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Pre-sentencing

Interview with Ivan and Bobby

JM: Tell us about the pre-sentencing process:
Ivan: During the pre-sentencing process, I was pressured into taking a plea bargain, but I still refused to admit to the crime, so I was granted an Alford plea. During allocution, I still denied the crime and was never granted a post-plea hearing or informed of my right to appeal. I was originally being offered plea bargains of probation before a second set of accusations formed two sets of allegations to secure my indictment and have me convicted on one of the original crimes which had no corroboration.
Bobby: Lots of court dates and bail money so I Didn't have to be in there until my court proven me guilty I guess you could say. Pre sentencing is more of a pain in the ass then being in jail it's all games and bullshit. They never like to cut to chase

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Ivan: When the victim originally accused me of rape, I was held in jail for sixteen days before being released on my own recognizance. She made a second accusation against me a few months later; this time after having no contact with her. The police didn't tell me what they were arresting me for. They just told me who my accuser was. I made a sarcastic statement, "I should kill her, then you can send me to Attica," which is invalid in terms of logic as it is a conditional statement and the court was trying to prove that I wanted to harm the victim, but they could obviously perceive that I didn't want to be punished, and in a conditional statement, in terms of logic, if the antecedent is true and the consequent is false, the statement is invalid. This is irrelevant under "Federal Rules of Evidence" as defined under Article IV, Rule 402 of Title 28 U.S.C.A. (Appendix)
Bobby: I got arrested on the spot. I was driving and they pulled me over. No one questioned me. I had a warrant I was on the run for a little bit. But it was fine no big deal if I didn't get caught then i would still be on the run

JM: What was court like? Please give as many details as you recall.
Ivan: The court paid no attention to a witness that was mentioned in the victim's statement, a police officer, who could have testified in my favor, for impeachment purposes, as the court only used my invalid statement I posted above to secure my indictment which showed no corroboration for what I ended up being convicted for. This is called "Brady Disclosure" based on a Supreme Court case titled Brady v. Maryland which violated my rights as the district attorney should have brought that officer to testify.
Bobby: Well I was waiting a very long time I has no lawyer. Or nothing my palms were sweaty and aoon as I got called Up to the stand the judge laughed at me. And knew exactly who I was. I got locked up on the spot there . I did wrong but they didn't care about no excuse at all

JM: What were your original charges? What did you end up being convicted of?
Ivan: Two separate sets of allegations as I was accused on April 07, 2001, for: Rape 1st, Sexual Abuse 1st, Assault, 2nd, and Unlawful Imprisonment 2nd; and for August 25, 2001, for: Burglary 2nd, Assault 2nd, and Criminal Possession of a Weapon 3rd. I was convicted for Rape 1st by an Alford plea where I pleaded guilty, but I didn't admit to the crime.
Bobby: Possession of stolen properly, assault, driving with out a license, traffic tickets ..

Read about sentencing in the Onondaga County Jail