Unreal times we are living in!
-
Unreal times we are living in! -
This is horrible, but to be honest, with how badly and corrupt things have gotten, I am not surprised. -
Its bad !Comment
-
Hey, it’s on twitter so it must be true, not to mention well known source sites like twitchy….
I don’t know if it’s true or not and if it is there obviously is a problem. I tried google a couple of different ways and found almost nothing except this tweet until I can across one article.
It was on law.com. Are they a reputable site or more so than twitchy? I don’t have a clue but it appears to be legal articles from around the world and run by law firms. In that they are likely not pro government.
In the brief article on this case it says that Luke Denney was arrested and charged (but apparently not yet indicted) on 8 crimes. In the indictment which came beyond the 30 day limit after his arrest, they only indicted him for one of the 8 criminal charges. The prosecution seems to agree that the other charges have to be dropped (seemingly from their time error but it doesn’t specify) but also want the single indictment dropped.
The article says that Denney unexpectedly pleaded guilty in an apparent move to keep the prosecution from dropping the indictment and then refiling the case.
Did he get that from his lawyer? It doesn’t say.
I “think” that once an indictment is filed, it invokes double jeopardy. Merely being arrested doesn’t.
It seems that Denney has or believes he has a strong case that the indictment was unlawfully past the mandatory deadline which would negate the case under the Fifth Amendment. His rushed guilty plea was to try and lock the federal government from trying a different tactic. He might be sentenced but would hopefully win on appeal. The article doesn’t say if the government planned on refiling the case or are going to admit to the error and drop everything.
The only problem is that this was 6 months ago and I can’t find a follow up.
FOLLOW UP before I posted….
It was his lawyer who sprung the surprised guilty verdict in a legal move.
From an LA Times article, the prosecution intended to dismiss the charges from the arrest and refile all 8 charges which could be decades in prison or basically a life sentence. Denney was indicted on the 85th day after his arrest and not within the 30 day mandatory limit. I don’t think the state has such a limited time frame burden.
Denney’s lawyer had filed to let him out of jail and when Denney went in front of the federal judge for a dismissal hearing, Denney suddenly pleaded guilty to the single (and possibly unlawful as too late) indictment. That likely ends the case except for any appeals.
The federal judge sentenced Denney to 8-9 years on the single charge of assault on an officer.
So…. with the haste to file the federal charges for J6, they are still required by law to get an indictment within 30 days. They could have delayed the arrest but it would not make for as good of a dog and pony show.
Denney’s charging paperwork apparently got stuck at the bottom of the stack and the assistant US attorney forgot about it. That mistake probably saved Denney from a life sentence and may eventually lead to the dropping of charges if he wins any appeal.
It is more like incompetence rather than corruption. The US Attorney knew that they screwed up and tried to legally fix it but a probably sharp enough defense attorney caught it in time to quash most of the case.Comment
-
We get what we deserve.....and i am not referring to the prisonerComment
-
Originally posted by tvc184 View Post
How dare you do some research and introduce facts to this frothy conspiracy party?Comment
-
Originally posted by meltingfeather View Post
Funny comment coming from a dunce that never does research and only stirs the pot. If you actually did research you wouldn’t come here making a fool of yourself.
Sent from my iPhone using TapatalkComment
-
Comment