Destrehan Teachers Sex Scandal

Discussion in 'New Roundtable' started by wjray, Oct 1, 2014.

  1. fanatic

    fanatic Habitual Line Stepper

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    If I were innocent of something of that magnitude, taking a plea deal (to me) would almost be like admitting guilt. Then again, if the plea involves not going to jail, I would have to think long about that. Everyone knows what happens to perceived child molesters in jail. But by taking the plea and staying out of jail, everyone thinks you're a pedophile. That's a stigma that never goes away. Man, what an awful position for an innocent person to be in.
     
  2. Bengal B

    Bengal B Founding Member

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    You would be screwed no matter what you did. Jerry Sandusky would have gone to prison even if he took a plea but he fought it and lost. The evidence against him was way too much. Even now he swears he is innocent. I don't believe that and neither does anybody else.
     
  3. fanatic

    fanatic Habitual Line Stepper

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    Yeah, that's kind of what I mean. Too much evidence in the Sandusky case for anyone to believe he's innocent, but for someone who was framed by a vindictive ex, even if they're found not guilty or they reach a plea to stay out of jail, there will always be a stigma associated with that person.
     
    Last edited: Oct 14, 2014
  4. Bengal B

    Bengal B Founding Member

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    You could even buy a laptop on Craigslist or something from a pedophile too stupid to delete his hard drive. Its scary when you think about it.
     
  5. wjray

    wjray .-.. ..- -.- .

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    You've pretty much hit the substance of the come to Jesus meeting I have with all of my clients. It goes something like this: here's the state's evidence, here's the evidence we will put on, here's the offer from the state, here's the maximum sentence you can receive if convicted (and Louisiana only requires 10 out of 12 jurors to convict). What are your instructions to me?

    I also make sure to tell them that, no matter the verdict, unless I pull my pants down and tell the judge to kiss my ass, I'm going home to my wife when the trial is over. I CANNOT promise the same for them.
     
  6. wjray

    wjray .-.. ..- -.- .

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    Eh. I could work with that if: 1) you can show some proof of sale with a date, 2) the files were created before the sale date, and 3) law enforcement was notified as soon as the files were discovered.

    Now if your ISP records show downloads (usually by a peer to peer transfer) after the sale date to your ISP address then you've got some problems.
     
  7. fanatic

    fanatic Habitual Line Stepper

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    Although just an assumption on my part, I suspect most of those clients are guilty. Have you ever had one that you knew was innocent that had to make a choice like that? (Plead guilty and do less time/probation or fight for innocence). Do you ever encourage them, one way or the other, based on the discovery evidence from the prosecution?
     
  8. wjray

    wjray .-.. ..- -.- .

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    I gave up a long time ago trying to figure out if clients are guilty or not. I've had a few who have had reasonable defenses but the ultimate choice whether to go to trial or not is always the client's decision. I never encourage. I do advise of the potential consequences of decisions.

    Maybe this helps: A couple of years ago I had a guy in his 50s who was charged with creation/operation of a meth lab. He allegedly rolled up to a house where the cops had just busted the occupants for making meth and had seized a working lab. My guy said he had gone there to look at a motorcycle that was supposed to be for sale. There was a motorcycle on the property but no explicit evidence that it was for sale -- no sign or anything like that. My guy had a brand new packet of sudafed in his truck. Sudafed, of course, is a key ingredient in making meth.

    He had no record. The NPLEX log showed that was the only box of sudafed he'd bought in about a year. We had a preliminary hearing and the judge found probable cause for the arrest (because the law is so broad) but noted on the record that the probable cause was thin. My guy turned down all plea offers until the day of trial. I prepare for trial. The Monday of trial week, the state again offers a probated sentence, with a substance abuse evaluation, and the judge agrees to defer sentencing meaning that my guy -- if he accepts and successfully completes probation -- will have his record cleared. My guy takes the deal (which was the same he had been previously offered).

    Fast forward to last month. I see him in court on a probation monitoring day. He tells me he's had the substance abuse evaluation and completed the recommended treatment. He's feeling better than he has in years. He's also been a model probationer -- hasn't jumped residences, has a job, hasn't picked up any new charges and has paid all of his fees. I relay all of that to the judge and my guy's version is backed up by the written report from his probation officer. The judge terminates his probation early and satisfactorily -- meaning the charge is now dismissed. Bottom line cost to my guy: about 2 years on probation, maybe $2,000.00 in court, probation and treatment fees but a clean record. Had he gone to trial and lost he probably would have gotten a five year sentence but would have been out in about 15 months and on probation for the remaining 45 months. After that he would have been eligible for the governor's standard first time offender pardon, which can take up to a year to be processed.

    Was he guilty? Did he go to that house on a Friday night intending that the sudafed he had in his possession be either traded for meth, sold to the guy cooking meth and/or used in a subsequent meth cook? Or was he there to see about buying a motorcycle and got caught up in a bad situation? You tell me.

    All I know is that I laid out the evidence and the options for him and when it came time for him to roll the dice he walked away from the table.
     
  9. fanatic

    fanatic Habitual Line Stepper

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    I get it. I just think it sux for someone who's truly innocent to have to weigh those options. It probably doesn't happen a lot, but I'm sure it happens more than it should.
     
  10. wjray

    wjray .-.. ..- -.- .

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    Absolutely would suck for someone truly innocent. But I don't think that happens nearly as much as some people might believe. I'll put it to you this way -- by the time I generally get involved in a case, cops have interviewed witnesses, judges have set bonds and assistant DAs have reviewed the paperwork and made a charging decision. Do things slip through the cracks? Sure. But I don't think it happens often.
     
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