Plea Bargains
Plea bargains and the court system in the news lately with at least a couple District Attorney candidates trying to make the most out of Elan Firpo's prior plea made in a murder case. Yesterday's Times- Standard article points out what I've wrote before: that the justice system would grind to a halt if not for the ability to bargain charges and punishment.
The Santa Rosa Press- Democrat has a good read this morning on plea bargaining. It pretty much says the same thing. I'll admit to being a bit irked over the first one they give as an example:
A girl runs into and kills a motorcyclist. She's been cited for unlicensed driving four times prior to that. They drop the vehicular manslaughter charges in return for her dropping her right to trial and admitting to driving unlicensed. She gets a six month sentence with credit for time served.
What the....??? Then again, that's the way things often work.
posted by Fred Mangels @ 7:59 AM
24 comments
24 Comments:
I love how people say the plea deal is being politicized. The point is draw attention away from the fact that the plea deal couldn't be politicized unless a large percentage of voters disagree with it in the first place. A candidate running for office isn't going to talk about it unless it gets votes.
I, for one, found the plea deal to be highly offensive. I'm casting my vote for 'anyone except firpo.'
It is utterly ludicrous to run for office and then whine about one's performance being a political issue when the performance directly relates to the ability to do the job you are running for. Moreover, if you try your cases in the media and tout your high morality, it's pathetic to whine when others disagree. And just because criticism may have political effects, even intended effects, that hardly makes it illegitimate. Quite the contrary. Ms. Firpo, by the Ferrer case and her scattershot, double reverse, then lateral to Gallegos handling of it, has shown herself unready for higher office and quite likely not qualified for the job to which Mr. Gallegos has too swiftly advanced her.
Disagree. I think Firpo handled the situation as best she could have. A couple opponents tried to make an issue out of something they've very likely done themselves in the past. She removed herself from the case. What else could she do? She's damned if she does and damned if she doesn't in your eyes.
My belief has been that sooner or later everyone will be negatively touched by the way the DA's office handles prosecutions. And now, it's come true for me in another case currently in the news media.
I side with the victim's family.
Interesting article. And they use the precise language Firpo did. But no outcry, because they weren't in the middle of a campaign. Fleming and Klein spend all their time digging up dirt on Firpo.
http://sanfrancisco.cbslocal.com/2014/03/21/da-clears-man-arrested-in-fatal-stabbing-of-dodgers-fan-after-giants-game/
And Arnie's question of Elan at the debate tells you everything you need to know. He did a Freedom of Information Act request on Elan to try and find a case he could trot out.
Of course Fleming doesn't need to do that, because she has Max Cardoza working in the office who has access and can feed her information. Too bad the others have made their entire campaigns about Firpo.The ugliness of the Humboldt County DA race is legendary and accurate.
Fleming and Klein spend all their time digging up dirt on Firpo....
I must have missed it. I don't recall Flemming making an issue out of the case.
"as best she could" as long as she lied about the number of stab wounds, concealed the defensive wound to the had, said the victim "fell" on the knife ( all three times?) said the family liked the deal, then said she did the right thing no matter what, then said if the family did not like the deal she would take it back then asked to be taken off the case. Yes, well done, very professional, very mature.
Good point, Fred, what has Klein come up with that wasn't put in the media by Firpo? And Fleming hasn't said a thing about the case. So just what is Cardoza supposedly digging up? Or is someone simply desperate to find something to say? Oh look, over there, uh, ummm uh . . .
Where did she ever say the victim fell on the knife? The only one who has ever said that publicly was the defense attorney
Reached Tuesday, Ferrer’s attorney, Marek Reavis, disputed that version of events, saying he “would have loved” to take the case to trial. Reavis said his client, who identifies himself as a member of the LGBT community, Stoiber and Rocheleau were in the street when Anderson-Jordet approached. “All three individuals were relatively flamboyantly dressed — wearing makeup, nails painted, that sort of thing,” Reavis said. “Mr. Anderson-Jordet made some very homophobic statements, and that was immediately followed by him approaching them. He approached Mr. Ferrer in a very intense way, with his hand in his pocket, advancing in an aggressive fashion.”
Frightened, Ferrer stepped back and drew a knife from his pocket, Reavis said. “Anderson-Jordet took a swing at Ferrer, missed and fell against Mr. Ferrer,” Reavis said, adding that Anderson-Jordet fell onto the knife. “It was not an intentional stabbing.”
Northcoast Journal
Also from the journal
Similar comments cropped up elsewhere, spawning others targeting some of Firpo’s campaign opponents — Maggie Fleming, Arnie Klein and Allan Dollison.
To answer you question, Fleming has been the worst. At least Arnie Klein and Dollison have put there names behind it. Fleming has used her campaign spokespeople, Cardoza, Meilke, and Bryson to do the dirty work. Fleming herself only brings it up on her own Facebook page.
Actually, Dollison and Klein's press releases and Maggie's Facebook post and criticism behind closed doors to the unions about this case ALL preceded Firpo's response.
The other 3 candidates have to attack Firpo. Fleming has to be concerned about Firpo overtaking her and Klein and Dollison know they have to tear her down to get to second place by June. Being in second place and the only attorney working in the DA's office that can't claim privilege makes Firpo the target of choice.
Klein and Dollison responded to Firpo's media comments, and Fleming has never posted anything about the case. And "behind closed doors?" And besides which, blame the other candidates all you want, doesn't make what Firpo did right, doesn't change her flip floppy all over the place responses.
? help me out here. Can't find any reference to Firpo on Flemings FB page.
That's because she took it down when she was called out on it. Instead, she put her team to work. Go back and check you timeline on the responses. You are mistaken or lying, one of the two. You are clearly a Fleming supporter. I do not expect you to her participation, and I certainly don't expect you to look at the case with objectivity. Otherwise, you would also be discussing Fleming's many plea deals as well.
Otherwise, you would also be discussing Fleming's many plea deals as well.
Or Klein's, or Dollison's. Whoever he isn't supporting. Again- and as both the Times Standard and SR Press Democrat have reported- these sort of deals make up the majority of criminal cases. They only get attention in widely reported cases and especially at election time.
There's no doubt in my mind all the candidates have made their fair share of such deals.
She took it down. Pathetic. You got a screen shot, right? No? So we have to take your word for it. Good luck with that.
As for plea deals, there is nothing inherently wrong about plea deals. But none of the other candidates has made any "such deals" as this. And, lying a about a case, that's bad.
Once again Fred is the voice of reason. There are supporters of all candidates but Fred consistently says do not jump to conclusions.
Fred would be a great juror. The rest of you. Well your comments speak for themselves.
Once again Fred is the voice of reason.
You just gotta love this guy!
Are you kidding me. Firpo lied at the debate when she answered the question by Klein. According to DA employees, she had not tried 25 cases let alone murder cases. In fact, the employees stated that she has only tried 8 cases and 6 were lost. The information is available from the public records systems : Sustain (court operations) and the DA Star system (district attorney's office).
Anonymous at 5:30PM. That is a flat out lie. Elan Firpo has never lost a case at trial. One hung jury on a single count of a 3 count endictment that convicted on retrial and a retrial for jury misconduct that was convicted. Zero acquittals. Name one case where she ever lost. Just one. The name of the defendant and approximate date.
Hughes
mid 2010.
Hunt
same time frame
Bonato
2010
Googled each. Bonato- No record I could find, Hunt, convicted and held over with federal indictment. Hughes nothing.
According the Court clerk, the systems you mentioned are not public record systems and are available only to people in the office. So I suspect you are both making things up and your name is Max Cardoza, Kathleen Bryson or Tom Cooke working for other campaigns and ATTEMPTING to dig up dirt using confidential record systems. Pathetic. I stand by my assertion. You are a liar.
Actually, not. But since your research skills end at google, well, there you are. And I never mentioned any systems, that was someone else. But you are correct, that post was inaccurate in many ways. For one, Ms. Firpo has definitely tried more than 8 cases. And she has definitely lost several. Try it this way. She says she tried 25 cases. Try finding all 25 on google. You can't. You can't find most DA cases on Google. The local papers don't report them. And if you try 8 felony charges, get not guilty on all the felonies, and get only one misdo 242, that's called losing. At least, among real lawyers.
Anonymous 10:13 with all the people supporting Maggie in the courthouse, you are definitely someone who has access to information and someone who is throwing out partial facts that no one else can verify completely.
Another Maggie Fleming or Arnie Klein tactic to try and discredit Firpo because people are catching on to them.
I think people are overlooking Allan Dollison.
I think Maggie and Arnie should keep running their campaigns the way they have been.
Incompetence always fails.
Using words like misdo is attorney shorthand. You attack other's for their google skills when you are an idiot when it comes to blogging.
Are your legal skills just as crappy?
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