Couple Charged in the Death of 6-year Old Boy Stapled to the Wall Appear for Probable Cause Hearing in Oakland County Court

Madison Heights, MI | Couple charged with first-degree murder and child abuse: Daniel Giacchina and Elaina Jennings for the alleged confinement, torture, and death of Elaina’s 6-year old son, Giovanni “Chulo” Jennings appeared for brief probable cause hearings, held severally, this past Wednesday, August 15, 2024 before Magistrate Michael Mitchell, 43rd District Court via Zoom.​

​Elaina Jennings and Daniel Giacchina appeared with their attorney.

Elaina Jennings and Daniel Giacchina

​They are both represented by Attorney Jordan Zuppka of Royal Oak, MI

​Probable Cause Hearing
APA Sarah Greene, Oakland County’s Prosecutors office, reported over 200 pages of actual discovery and an additional 200 files of interviews, photographs, and body cam footage identified that need to be forwarded to the defense.

Parties agreed the hearings would be more productive if reset for a later date due to the voluminous amount of discovery involved.
​
Magistrate Mitchell determined it would be in the best interest to waive the 21-day rule in both the Giacchina and Jennings’ cases and found “good cause” to adjourn the hearings based on the ongoing investigation and due to only a portion of the discovery being tendered with a lot more outstanding.

Daniel Giacchina appears for probable cause hearing in the 43rd District Court, Oakland County.

During his hearing, the defendant Daniel Giacchina attempted to object to delaying the proceedings but was not acknowledged by the court.

Elaina Jennings made no objections to the delay and appeared to cooperate with the court’s decision.

The probable cause hearing was reset for September 11, 2024 @11 a.m.

Conflict of Interest
Parenthetically, it should be noted that joint representation of codefendants is uncommon in criminal matters.

​The cases of Daniel Giacchina and Elaina Jennings gives rise to the potential for conflict of interest that could lead to a mistrial.

Similar to the James and Jennifer Crumbley case in the Oxford High School mass shooting where Judge Cheryl Matthews took the initiative to appoint independent counsel for both defendants to advise them without replacing their current attorneys.

In the Crumbley cases which were eventually severed, Judge Matthews asserted that incompatibility positions may arise at any moment and expressed concern for the protection of their individual rights should these or other conflicts arise, in addition to the potential for appeal based on claims of ineffective assistance of counsel (IAC).

The court has not yet addressed this issue at this stage of the process but will likely have to obtain waiver’s from Giacchina and Jennings if they are going to continue to be represented by the same attorney.

Death of Giovanni “Chulo” Jennings
Daniel Giacchina and Elaina Jennings, mother of 6-year old Giovanni "Chulo" Jennings have been charged with first-degree murder and child abuse following the July 30th death of the child, who died from blunt force trauma and a perforated abdomen reportedly due to being punched in the stomach multiple times by Elaina's boyfriend, Daniel.

Oakland County Prosecutor, Karen McDonald said in a press conference on August 9th that Chulo died after a lengthy period of confinement and abuse.

Little Chulo was allegedly starved, beaten, shot with a BB gun,, and held captive in the corner of a room where he slept on an 11 x 36 inch slat while being stapled to a wall held down with restraints

Prosecutors report that he was monitored by his abusers via a security camera kept in the home to make sure he wasn't "misbehaving."

“Misbehaving" was described by prosecutors as the child attempting to drink, urinate, or escape.

6-year old Giovanni "Chulo" Jennings

The mother, Elaina, was charged because she is said to have not only been aware of the abuse but sometimes encouraged it.

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