See You in the Funny Papers
Prosecutor Glenn Kirschner gets to the bottom of the Swann Street mess
-posted by Craig
Three Ring Circus
Justice Delayed Is Justice Denied
See You in the Funny Papers
Prosecutor Glenn Kirschner gets to the bottom of the Swann Street mess
-posted by Craig
By old school rules, all three of them would get a paddlin’…which probably will happen if one of the trouple doesn’t come clean. Here Kirschner already seems to be zeroing in on the bottom’s bottom!
C’mon Dolly…just admit the Not Me intruder is just a chimera and take your medicine.
Even if one of them comes clean and squeals on the actual murderer, the other two can be held equally as responsible (punishment-wise) if found guilty of criminal conspiracy. So, you figure they may as well take their chances for an acquittal.
CD – The defendants taking their chances and playing the odds was exacltly how one case insider characterized why the threesome are still hanging together. He put the liklihood of conviction on the pending charges at 50-50. They have the four best criminal defense guys in town after all working on their behalf, two of them former federal prosecutors.
And since none of the boys have any priors, even if they are convicted, sentencing guidelines could only allow for just a nickle or less in the joint (3-5 years).
Interesting, Craig. But often the guidelines go by how heinous the end-result of the conspiracy/obstruction is (here, a man’s murder) so my guess is that the sentence(s) would be far greater no matter their past good records. And most judges would throw the book at Victor, too, to send the message that if he COULD have talked then he SHOULD have. If he doesn’t change his mind, he’ll likely do well over ten years (my speculation pure and simple). I do get the notion of banking on a 50-50 shot at conviction, but if I were Aunt Marcia, I’d be sitting Vic down with a dose of reality (we’re going to flip a coin – if it’s heads, you get to do as you wish with what remains of your life; if it’s tails then you get to go to prison for 3-30 years – OR you can avoid it altogether by telling the truth).
But even if he tells the truth he stands to be thrown in the slammer for close to an equal amount. conspiracy convictions carry nearly the same amount for the crime being concealed.
Unless he can cut a deep deal, he may as well keep mum. And if he approaches to cut a deal, he’s not guaranteed to get a much lesser sentence.
If Vic wants to clear his conscience, that’s one thing, but coming forward to try to avoid a lengthy sentence might not work.
CD, I think if Victor (a) didn’t do the actual stabbing/killing, and (b) is willing to testify against the others on what will undoubtedly be raised to murder charges (all they need is his testimony + existing circumstantial evidence) then he would get immunity. Two for murder is better than a less-than-slam-dunk chance for three for conspiracy/obstruction for which their sentences might be light.
And there’s the clear conscience and a good night’s sleep. . .
Ahhh…..immunity. Good point, Bea. I wasn’t thinking immunity, only reduced sentencing. Very good piont.
::holding a serving tray out to Victor:: Victor? Would you like some immunity?
I don’t think Victor has much of a conscience. I don’t think any of them do.
So lets hope he is a big chickenshi* over the though of spending a few years in the pokey and talks out of fear. Because, in my opinion, self-centered fear is the only thing we can count on as far one of the three turning.
“Just” 3-5 years…I’m trying to imagine the guy who did that 911 call spending even 3-5 minutes in the “joint.” Have a strong feeling he would end up like Stephen Donaldson.
Listening, Victor? A little bargaining can work wonders….
These are good points guys. I can’t explain the apparent ‘pessimism’ of our insider. We’ll try and loop back to get some clarification on his read.
Another wild card is Judge Leibovitz I guess.
If Kirschner gets the conviction, does this career prosecutor and Bush 43 appointee give the boys a sentence leavened with some compassionate conservatism, or does she go all Dick Cheney on their asses? Gitmo?
Or maybe Jeffrey Dahmer.
Does Kathy Wone’s pending civil suit affect the trouple’s solidarity, I wonder, and how? The burden of proof in civil cases is significantly less (preponderance of evidence versus reasonable doubt), and the Covington and Burling lawyers sound like a strong team.
What if one of the defendants were offered a deal that included immunity from the civil charges (assuming Kathy Wone agrees)? Think about it, Victor. Reduced sentence, no more financial liability for this monstrous case, AND a clear conscience. What’s not to like?
Love the cartoon!
If only the dogs could tell us what they saw.
This is a delightful transposition of an old classic, even if the pictured parlor seems much more spacious than the Swann’s. I guess Sarah was still out playing at Tom and John’s.
CRAIG No matter how I attempt to access your comments about private investigator findings, I receive a message that “this page can no longer be found”!