[Magdalen] Heather Cook

[Grace Cangialosi]

I know you're right, Jim; I also know I could never be a defense lawyer or a judge.

> On Jun 7, 2015, at 9:06 AM, James Oppenheimer-Crawford <oppenheimerjw at gmail.com> wrote:
> 
> I think it helps to bear in mind that when a person goes to trial, it is
> not only that person whose rights are being observed. When we have a trial,
> the rights of all are on the line: the victim, the accused, family of all
> parties, but also, yours and mine.  Nobody's rights trump anybody else's. A
> quick expeditious trial may seem appropriate at one time, but tomorrow, I
> could be the person in the dock, and it might be that I am the only person
> who realizes that I did not do the crime, and everyone else is saying, come
> on, let's just end this.
> 
> The rights of all have to be respected.  It helps, I think, to remember
> that as soon as we give away rights for one, it becomes so much easier to
> give away rights of others.
> 
> Notice how quickly a death sentence is carried out in China.  A man is
> found guilty in the morning and immediately transported to the execution
> center for killing that very day. He had just as much rights as the thug
> leaders of China (and they are thugs) say he has, and nothing more.
> 
> I share your frustration when a person seems to drag the process out.
> 
> James W. Oppenheimer-Crawford
> *“A life is like a garden. Perfect moments can be had, but not preserved,
> except in memory. LLAP**”  -- *Leonard Nimoy
> 
>> On Sat, Jun 6, 2015 at 7:20 PM, Grace Cangialosi <gracecan at gmail.com> wrote:
>> 
>> Well, I think I understand, Jim, but it just doesn't seem fair for the
>> family to have to keep waiting for one delay after another when there's no
>> uncertainty about guilt.
>> And I am assuming your comment about the "Tea Party set" wasn't directed
>> at me.
>> I can't say I understand the whole plea system, except that it's designed
>> to get the least possible penalty for the guilty party, which, course, is
>> what she's paying the lawyers for. But why can't they go into the
>> courtroom, provide whatever evidence they have, have a judge or jury
>> declare her guilty, since that's not an issue, and then hammer out whatever
>> deals they want without keeping the family on the string?
>> It would be different if they didn't know what happened or who the driver
>> was, of course.
>> 
>> Good thing I'm not a lawyer. I could never defend someone I knew to be
>> guilty...
>> 
>>> On Jun 6, 2015, at 9:00 AM, "Jim Guthrie" <jguthrie at pipeline.com> wrote:
>>> 
>>> From: Grace Cangialosi
>>> 
>>>> see why the trial would be especially long.  Seems to me she's just
>> trying
>>>> to stay out of jail for as long as possible.
>>> 
>>> Yes -- but not for the reason you think.
>>> 
>>> A trial costs lots of money for all involved. A plea deal costs are
>> relatively tiny in comparison. That's why the state has an interest in
>> avoiding trial -- no matter the circumstances.
>>> 
>>> So plea negotiations drag on with the defendant's attorney(s) fighting
>> to minimize jail time or other punishments. The state will continue
>> negotiations to avoid a trial. And unless the defendant pleads guilty or
>> nolo contendre at the outset, even a trial where "everyone knows" what
>> happens can drag on for days or weeks. But no person in their right mind or
>> with competent Counsel would ever do that without a plea deal first.
>>> 
>>> And sometimes negotiating time gets drawn out -- especially once
>> vacation seasons start at the beginning of summer.
>>> 
>>> This is how the justice system in America works. I realize the Tea Party
>> set wants trials for all and no namby-pamby plea deals, though they want
>> the trials for free -- easy enough if they all end up in a few minutes
>> using Queen of Hearts justice.
>>> 
>>> Plea deals and attendant negotiations are the way of the world.
>>> 
>>> 'Cheers,
>>> Jim
>>