froginmn
Full Member
Maybe so, but a lot less brutal than being drugged and repeatedly raped.
The Baylor - McLennan County Rape Cover-up Collusion Is Still Going Strong
- Thread starter TCUdirtbag
- Start date
If he is innocent why did I seek an indictment? If he is innocent why am I seeking a charge at all? That’s the craziest thing I see prosecutors do. Plus unless I am faced with evidence my victim is flat out lying reasonable doubt is a jury question
frogs9497
Full Member
Of course, I don't think he would have walked across regardless. I imagine he's trying to keep his face out of the public eye for as long as possible.
GoFrog Yourself
Active Member
Both sides negotiate a deal to present to the judge. Once presented, the judge has discretion to accept or reject the plea. The DA offering a plea generally has nothing to do with the weight of/lack of evidence that will be presented. Many pleas are sought by both sides in order to avoid a lengthy trial and the inherent risks of trying a case
Mean Purple
Active Member
So would it be considered normal, or would it be considered rare, for a judge to not accept the plea deal?
One would think that letting a guy basically cruise without jail time is a far worse option than a lengthy trial and the risks. They had to have something there to get him on unlawful restraint, including putting him at the scene of the crime.
Froglaw
Full Member
Innocent people get indicted all the time.
A Grand Jury normally only hears what the ADA wants them to hear. So the DA, an elected official, can keep his press image very high. If an accused wishes to testify before a Grand Jury, he must do so without the presence of defense counsel. What lawyer would ever allow his client to open himself up to a sworn statement without the ability to object to questions and scope of examination.
A Grand Jury is not a trial on the merits.
An indictment is not a conviction based on the facts of the case.
An indictment means the ADA was able to prove enough facts to show that a crime might have been committed.
The ADA is not required, and rarely does, present exculpatory evidence.
It is the Law's version of the WWE without the referee.
Hundreds of convicted rapists, murders, etc. are being set free because of DNA testing.
I'm not as comfortable with the death penalty as I used to be when I got out of law school. Too many innocent people have been executed because of flawed prosecutions.
HFrog1999
Member
And I also found out the hard way that if a DA chooses not to bring charges, there’s nothing a victim can do about it.
The past few years, (especially this) have completely destroyed my faith in the justice system.
GoFrog Yourself
Active Member
I’m not a prosecutor nor in criminal defense, but would presume a judge disregarding a plea is rare.
“Letting a guy cruise” is not what happens. The defendant is typically sentenced to probation, community service, and other punishments that seem lighter in relation to jail time.
You also have to remember “beyond a reasonable doubt” is a tall burden for the prosecutor. If anything comes up at trial to cast doubt, the defendant walks
Ii
Your point was the plea is good or acceptable in the Waco case and now you are making a case of actual innocence for the guy. If he is innocent, how the scheiss is pressuring him into a plea to a lesser justice? If you can reconcile that plea deal with the victim’s allocution your mental gymnastics are better than mine. FWIW bews accounts indicate there IS DNA in this case. This appears to be a split the baby plea because the DA feared an NG but whether it was that or offing a lesser to an innocent defendant under pressure, it was not justice. Under the victim’s story the guy was guilty of sexual assault. Juries exist to resolve this kind of case
Dude I’m a lawyer. I’ve handled literally thousands of sexual assaults, Botha as a prosecutor and a defense lawyer. I know what a GJ does. If used properly, the GJ is where you dump bad cases. Thanks for the lesson though.
Your point was the plea is good or acceptable in the Waco case and now you are making a case of actual innocence for the guy. If he is innocent, how the scheiss is pressuring him into a plea to a lesser justice? If you can reconcile that plea deal with the victim’s allocution your mental gymnastics are better than mine. FWIW bews accounts indicate there IS DNA in this case. This appears to be a split the baby plea because the DA feared an NG but whether it was that or offing a lesser to an innocent defendant under pressure, it was not justice. Under the victim’s story the guy was guilty of sexual assault. Juries exist to resolve this kind of case
And I would add that in this day any prosecutor who doesn’t present known exculpatory evidence to a GJ may very well be opening himself up to a serious ethical complaint. At a minimum he fails the spirit of the law test.
And lastly I would note this is an 11th hour plea from the office of a lame duck disgrace of a DA who lost by twenty points in his own party primary. Everything about the deal stinks to high heaven
ShadowFrog
Moderators
Brutal?
For a rapist?
Nope. No sympathy here.
Let’m go University of Phoenix route.
Then he can work for his daddy or defense attorney as a consultant for baylure play-a ‘s.
frogs9497
Full Member
We know how much Froglaw likes insurance companies.
But I’ll bet he pays premiums to one.
Eight
Member
my only question is who is getting billed for this thread?
Froglaw
Full Member
Big Frog II
Active Member
Law and Order Killerfrogs
Starange take. You absolutely have failed to engage in any salient point. I guess when you many argue the facts or the law you just argue.
Better job, Counselor
*can’t argue
