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Old 09-06-2013, 09:36 PM
 
Location: Seattle, Washington
2,533 posts, read 3,968,726 times
Reputation: 2816

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Well... after 6 months of delays my ex-roommate made some kind of a deal and I won't have to deal with testifying at a trial...

Alford Plea

Sexual Battery - 5 years prison
Sexual Battery - 5 years probation
Sexual Battery - 5 years probation

He was facing:

CHILD MOLESTATION
AGGRAVATED CHILD MOLESTATION
AGGRAVATED CHILD MOLESTATION
AGGRAVATED SEXUAL BATTERY
AGGRAVATED SEXUAL BATTERY
AGGRAVATED CHILD MOLESTATION
CHILD MOLESTATION
FALSE STATMENTS & WRITINGS
FALSE STATMENTS & WRITINGS

Yeah... he got off easy... at least till he meets his new friends on the inside.
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Old 09-06-2013, 10:12 PM
 
Location: Ft. Myers
17,759 posts, read 11,279,332 times
Reputation: 37910
Wow, so he actually admitted doing it ????? WOW !! You never know about people, do you. Hope the child is ok.

The guys were right, you were in no way implicated, they simply were going down the list of people who might have something to offer. When she realized you might actually hurt her case, she backed off and decided not to risk you getting up there and saying you saw nothing......which you evidently didn't.

Also, even though it has been a while, so sorry to hear about your Mom. That whole period had to be nerve wracking for you.

Don
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Old 09-12-2013, 03:51 PM
 
Location: Seattle, Washington
2,533 posts, read 3,968,726 times
Reputation: 2816
Quote:
Originally Posted by don1945 View Post
Wow, so he actually admitted doing it ????? WOW !! You never know about people, do you. Hope the child is ok.

The guys were right, you were in no way implicated, they simply were going down the list of people who might have something to offer. When she realized you might actually hurt her case, she backed off and decided not to risk you getting up there and saying you saw nothing......which you evidently didn't.

Also, even though it has been a while, so sorry to hear about your Mom. That whole period had to be nerve wracking for you.

Don
Thanks... and yes, I'm glad it's over.

I had NO IDEA. Makes me sick just thinking about it... and 5 years isn't enough.
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Old 09-13-2013, 07:01 PM
 
Location: Chambersburg PA
1,739 posts, read 1,765,744 times
Reputation: 1465
He actually only admitted that they had enough evidence to likely convict him, not that he actually did it.
Keep in mind, that in many states all that it takes is an accusation of a child 13 or under OR who claims they WERE 13 or under, to go to trial and possibly convict. they don't need any other actual evidence
So really, we still don't and won't know for sure if he was guilty or just scared into a plea.
Remember too, that a prosecutor will throw anything and everything they can at a defendant and see what they can make stick...that helps pressure a person into taking a plea
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Old 09-14-2013, 11:03 PM
 
Location: Ft. Myers
17,759 posts, read 11,279,332 times
Reputation: 37910
I don't buy that argument. No one in their right mind would plead guilty to such serious charges if they were innocent. They evidently had enough on him, and he knew it, so he simply took the lesser evil than going through a trial.

Regardless of everything we say about our justice system, you are still innocent until they can prove you are guilty.
Don
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Old 09-18-2013, 02:03 PM
 
Location: Chambersburg PA
1,739 posts, read 1,765,744 times
Reputation: 1465
Lots of innocent people take plea agreements. for example Brian Banks
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Old 09-18-2013, 06:14 PM
 
9,263 posts, read 9,330,591 times
Reputation: 29076
Quote:
I don't buy that argument. No one in their right mind would plead guilty to such serious charges if they were innocent. They evidently had enough on him, and he knew it, so he simply took the lesser evil than going through a trial.

Regardless of everything we say about our justice system, you are still innocent until they can prove you are guilty.

Its really not that simple.

A lot of it depends on what you are facing if convicted. Here's a hypothetical:

1. Albert is charged with Class A sexual assault on a child.

2. Assume for argument's sake, that Albert is falsely accused of this crime.

3. Albert can't afford his own attorney and is relying on the public defender for representation.

4. The principal evidence against Albert is the testimony of the child. Albert points out that the child is his girl friend's daughter and that the girl friend is very angry at him because he broke up with her and started dating another woman he liked better. They also have a dispute about some money he may or may not owe her. Based on this, the mother gets her child to make false accusations that Albert sexually abused her.

5. The public defender informs Albert that if convicted of Class A sexual assault that the sentence is 15 years to life in prison. The average offender serves 25 years before being paroled. On the other hand, if Albert will plead guilty to Class C sexual assault than the prison sentence is 5 years. Further, Albert may get out in 4 and 1/2 years if he gets credit for good behavior while in prison.

6. Finally, the public defender informs Albert that (a) no one is more hated than an accused sexual offender by a jury; and (2) that even when children lie, juries tend to believe their testimony.

What would you do? If you answer in less than one minute that "you'd insist on going to trial" than you haven't thought very deeply about this.

This perpetrator may well be guilty, but don't assume everyone who pleads guilty is. We make trials difficult and expense. In real life, juries are reluctant to give criminal defendants a reasonable doubt as to their innocence. Common thinking is "they wouldn't be here if they hadn't done something wrong".
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Old 09-19-2013, 11:36 AM
 
14,253 posts, read 15,380,124 times
Reputation: 13686
Quote:
Originally Posted by markg91359 View Post
Its really not that simple.

A lot of it depends on what you are facing if convicted. Here's a hypothetical:

1. Albert is charged with Class A sexual assault on a child.

2. Assume for argument's sake, that Albert is falsely accused of this crime.

3. Albert can't afford his own attorney and is relying on the public defender for representation.

4. The principal evidence against Albert is the testimony of the child. Albert points out that the child is his girl friend's daughter and that the girl friend is very angry at him because he broke up with her and started dating another woman he liked better. They also have a dispute about some money he may or may not owe her. Based on this, the mother gets her child to make false accusations that Albert sexually abused her.

5. The public defender informs Albert that if convicted of Class A sexual assault that the sentence is 15 years to life in prison. The average offender serves 25 years before being paroled. On the other hand, if Albert will plead guilty to Class C sexual assault than the prison sentence is 5 years. Further, Albert may get out in 4 and 1/2 years if he gets credit for good behavior while in prison.

6. Finally, the public defender informs Albert that (a) no one is more hated than an accused sexual offender by a jury; and (2) that even when children lie, juries tend to believe their testimony.

What would you do? If you answer in less than one minute that "you'd insist on going to trial" than you haven't thought very deeply about this.

This perpetrator may well be guilty, but don't assume everyone who pleads guilty is. We make trials difficult and expense. In real life, juries are reluctant to give criminal defendants a reasonable doubt as to their innocence. Common thinking is "they wouldn't be here if they hadn't done something wrong".
Some very good points in this post

Again, when I served on a Grand Jury and we had a few sexual abuse cases. First, there was a tendency for revulsion at the acts being described to cloud the jury's judgement as to whether the defendant had actually committed them and second, there is a tendency by some jurors to always side with the prosecution (a minority on our jury).

That is real life.
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Old 09-19-2013, 05:16 PM
 
Location: FL
1,400 posts, read 1,262,674 times
Reputation: 1997
Quote:
Originally Posted by Kees View Post
Thanks... and yes, I'm glad it's over.

I had NO IDEA. Makes me sick just thinking about it... and 5 years isn't enough.
Agreed, and with those serious charges I would guess he was on no-bond status so if he was arrested back in spring 2011 and pled out now , he'll likely get credit for the 2+ years served in county awaiting trial and only have to serve 85% of the remaining 2 something years.
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Old 09-24-2013, 11:54 AM
 
7,112 posts, read 9,384,016 times
Reputation: 8163
On the bright side, this may give any other victims the courage to come forward and convict him of even more. And he'll be on police radar forever and a day.
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