**verdict in post 64* ANOTHER UPDATE POST 101 101

[Dar]

******ANOTHER UPDATE*****

I just got a call from the crown attorney... he was also charged with breach of probation because he was on probation at the time he assaulted my son.

When the judge heard ALL his priors and the fact that a past probation officer noted he was at a high risk to re offend... the judge was mortified....

she gave him the MAX for a breach of probation which is 4 month closed custody + 3 additional years probation which is again the MAX... the defense asked for a week to get his affairs in order... judge said H*LL NO... and ordered him into custody right away..

so right now he is on his way to jail... ok its not forever but something is better then nothing!

 

[noodleroo]

Well, at least you know the judge cares. It may not be what you'd hoped for, but at least there was SOME consequence for his behavior.

 

[sfw2]

Thanks for the update, Dar. With any luck, his fellow inmates will find out why he's back in, and he won't make it through the four months . . .

 

[WriterofWords]

I've been watching and hoping for a good outcome. I understand how you are feeling, during the 2007 2008 school year I reported abuse for a student and we are still going through pre trial and such. I was subpoenaed again to be in court Oct. 11 and it was put off until Oct 26 because he might go for a plea,, he knows he's looking at a lot of years in prison and is fighting hard. People like your accused don't last long in the system, let's hope the others find out why he is there.

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[Sonoran Silkies]

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That is pretty different than our US system. The judge is usually informed of all the particulars of a case, and determines whether or not the jury is allowed to hear them.

 

[Sonoran Silkies]

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I hope there is some reason for an appeal; perhaps the two jurors who were tossed? Did they have or say anything to other jurors at any point after looking him up? Seems like that would taint the entire jury, and ought to be a mistrial. I can understand why arrests for a similar crime cannot be mentioned; but I would think that CONVICTIONS (expecially since there was more than one) ought to be admisable. If the judge disallowed it, and there is law or precident backing up including it as pertinent information that might be grounds. Despite the verdict, do you think the prosecutor presented the case well or poorly?

I don't think the prosecution gets another shot at it, but again we're talking about Canada and I don't know their laws. Usually you can't keep going after and going after a defendant.

Convictions are usually allowed in a punishment phase of a trial in Texas, but can be kept from the jury during the guilt or innocense phase. Usually other convictions in felonies cause the charge to be what is called 'enhanced', or a higher degree of felony because of the prior convictions.

I know that in US there is no appeal for things that were presented and argued in court, but judicial rulings that limited or excluded information that should have been included, or other incorrect rulings or misconduct can allow appeal by the prosecution. Yes, the defendant has a great deal more opportunity to appeal. One reaon that many cases are not prosecuted, or are settled for lesser charges, is that if there is any reasonable doubt, the jury is supposed to rule "Not Guilty." "Not Guilty" is not the same as "Innocent" (a ruling lacking in the US System), which is where the jury is certain that the accused did not do the crime. "Not guilty" means that they are not completely certain that he is guilty, not the same thing at all as "Innocent."

 

[noodleroo]

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I guess Canadian rules of court are different. An appeal is about one side or the other doing something that should not have been allowed by the court. Its not about the ruling; its about following proper procedures. Its interesting to see how other states and countries criminal justice system is applied. I just work with the one in Texas and the learning is never ending...

 

[Whispering Winds]

I just hope someone in jail knows who he is and passes the word. Been following this for some time, and just appalled at how it turned out. I agree, some time is better than no time, and let's just hope the world behind the bars takes care of the rest.

 

[Dar]

If the crown attorney feels that the judges instructions "the charge to the jury" was not correct that right there is grounds for appeal

if the crown feels that there was jury tampering (ie.. the juror googling) thats grounds for a mistrial

but aside from that you are correct there is not much wiggle room for the crown... but we have 2 very strong arguments for an appeal... it will also depend if my son wants to go through that again too

 

[littlefarm_bighappy]

Do you have a sex offender registry? In the states anyone who is convicted of a sex crime is put on a registry and barred from certain places, also, anyone is notified when they move nearby.
THis has proven to be a worse punishment than what the courts handed down in a lot of cases.

I am happy to see he got SOMETHING. I have a family member who was molested for years and the perp got 6 months only.

So sorry for this.