February 23rd, 2017 at 10:49 AM ^
They have their own cases to worry about right now I'm assuming, this one will have to take a back seat
February 23rd, 2017 at 10:54 AM ^
Has there been any more information on that?
February 23rd, 2017 at 10:57 AM ^
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.
February 23rd, 2017 at 11:05 AM ^
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...
February 23rd, 2017 at 11:31 AM ^
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.
February 23rd, 2017 at 11:34 AM ^
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.
February 23rd, 2017 at 11:42 AM ^
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...
February 23rd, 2017 at 11:47 AM ^
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.
February 23rd, 2017 at 1:13 PM ^
That the confiscation of mobile phones amounts to the worst punishment of all.
February 23rd, 2017 at 11:32 AM ^
February 23rd, 2017 at 11:34 AM ^
There are somewhere between 23-32 examples on the board of how to deploy this device.
February 23rd, 2017 at 11:57 AM ^
I searched through the entire MGoBlog history and found 35-70 examples with 5 other possibilities.
February 23rd, 2017 at 10:50 AM ^
http://www.mlive.com/wolverines/index.ssf/2017/02/suspended_michigan_wr…
Details to supplement the lacking OP.
February 23rd, 2017 at 10:53 AM ^
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.
February 23rd, 2017 at 1:00 PM ^
February 23rd, 2017 at 10:56 AM ^
Aliens?
February 23rd, 2017 at 10:58 AM ^
February 23rd, 2017 at 11:01 AM ^
February 23rd, 2017 at 11:43 AM ^
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.
February 23rd, 2017 at 12:53 PM ^
February 23rd, 2017 at 11:03 AM ^
February 23rd, 2017 at 12:37 PM ^
February 23rd, 2017 at 11:10 AM ^
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).
February 23rd, 2017 at 11:18 AM ^
eviscerates."
February 23rd, 2017 at 11:23 AM ^
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.
February 23rd, 2017 at 11:27 AM ^
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.
February 23rd, 2017 at 12:41 PM ^
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.
February 23rd, 2017 at 12:33 PM ^
He made Thriller . . . Thriller.
February 23rd, 2017 at 11:29 AM ^
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.
February 23rd, 2017 at 11:33 AM ^
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.
February 23rd, 2017 at 11:39 AM ^
Are you nuts? How could you arrive at such query?
February 23rd, 2017 at 11:43 AM ^
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 |
| W/JUDGE'S COPY |
February 23rd, 2017 at 12:34 PM ^
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)
February 23rd, 2017 at 1:21 PM ^
please.
February 23rd, 2017 at 1:23 PM ^
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.
Excellent.
February 23rd, 2017 at 1:31 PM ^
- 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?
February 23rd, 2017 at 1:46 PM ^
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.
February 23rd, 2017 at 1:25 PM ^
is our case." Loved that character.
February 23rd, 2017 at 11:50 AM ^
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.
February 23rd, 2017 at 12:30 PM ^
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.
February 23rd, 2017 at 12:39 PM ^
...over the last 30 years, I also know that you are correct.
February 23rd, 2017 at 12:43 PM ^
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.
February 23rd, 2017 at 3:39 PM ^
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.
February 23rd, 2017 at 2:35 PM ^
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.
February 23rd, 2017 at 11:58 AM ^
February 23rd, 2017 at 4:43 PM ^
that is SUCH a cool answer!
February 23rd, 2017 at 12:40 PM ^
His attorney's name is Frank Reynolds. I'm hoping one Charles Kelly bird law expert is co-counsel.