XM - Mt 1822

January 27th, 2023 at 5:16 PM ^

I’m going to guess that the one lawyer that is quoted is being less than candid, or perhaps is being misquoted.

 

What is almost certainly happening is what’s called HYTA, Holmes youthful trainee act. They actually do tender a plea, the court takes it under advisement and keeps it as a nonpublic record. They keep their nose clean usually for around six months or a year than the case goes away.

XM - Mt 1822

January 28th, 2023 at 7:53 AM ^

MCR 2.507(g) commemorates deals reached that are either in writing (an email would suffice) or put on the record.  you and i are doing the best to read the tea leaves here, and i have the strong suspicion that there is a writing or record behind this, indeed it looks like an agreement was reached in court.  thus, a lawyer popping off after court doesn't undo what's already been agreed to. 

you do bring up an interesting point though, that is talking with the press.  as a prosecutor i had an aversion to it because it was like that old quote attributed to vince lombardi about passing the football:  3 things can happen and 2 of them are bad.  prosecutor's can get in ethical trouble and/or set themselves up for a change of venue motion if they talk too much.  over time i would develop trust with some of the news people and i could be more candid with them and trust them to not burn me in the paper, but otherwise i would give pretty bland comments about a case.  that dynamic generally holds true now that i'm in private practice, though admittedly the press is much less frequently interested in anything that i do now. 

oriental andrew

January 27th, 2023 at 6:23 PM ^

Given the language in the article, it most certainly is the HYTA.

"Participants work with a case manager to create and successfully complete a plan for accountability. Upon completion of that plan, charges are dismissed," said Victoria Burton-Harris, chief assistant prosecutor in Washtenaw County.

Of course, Sparty lawyer wants to make it sound like they are innocent (different from "not guilty" of course) and bettering society, all of their own volition:

"It's going to happen outside of court," said Max Manoogian, an attorney for Angelo Grose. "There is going to be no criminal responsibility whatsoever. There are no admissions being made, no pleas being tendered."

"They're going to do some good work in the community, do a little bit of philanthropic work, jump through a couple of hoops and the prosecutor's going to dismiss the case on their own," he said.

MGlobules

January 27th, 2023 at 7:58 PM ^

While I think that you and XM are correct, and no judge should take it out on the clients--who have agreed to the conditions formally--the lawyer SHOULD get slapped by the judge for such a statement. Or the bar should slap him. Someone should slap him. Because walking out of the courtroom and insisting nothing happened is not the way it's all supposed to work. And let's think about whether some poor kids who engage in that kind of crap in an alley--no such bargaining is going to be available to them. 

S.G. Rice

January 27th, 2023 at 6:30 PM ^

If you read the underlying MLive article, it seems reasonably clear that this isn't HYTA:

"The pre-plea diversionary program was established by the Washtenaw County Prosecutor’s Office in 2021 for individuals charged with certain misdemeanors. The four players will work with the probation office but won’t be on probation."

Edit:  I suppose HYTA could be part of that plan, but HYTA is not the only diversion option.  So better to say that I just don't think it's HYTA.

Also:  I know that defense lawyers gonna defense lawyer, but if I were those kids I'd tell mine to STFU.  Putting it on blast that your client isn't guilty of anything isn't going to win your client any friends in the system, especially if they screw up their diversion.  There is video, idiots.

Gooseggs

January 27th, 2023 at 5:22 PM ^

I think windmon deserved more for aiding crump in his helmet swinging assault by holding our player down while also putting his helmet on and throwing haymakers.

LloydCarnac

January 27th, 2023 at 7:49 PM ^

Ignore the lawyer BS innocence spin. If the charged participants complete the agreement terms of their court-mandated service, their records will be erased. If they fail to complete the terms they will likely be further sentenced, resulting in misdemeanor criminal records. All of this is standard and appropriate for the circumstances.

Synful

January 27th, 2023 at 5:40 PM ^

Way way too light.  The lot of them should have been kicked off the team and Mr Helmetswinger needs to see a good deal of jail time.  Every last one of them knew what they did was wrong and did it anyway.  They're not 6 where they don't know any better.  There should be no coddling.

WestQuad

January 27th, 2023 at 5:42 PM ^

I was jumped by four guys when I was highschool.  but when I went to the police pretty much nothing happened to them.  I was 18 and they were 23 to 25.

FWIW--these guys were golden gloves boxers and I did pretty well against two of them, but when the others jumped in I basically had to cover and then eventually run.  

dickdastardly

January 27th, 2023 at 5:51 PM ^

The best thing that can happen is that Michigan completely pummels Sparty in Lansing next year, plants the Michigan flag at the 50 yard line, and drives sparty fans to burn the city down in utter disgust of getting their teeth kicked in.

GoBlueGoWings

January 27th, 2023 at 5:56 PM ^

Real question and without reading the article, just reading the OP. 

If this happened outside of a bar in Ann Arbor but they were not football players just drunk students, would they get the same punishment? (Change helmet to, whatever you see fit)

If the answer is yes, then I'm OK 

dragonchild

January 27th, 2023 at 5:59 PM ^

I’m not really comfortable with the idea of deserving and punishment. What’s being done to ensure it won’t happen again?

Absolutely nothing. We’re playing them again, and next time it’ll be their turf.

Ghost of North Hall

January 27th, 2023 at 6:00 PM ^

*steps on soap box*

The whole "fracas" and "fight" media description needs to go away. Eight people on one team got charged with some sort of crime, none on the other.

What does someone need to do for it to be called an attack? A hospitalization? Permanent Injury? Insinuating anything short of a completely one sided assault places some blame at the victims feet, which I was pretty sure we were passed doing a while ago.

*steps off soap box*

yoyo

January 27th, 2023 at 7:19 PM ^

Their season was going to suck anyways but having unstable people like him make it more likely the team will fall apart completely. Look what happened with the Pacers when they let Ron Artest act out every game without real punishment. He destroyed the best team they ever had. MSU should've used the incident to cut the dead weight and fire Tuck to save some money.