Just moving this down here, into CE land.
Carry on!
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I get it about there being Covid and the courts coming to a halt but it does seem not only unfair but also not very lawful for someone to be incarcerated so long without going to trial. Did NJ pause speedy trial? Did the Federal government? I mean speedy trial isn’t just a state thing, it’s a guarantee under the 6th Amendment to the Constitution.
I don’t know the man, have made no determination about guilt or innocence and no one deserves to be shot.
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I think it was all shut down due to jurors, court staff, etc. There’s only so much that could have been done via video.
In many states judges are doing everything they can to lighten the burden by asking the state to offer plea deals where they can.
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SGF attorneys are now asking the civil case to be stayed until the completion of the criminal trial. Previous scheduling orders were that witness depositions had be done by July 1st.
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@Knights_Mom, lets say Barisone is tried and convicted.
All this time he’s sat in Co lockup would be counted as time served, wouldn’t it?
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Yes absolutely it would. And let’s say he is locked up for 2 years. Goes to trial or plea bargains hypothetically guilty to an offense that requires incarceration for 18 months, he should be released, time served. If his sentence carries a 3 year term and he’s done 2 years, he has one more year to go - again hypothetically speaking.
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It will be interesting to see if he takes a a plea. We’ve only heard one rambling side of the story along with considerable examples of threatening behavior we’ve witnessed here. I would like to know MB’s side of the story.
Normal disclaimer - no one deserves to be shot or threatened.
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If he is found guilty of a misdemeanor rather than a felony either by trial or plea deal will he be reinstated by safe sport? If he is found not guilty?
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He will definitely appeal his safe sport pending restriction, which was for alleged child abuse rather than assault.
Edited to ask if a final report was issued by SS after their investigation August 7, 2019? If they (CPS) found no basis for the complaint, I would hope SS would take action against the individual(s) making the allegation.
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According to my personal understanding of SS, suspensions happen with felony convictions, not misdemeanors especially if there is no involvement with minors - but it’s possible I’m wrong.
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I’m not a member so I don’t know SS rules that well. I can see reasons for why either way. While you don’t want to discourage people from reporting possible instances under SS parameters, this is also the same club that makes folks pay to file objections in other USEF matters.
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Yes you do have to put up a deposit to file an objection but isn’t it returned if the ruling goes in your favor?
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Oh lookie here: Harassment. Well how about that?
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Here’s another one (see discretionary jurisdiction - does that apply?):
https://www.usef.org/forms-pubs/YXj0R68pxq0/safe-sport-policy
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This is a pretty comprehensive review of the speedy trial and sixth amendment issues generally
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Wow! Thank you!
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If a plea deal is offered to a defendant is it typically negotiated between the prosecution and defense? If so, how long does that process usually take?
I believe earlier this year it was mentioned that a plea deal was being considered by the prosecution but if it was offered or if it was declined, I never saw anything posted one way or another.
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The prosecution does not have to offer a plea, but can.
The defendant can try to negotiate.
Whether the prosecution is willing to negotiate and how long that could take is impossible to answer. It’s completely dependant on the circumstances. There are so many practical and policy decisions that go into pleas-- it’s really not one-size-fits all. I am sure there is data out there about how long certain categories of cases are pending before they end in a plea but I haven’t really researched that. I think it’s common that pleas are agreed to in and around the time when trial is imminent. COVID may have changed that. But often neither side is ready/willing to consider a plea until they really have a sense of what trial will look like.
I have not seen any public statement that a plea deal was offered but I haven’t been regularly searching for news on this case.
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