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Judge Undercuts Plea Agreement

Judge Undercuts Plea Agreement

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l

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Rhode Island: 15 years sentenced, only 4 to be served. It's estimated that he probably will actually only be incarcerated for approximately 2 years. Reactions? Fair or unfair?

GP

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What'd he do?

l

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Originally posted by General Putzer
What'd he do?
http://today.reuters.com/news/NewsArticle.aspx?type=musicNews&storyID=2006-05-10T211822Z_01_N10416702_RTRIDST_0_MUSIC-CRIME-NIGHTCLUB-DC.XML

GP

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Oh, yes, the White Snake fire in Rhode Island. That's a tough call. The poor guy made an error in judgement and 100 people died. He had no criminal intent, had done the same pyrotechnic display many times before, and had permission to do it, supposedly, from the club owners. It was an honest to God accident.
I'm not getting involved in this one.

l

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Originally posted by General Putzer

I'm not getting involved in this one.
It seems that you're not the only one...

X
Cancerous Bus Crash

p^2.sin(phi)

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Originally posted by lioyank
Rhode Island: 15 years sentenced, only 4 to be served. It's estimated that he probably will actually only be incarcerated for approximately 2 years. Reactions? Fair or unfair?
http://www.nytimes.com/2006/05/10/us/10cnd-nightclub.html?hp&ex=1147320000&en=8f82b36bae057c2d&ei=5094&partner=homepage
"Mr. Biechele entered into a plea deal with prosecutors in which he agreed to plead guilty to 100 of those counts — the ones that stemmed from his unauthorized use of pyrotechnics.

In return for accepting responsibility for unintentionally killing 100 nightclub patrons, prosecutors dismissed the other 100 counts, which accused Mr. Biechele of acting in a criminally negligent manner."

There was no mention of sentence length in the plea agreement.

l

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Originally posted by XanthosNZ
http://www.nytimes.com/2006/05/10/us/10cnd-nightclub.html?hp&ex=1147320000&en=8f82b36bae057c2d&ei=5094&partner=homepage
"Mr. Biechele entered into a plea deal with prosecutors in which he agreed to plead guilty to 100 of those counts — the ones that stemmed from his unauthorized use of pyrotechnics.

In return for accepting responsibility for unintentio ...[text shortened]... riminally negligent manner."

There was no mention of sentence length in the plea agreement.
According to Court TV, it was agreed upon by the two parties that it would be 10 years, not 4. However, because it was technically agreed upon that he would get "up to 10 years" and not "10 years", it would work in the defendants favor. It was also speculated that this was done intentionally and with full knowledge that the particular judge in this case would most likely cut the sentence down from 10 years to something much lower. In hind sight, it is easier to see the outcome, but the families of the victims are the ones that were really duped over.

On a side note, the newscaster for Court TV was the one that repeated the phrase "undercut(s) the plea agreement". She was visibly very disappointed with the sentence (not enough prison time, iho). I simply titled the thread with what she stated.

X
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Originally posted by lioyank
According to Court TV, it was agreed upon by the two parties that it would be 10 years, not 4. However, because it was technically agreed upon that he would get "up to 10 years" and not "10 years", it would work in the defendants favor. It was also speculated that this was done intentionally and with full knowledge that the particular judge in this case woul ...[text shortened]... e sentence (not enough prison time, iho). I simply titled the thread with what she stated.
"In his remarks, the judge said that he had heard "the virtual voice of Rhode Island lamenting the loss of 100 of its very talented, hard working and, yes, fun loving men and women."

But he went on to explain that the sentence was meant to punish him for his criminal offense, "and not the results of your actions."

"You and the victims' families will be forever mindful of that fatal night, and it is not within the power of this or any court to fashion a sentence reflective of the enormity of that tragedy," the judge said."

And quite rightly so.

zeeblebot

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let's not punish any criminals. instead we should buy them one-way tickets to new zealand. we won't have to support their hedonistic lifestyle in the prisons, they'll probably turn over a new leaf upon arrival, the NZers will benefit from the influx ... it's a win-win-win situation.

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