Monday, February 10, 2014

Another Cruz Waiver?

Rhett August, Tree's alleged victim, released on cruz waiver on his own court case - John Chiv/Words Worth

Rhett August, who was allegedly shot by Bodhi Tree, has a court case of his own. EPD was responding to a domestic violence call and found meth. August changed his plea today to guilty. His case has been referred to probation for a pre-sentencing report.

August was released to his mother on a cruz waiver and is expected to enter a dual diagnosis treatment progtam. His defense attorney is Ben McLaughlin and prosecuting for the people is Elan Firpo.

Paul Gallegos answers my questions on Cruz waivers - John Chiv/Words Worth

I (John) asked Paul the following question: A post I did generated some interest in what the current policy is on Cruz waivers? When did it change because in Nov 2012, the office was opposing Cruz waivers? And who makes the decision to oppose or not to oppose? You or the Deputy DA prosecuting the case.

Despite the courthouse being closed today, Paul responded very promptly.

(Read) his response in its entirety (at the link)
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A Cruz waiver is a plea agreement., in which a defendant agrees that should she or he fail to appear at sentencing, a greater term can be imposed by the sentencing court. Defendant must be fully advised of, and waive, right to withdraw plea under Penal Code section 1192.7.

This is solely a DA thing.

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◼ FLASHBACK: Another plea deal, more death
◼ FLASHBACK: District attorney's office opposing Cruz waivers following hit-and-run, homicide case; Experts: Move could harm ability to get pleas

District Attorney Paul Gallegos has asked his prosecutors to oppose all Cruz waivers after a man released on one in August became a person of interest in an Old Arcata Road hit-and-run and a Hoopa homicide in September.

Legal experts said the move could harm the office's ability to secure plea deals and limit the option for people in custody who have legitimate reasons to request one.

A Cruz waiver is part of a plea deal, usually requested by a defendant in custody or a defense attorney, that releases the defendant prior to sentencing. A prosecutor can oppose the waiver, but the decision to release a defendant is ultimately up to a judge....

Gallegos said the policy is temporary while his office prepares a permanent stance on the waivers.

”All I told my staff is we will oppose all releases until we have had a chance to assess and develop a policy,” Gallegos wrote in an email.

Following the incident, Gallegos said he didn't question Deputy District Attorney Zachary Curtis' decision not to oppose Warren's Cruz waiver.

”It was the right decision for that time,” Gallegos told the Times-Standard last month. “With the benefit of hindsight, I wish to God we had opposed it, and I wish the judge hadn't released him.”

...Golden Gate University law professor Peter Keane said the blanket policy is fairly typical when negative attention comes to a prosecutor's office.

”I think it's not a surprising political response on the prosecutor's office where they feel they got burned by having released him,” Keane said.

He said “hard and fast” rules typically make way for more flexibility over time.

”No absolute policy lasts very long,” Keane said.
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APPARENTLY NOT.

Wonder if he ever did 'assess and develop a policy.'

Now - this time - the guy being let out is a victim. But this is no innocent victim. Most likely nothing bad will come of this, this time. just like it wasn't very likely that anything bad would come of letting Warren go. Just another routine plea deal. Right.

1 comment:

  1. Rose in this case the guy was let out to attend a treatment program. He was also in the jail with the guy who allegedly shot him.

    But I agree with you the buck stops with Paul. Did he ever review the policy?

    Also all this is a result of realignment, defense attorneys and the way our criminal justice system srems to favor criminals and a lax attitude locally whete treatment is the buzz word.

    ReplyDelete

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