Is there some sort of Sparty conspiracy to keep canceling his court dates since they are in Lansing? It is known that he is suspended from football activity until the case runs its course.
Why does Perry's case keep getting Adjourned?
They have their own cases to worry about right now I'm assuming, this one will have to take a back seat
Has there been any more information on that?
no. I give it until the end of February before my tin foil hat goes on and I start waiting for the 30 for 30 about the MSU Athletic Department coverup of 2017.
Over on RCMB, they are taking the slow pace as a sure sign of innocence now (well, some are). I see it as - shock of shocks - a police department doing 100% the correct thing. Moving slowly and deliberately, without a desire to either convict or declare innocence too rapidly. I could be wrong, of course, and they might be incompetent or just dragging their feet, but moving deliberately is sure better than going too quickly and ruining kids' lives when the situation may be murkier than that...
On one hand, your logic seems sound and it does seem that the ELPD and Ingham Co Pros Office actions are consistent with thorough review. And if mobile phones were indeed confiscated, it would take time to do the forensic work on those devices to see if there was any incriminating evidence.
On the other hand, I find your "giving the benefit of a doubt" posture, when applied to the ELPD and the Ingham Co Pros Office, well ... quaint. Their former prosecutor is thankfully cooling his heels in jail, but I got the sense from the Appling/Payne situation that the rot in that prosecutor's office was not limited to Stuart Dunnings.
I guess we'll just have to wait and see - hope you're right and I'm just being cynical.
it or not, I think it is the Michigan State University Police Department. Yes, this is apparently a thing.
Excuse me, I am on my way into the tin foil hat store.
To Everyone Murders: I could be 100% wrong, I fully admit that. I guess I am being naively hopeful that this is a rare case where a PD is NOT caving to pressure to come to a conclusion. I mean wow, can you imagine the heat they are under right now? If MSU wants to cover this up (or some therein), they are being pressed to cover it up quickly. If MSU wants to make an example of these guys (or again, some therein), they are being pressed to issues arrest warrants etc. and pass this on to the prosecutors quickly. The victim's advocates are probably pressing to get charges quickly. And the list goes on and on and on. In other words, no matter which constituency they are dealing with, I am sure there is heat to wrap this up NOW, and so far they are resisting...
It really helps that there is an inordinate amount of sunshine on the MSU Athletic Department these days. But for the gymnastics atrocities, this might get the "business as usual" treatment, but that's harder to pull off when your hometown's biggest revenue generator is in the midst of an external investigation.
Also, it could be that the new prosecutor is legit. Dunning sure wasn't, but she may be OK.
In any event, I agree that the timing is consistent with doing a good job and not caving to pressure from the various constituencies.
That the confiscation of mobile phones amounts to the worst punishment of all.
There are 3-9 cases ahead of him on the docket.
(Did I do this right? First time - be gentle...)
There are somewhere between 23-32 examples on the board of how to deploy this device.
I searched through the entire MGoBlog history and found 35-70 examples with 5 other possibilities.
Details to supplement the lacking OP.
is nearly impossible to tell. It could easily be that the defense is fighting every element of the charge and the prosecution is scrambling or that there is already a plea, in principle, and that they are working out logistics/sentencing. It could also seriously be that "something came up" at the court both times it was scheduled thus far and it has nothing to do with anything.
From the Lansing area...Perry hired some high price attorneys from a big firm.
Is that a real question? Come on, OP. Do better.
While I would like this case to resolve itself and justice to be served for the alleged victim; Perry, if found guilty, to accept appropriate punishment. I feel like this case doesn't move the needle for a lot of people like say what's happening at MSU because Perry is more or less a spot player. More importantly an earlier poster is right, the court system/prosecutors office has a number of higher profile cases to handle as opposed to this one...
No. Perry's case is straight forward and could be handled by a very junior prosecutor in a large office.
The delay is probably from Perry's side. My WAG as to the reason is Perry's attorney is trying to lead him to accept the logical end. Perry's problem is Catch-22. He faces an easily proven felony because he ran from the cops ("resisting arrest"). He is also charged with 2 counts of criminal sexual contact in the 4th degree which he insists he didn't commit. His problem is he can't fight the CSC charge without going to trial which will result in a conviction on the felony. He needs to get to a plea agreement for something like drunk and disorderly or creating a public disturbance.
Being negotiated, probably related to how much community service. Judge likely has no interest in hearing this case.
Welcome to the judicial system.
No kidding, everyone should have to be on jury duty as a high school kid. You will want to stay as far away from the courthouse as possible.
Classic example of a thread topic (another delay in Grant Perry's trial) that is valid and even a thread title ("Why does Perry's case keep getting Adjourned?") that might be a reasonable question that is torpedoed by cringeworthy content.
It's reasonable to ask about delays like this; there are a fair number of lawyers who participate on this site that could tell you. But the conspiracy suggestion is just flat embarrassing. How not to start a thread 102, I guess. (The 101 class is that thread featuring good content and a useful link that was briefly nuked by the "eviscerates" thread title).
Correct. There are many valid reasons why a pretrial hearing could be postponed: unavailability of a witness, unvailability of an attorney, unavailability of the defendant, court conflict, or ongoing plea discussions to name a few. Very, very far down that list would be the judicial system intentionally delaying in order to negatively impact a defendant's life. Perry still has a constitutional right to a speedy trial and, generally, the defendant agrees to these types of delays.
Agreed that this is a ridiculous thread with an outrageous claim of conspiracies. Do you really think the State of Michigan court system is set up around football season.
I can guarantee you that less than 5% of the folks that live in the Lansing area have even heard of Grant Perry.
This thread should get nuked.
Which makes Georgia's new law to allow up to 3 months to respond to a FOIA request specifically to benefit UGA athletics (football in particular) all the more outrageoous. The fine state of GA legislated a means to be less transparent for a longer period of time in order to win more games. Priorities, man.
He made Thriller . . . Thriller.
Are you suggesting that the DA's office in Lansing keeps moving his pre-trial hearing because he is an M football player? Yikes.
I don't practice criminal law, but pre-trials are moved often and can be by the suggestion of either party. I don't think this is uncommon at all actually.
ala Peppers or Speight. Nothing against Perry - he is a solid player that has contributed in spot duty - but the idea of the courts somehow trying to impact UM football by delaying Perry's hearing is just insane.
Are you nuts? How could you arrive at such query?
It's actually good news.....
|TRUE COPIES OF STIP/ORDER TO DEF(A) CWB|
|FILE SENT TO JUDGE BALL CWB|
|DEF'S PETITION FOR PROBATIONARY STATUS CWB|
|UNDER HOLMES YOUTHFUL TRAINEE ACT FILED CWB|
Wonder if "File sent to Judge Ball" was some sort of exculpatory evidence. Holmes wouldn't apply unless the big charge was dropped.
(I'm not a lawyer but I play one on the internet)
Means both prosecution and defense have agreed to a proposed resolution. If the judge determines the agreement is appropriate, he/she will sign it. Perry still will need to appear before the court and acknowledge the order, but once Perry fulfills the terms meted out he will be a free man.
- both sides have agreed to a plea deal
- it will probably be under a youthful offender catagory, meaning he'll get probation and it can expunged after some time?
Am I geting that correct?
The 'STIP' and 'HOLMES' references mean just that. Presupposing there is nothing in the case history to suggest to the judge the agreed-to petition and draft order would be unjust, and that's highly unlikely, the judge will sign the order implementing the plea deal and then the rest is up to Perry. Given what was reported, and Perry's background, this seems to be the best possible outcome and a fair resolution.
is our case." Loved that character.
There are so many reasons for delays, as mentioned above. In my limited involvement with the court, cases are continued again and again and again. You have to have the defendant, the State's Attorney, the Defense Attorney, the Judge, and any witnesses, all there on the same day and ready to proceed. If one of them is sick, there's a delay. If someone leaves the case, there's a delay. If there's a blizzard, there's a delay. If either the defense or prosecution requests more time for a good reason, there's a delay. If the prosecution and defense and defendant can't agree on how to plead and what charge to plead, there's a delay. (If the attorneys won't budge, or the defendant won't budge, there's a delay.)
I'm guessing the following would be the quickest way for this to proceed:
- Perry, with the counsel of his attorney, agrees to plead guilty to a lesser charge. (I wouldn't know, but quite often the SA writes up potential charges in a dozen different ways for the same event. Disorderly conduct, Assault, Battery, Mob Action, Public Drunkenness, etc., etc., etc. A criminal DA here would know the terms better than I would.)
- The State's Attorney aggrees with the DA to accept this plea.
- At the next court date, the judge and attorneys agree on another court date for a plea.
- At the set court date, a plea is entered. A court date is then set for sentencing.
- At the sentencing court date, a sentence is rendered.
- Some time later, if all requirements of the sentence are met, the defendent is basically done and free and clear.
The point is, this takes time, and doesn't move that quickly.
And if the defendant, and the defendant's representation, choose to fight all charges, it can drag out even further.
I do know that you are correct, not that anyone was questioning your sincerity, of course. Although, for obvious reasons, I never mentioned it to the 3 major parites, outside the defendant, but I often wondered why they couldn't agree to so damn many things at one time, simmply received a faxed copy from the judge at the date of agreement - don't want to file a stipulatation or agreement after defendant passes. I do know it's an hourly thing - most difficult billing procecure for me was charging .25 hr for a 2 to 3 min phone call. Now with Probates and Estates - there's a thrill a minute, the fixed time, filing one document and dispersing copies to interested parties seemed to make more sense.
...over the last 30 years, I also know that you are correct.
Estates, man. Like an idiot I gave out the attorney's email address to all the beneficiaries for my grandma's estate without alerting my family members that we get billed every time he has to answer a question. My aunts were on pace to clean out the estate before I learned of it.
When I mentioned that, it was actually before email. I set up his first computer in his offiice. But you are right. He'd, of course have his legal asst read it and answer it, of course, if possible with an understanding who would be providing the answer for billing purposes.
Starters, I've never practied in Michigan, but I'm M '88, M Law '91. I've handled all kinds of cases (good and bad) in state and federal courts in the lawless land of Oregon. Mostly criminal and civil rights, some complex civil litigation. I've tried A LOT of cases and hangle A LOT of cases with sex crime allegations.
All things you point to are correct, but still from a strategic point there are many, maybe uncountable numbers of reasons for delay.
1. Delay gives time for a defendant to show they are good person, get in counseling, undergo evaluations, show this was an aberrant mistake in the context of their life;
2.Delay gives defense investigation time to percolate, which means not only digging up dirt on the witnesses, but pursue counseling records and other impeachable evidence; the prosecutor's case is handed to them, seldom do they do any post-charge investigation of any sort;
3. Delay gives lawyers a chance to develop a relationship and negotiate; while I love efficiencies and "let's cut to the chase," time lets it ferment and get better;
4. Delay sometimes soften's the blow of the case, makes the victim less angry, makes the behavior seem less shocking; sometimes system folks will get more numb over time;
5. Delay allows you to wear down the prosecutor and court's resistence to what is really a fair resolution (from client's perspective);
6. Delay give lawyer a chance to build a solid relationship with client so lawyer and client can know they are truly on the "same team" and can come to a joint decision;
7. Delay happens because of docketing concerns, i.e. there are way too many cases charged, way more than the docket can handle if they all went to trial; I can recall when I was a public defender advocating that we send every case to trial and break the dockets, exert some political power over the DA's who make stupid charging decisions (clearly I was fired up from reading Lenin and thinking I was representing the lumpen proletariat); and
8. Many, many other good reasons.
...lawyers gonna lawyer.
- signed lawyer
that is SUCH a cool answer!
His attorney's name is Frank Reynolds. I'm hoping one Charles Kelly bird law expert is co-counsel.
if it's prosecuters, usually they dont have enough evidence so they prolong it to get folks to plea out or dig something up. If it's the defense they are usually trying to prepare. I highly doubt someone would try and prolong a court case or convict someone just for the sake of college football. That type of thing would get disbarred and hopefully thrown in jail yourself.
I have gone full tin foil hat. It will be a cold day in hell before anything happens to the MSU football program.
Michigan Compiled Law MCL 762.11 Holmes Youthful Training Act......aka "Holmes" "HYTA"
For a first time offender b/w ages 17-21 and (17-24 with permission of Prosecutor,) is a special Sentencing Deal, between Defense n Judge. Some/Most Judges require Prosecutor permission agreement, to such treatment. Generally, it is a Plea Under Advisement, so for the record, no plea or conviction ever enters. Additionally, the file is then changed to a Non-Public File. If all probation terms are complied with the case is dismissed and no plea ever enters, no record is public. No drivers license sanctions or any registry implications occur unless a plea is entered. Some times to get this treatment, a Judge may require a written request for HYTA, and the Courts consideration may cause an adjournment, or the request in writing may cause it.
Many Times good Defense Attorneys adjourn or seek to Adj to shake publicity, reporters, and try to discreetly quietly handle the case to avoid press, and respect clients privacy. Others jump in front of cameras to the detriment of their clients. Some times, Police arrest a bunch of students on a busy football weekend, and those cases are usually all handled similarly. "Sometimes it is advantageous, to get separated from the herd." Additionally, many times delays are used by Defense to get Counseling or have D do some programs, community service, AA, etc.
Most times Adjournments are requested by Defense, (unless a complaining witness or police witness is unavailable.). The Prosecutors are always in that Court. If, as is here, a Stipulated or Consent Agreement means both parties Prosecutor n agreed to AdJ.
"Take the Fifth, We'll Bring the Tonic"