Plea deal haunts mother of victim

[Hannibal]

http://www.kvoa.com/global/story.asp?s=10894736

and one of the killers is about to get out...

:cursing:

[TBIBeg]

She needs to have a momentary lapse of sanity and take him out.

JMO

[LisaM22]

http://www.kvoa.com/global/story.asp?s=10894736

and one of the killers is about to get out...

:cursing:

how sad, but it's too late now, the punishment was handed down 18 years ago, you can't just change the punishment when it is almost over, the guy should of got lwop back then, too late to go back and change that now, what a horrible crime to only get 20 years for

[Leanne Weich]

I wonder if he had to allocute to his part in the crime. If so and if he denied raping her, surely then the plea deal could be voided if they now have physical evidence to prove he lied.

[R~O~S]

I wonder if he had to allocute to his part in the crime. If so and if he denied raping her, surely then the plea deal could be voided if they now have physical evidence to prove he lied.

No, they could try him for perjury if he testified, but they can't try him again for a crime he's already plead guilty to and served the sentence.

I feel for the mom, but it would seem this was a case of LE arresting and charging before they had their ducks in a row.

from the link:

Ed Rheinheimer is now the Cochise County prosecutor. He says Polley may have done a quick deal with Brazeal to keep him from getting off altogether. The DNA test results were still weeks away and Brazeal was demanding a speedy trial.

The prosecutor didn't hide anything, they were weeks away from getting the results and the defense was demanding a speedy trial.

[NatalieB]

Too bad that they weren't charged separately for the crimes. He'd have gotten 20 years for one girl, then they could have tried him for the 2nd if and when it was time to be released. It's routinely done and it's disappointing that it's not an option here. Of course, that may have been part of accepting the plea deal too.

Sometimes these types of deals are accepted to save the state the cost of a trial. This not being high profile though, it shouldn't have run anymore than most other trials.

[GentleBreeze]

Too bad that they weren't charged separately for the crimes. He'd have gotten 20 years for one girl, then they could have tried him for the 2nd if and when it was time to be released. It's routinely done and it's disappointing that it's not an option here. Of course, that may have been part of accepting the plea deal too.

Sometimes these types of deals are accepted to save the state the cost of a trial. This not being high profile though, it shouldn't have run anymore than most other trials.

The sad truth is 90% of victims or their families have to endure the fact that the perpetrator was given a plea deal for their heinous actions. Only 10% of cases go to trial.

imo

[Streetdreamer]

I wish their was some type of obstruction of justice window in all plea deals should the truth not come out like the accused claimed. Now somebody has to let this guy move next door to him. Think about that, he is going to end up moving next door to somebody. I hope he's got his act together but this is the type of situation where the whole truth didn't come out so that shows a lack of remorse. I would rather have a murderer who confessed and did his time but this guy is more dangerous because its clear he didn't tell the whole story.

[NatalieB]

The sad truth is 90% of victims or their families have to endure the fact that the perpetrator was given a plea deal for their heinous actions. Only 10% of cases go to trial.

imo

I never knew this. That's a staggering statistic.

[GentleBreeze]

I never knew this. That's a staggering statistic.

Yes, it is Natalie but even trying to get the 10% ready for trial keeps the justice system backlogged. It takes months of investigation on each individual case before it is ready for trial and sometimes it takes a year or more to develop all of the evidence.

It is time and cost effective and since most defendants are guilty they know it is better to plea a case where charges or the punishment will be less than if they gambled with a jury trial.

imo

[Annie143]

this is such a sad story, it took my breath away. I cannot imagine this mothers rage and pain over this. It is like losing her daughter all over again and in such a horrible, horrible way.