney Tim Kelly. He’s a criminal defense lawyer who has practiced in Port
Orchard since 1990.

At Rhoades’ hearing, testimony will come from Bremerton police officers, who
took statements from her during her arrest in early December, and members of
the Naval Criminal Investigative Service, who conducted a video interview
with her.

The “3.5″ refers to criminal rule 3.5, as established by the Washington
State Supreme Court, Kelly said.

The trial of Rhoades, who is charged with second-degree felony murder, is
slated to begin Sept. 11.

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6 Responses to “What’s a 3.5 Hearing?”

  1. Sharon O'Hara Says:

    .. Just a comment on the lack of a “Health and Fitness” Blog…
    Don’t patients, their caregivers, famlies and medical community have issues of Health and Fitness of benefit to Kitsap County Sun readers?
    Think about it. Crime, Roads, Bainbridge Island are all fine and good, but… why not add a subject that really matters?

  2. Adam Smith Says:

    What about the husband??? We haven’t heard anymore about him and what he might face since the incident. Remember, they went out to dinner; played on the computer, and then, he went to work; all while knowing the baby was dead and in the closet????

  3. Josh Farley Says:

    Adam,

    Last time I spoke with prosecutors, they told me they weren’t filing charges against him. I will be sure to ask them about it next time I talk with them.

  4. Elaine Wolcott-Ehrhardt Says:

    This case is so sad. An article last December said Rhoades was afraid to ask for help in fear her children being taken away. Now Judge Roof ruled pre-miranda testimony can be used in her trial. I did not sit in on that hearing, but it really bothers me that a judge would ignore Miranda Rights. Does this happen a lot in Kitsap? Does this happen everywhere? Why do we have Miranda Rights if they do not protect us? I suspect this happens more in Kitsap than other places. Maybe it is time to vote in new judges that respect our rights.

  5. Lonny Says:

    This whole case makes me mad. How can someone call them self is a mother and do this to their own child. Worse yet would have to be the report about the husband coming home and doing nothing. Charges of being an accessory should be filed. Then the finish she gets only 18 years in jail. I hope she does something with those 18 years to better her self. However, it will not matter when she gets out of jail. Her life is over. Who is going to heir a baby murder?

  6. Elaine Wolcott-Ehrhardt Says:

    I just so happened to be sitting in court the day Rhoades was brought in for the probable cause hearing. As they were taking her from the courtroom we made eye contact. Believe me when I looked in her eyes it was as if she was not even there or aware of where she was. I believe this is really a case of post partum depression. I find it hard to believe that her husband did not call right away. Who knows what was really going on in his head. He knew he lost a child and was going to lose his wife and most likley his other child too. 18 years is a long time for somebody to spend in jail because they were so debilitated they shut down. These are my own opinions from what I saw in that womans eyes and from other things I read about. What really makes me mad is Kimberly Forder not being charged with a crime that will send her away for life and then some. And her husband still being on the loose.

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