Monday, November 10, 2014

Pled out - 8 counts reduced to unlawful sexual intercourse, false imprisonment and human trafficking in plea offer

The plea deal offer, has yet to be accepted by Judge Reinholtsen and sentencing is scheduled for this afternoon. If it is accepted, it looks like it would result in 8 counts being reduced to three counts. - John Chiv/Words Worth

After the case being dismissed the first time, mistrial the second time, a plea deal was reached right before the third trial started for David Anderson, a suspect who was originally charged with kidnapping, rape by force, forcible oral copulation of minor victim over age of 14, sexual battery, unlawful sexual intercourse, threats to commit crime resulting in death, false imprisonment and human trafficking.

Anderson has been represented for all three trials by private defense attorney Benjamin McLaughlin, who was appointed by the court as Anderson's attorney. The case was prosecuted each time by DDA Luke Brownfield....

Sentence in human trafficking case: 9 years, 4 months - Will Houston/Times-Standard
Brownfield said in an interview with the Times-Standard that the plea deal was reached during a third trial in the case. During the first trial, other alleged "pimping and pandering" victims of Anderson's from two other California counties also testified, but Brownfield said the case was dismissed. When the district attorney's office refiled, the trial went on for about six to eight weeks before a mistrial was declared based on a statement made by a witness. Brownfield said it was about three weeks into the third trial when "we reached a negotiated deal to the human trafficking charge."

...Before the sentencing, McLaughlin asked Reinholtsen to consider waving or reducing the fines associated with the case — which included a $500,000 fine for the human trafficking charge — due to his client not having "the resources to pay any significant fines or fees."

3 comments:

  1. It looks like McLaughlin ran circles around the DA's office on this one. It looks like Brownfield caved, and blew this one big time. A dismissal and a mistrial. It will be interesting to see if Ms. Fleming wants to see that continue.

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  2. Well, 9 years 4 months in state prison isn't bad, considering the effects of realignment and Prop. 47. Seriously, misdemeanors or a dismissal is what a DA does when he wants to piss something away. Trying it twice and dealing it out for 9 years 4 tells me the prosecutor is doing his best. If the defense didn't think there was some benefit to the deal (i.e. if he was confident of acquittal) then he wouldn't take it.

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  3. Of course, the real sentence is 4 years, 8 months, because in non-strike cases it's 50% time, then out on parole.

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