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General Category => Harness Racing => Topic started by: LUCPARK on January 19, 2023, 09:42:27 PM
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I’m not a lawyer I’m just asking for all these folks that are lawyers on this worthless form can sandals appeal the verdict
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I believe he can, but his chances are slim of getting it overturned or getting less time. The appellate court rarely overturns these kind of verdicts, I think it is less than 3% or something, it might be lower than that actually.
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USUALLY EVERYTHING IS APPEALABLE EXCEPT A GUILTY PLEA! THE TIME TO DO THIS WAS FOR THIS FELLA TO WITHDRAW HIS PLEA DUE TO UNDERLYING PRESSURE TO PLEAD. THE JUDGE WOULD HAVE DENIED IT ANYWAY. IT IS VERY DIFFICULT TO APPEAL SOMETHING THAT THE DEFENDANT JUST STATED IN COURT THAT HE DID. THAT IS WHY USUALLY THERE IS NO APPEAL IN A PLEA DEAL.
IN THE CRIMIAL JUDGMENT THERE WILL BE A STATEMENT IF IN FACT THE JUDGE MAKES AN EXCEPTION AND PERMITS AN APPEAL. I READ THE JUDGES STATEMENTS AND FROM THEM I ASSUME SHE WOULD NOT MAKE AN EXCEPTION FOR THIS FELLA TO APPEAL----BUT, IF SHE DOES IT WILL BE STATED IN THE CRIMINAL JUDGMENT.
I CHECKED THE DOCKET A FEW HOURS AGO AND THE RESITUTION ORDER OF $42,752,532 WAS ALREADY ENTERED BY THE JUDGE. ADDITIONALLY, THE FORFEITURE ORDER OF $260,561 WAS ALSO ENTERED BUT THE COURT JUDGMENT HAD YET BEEN ENTERED. THIS WILL SPELL OUT THE COMPLETE SENTENCE, CONDITIONS, SPECIAL CONDITIONS AS WELL AS PROBATION ONCE THE SENTENCE IS COMPLETED. THIS DOCUMENT IS WHAT THE PRISON LAW CLERK WILL PULL BECAUSE IT WILL STATE THE CHARGES AS WELL AS THE COMPLETE DOCKET ON PACER FULLY DISCLOSING THE PROFFER.
THIS CASE FOLLOWED MOST AS THE PSR RECOMMENDED 72 MONTHS. THIS IS THE BIBLE FOR THE JUDGES AS THEY DO NOT INVESTIGATE THE CRIMINALS--THEY RELY ON THE PSR AND THE SPELLED OUT GUIDELINES. WHEN YOU PROFFER--USUALLY YOU CAN EXPECT ABOUT A 10% REDUCTION IN YOUR SENTENCE---IN THIS CASE THE 72 MONTHS WAS REDUCED TO 62 MONTHS---10% WOULD HAVE BEEN 7.2 MONTHS---SO 62 MONTHS IS VERY CLOSE TO THE STANDARD.
THE MONEY JUDGMENT AND THE RESTITUTION WILL NEVER GO AWAY. EVEN BANKRUPTCY WILL NOT REMOVE THESE ITEMS IN A CRIMINAL JUDGMENT. THEREFORE, THIS YOUNG MAN WILL BE PAYING A PART OF HIS INCOME UNTIL HE DIES SOMEDAY. FURTHER, EVEN HIS EARNINGS IN PRISION OF ABOUT 20 CENTS PER HOUR WILL BE GARNISHED. MINIMUN PAYMENT EVEN WHILE INCARCERATED WILL BE $25/QUARTER.
EVEN IN A PERFECT WORLD AND INCLUDING THE FIRST STEP ACT---THE MOST PERFECT INMATE WILL SERVE AT LEAST 31 MONTHS OF THIS SENTENCE AND THE REMAINDER AT HOME. 31 MONTHS UNDER THESE CONDITIONS WILL DESTRY MOST----NOT SURE WHO SAYS THERE IS A CLUB FED BUT THERE IS NOT. PRISON IS PRISON.
THIS YOUNG MAN WILL BE TESTED FOR THE REST OF HIS LIFE. TOMORROW YOU WILL SEE THE CRIMINAL JUDGMENT AND THAT WILL EXPLAIN THE SENTENCE IN MORE DETAIL---EITHER WAY, THIS FELLA HAS THE REST OF HIS LIFE NOW TO TRY TO BEOME NORMAL----MOST NEVER DO!
REGARDING THE REDACTED NAMES---ALLEGEDLY THIS INVESTIGATION STARTED IN 2015 AT CHESTER. THESE THINGS CAN GO ON FOR YEARS SO IF THERE IS A LOT OF DATA---IT IS MY GUESS THAT THIS IS NOT OVER. THE GOVERNMENT HAS A HUGE INVESTMENT IN THIS AND TRULY WANT JUSTICE FOR THE WRONGS!!!
I PERSONALLY BELEIVE THAT THIS FELLA DODGED A REAL PROBLEM AND 62 MONTHS WAS A VERY LOW SENTENCE FOR WHAT HIS INVOLVENMENT WAS IN THIS CASE!
TO ANSWER YOUR QUESTION SIMPLY CAN HE APPEAL? THE COLD HARD ANSWER IS NO UNLESS THIS JUDGE FEELS LIKE HE DESERVES A VARIANCE FROM NO APPEAL AND GIVES HIM 10 DAYS TO APPEAL EVEN THOUGH SHE IS NOT REQUIRED TO DO SO!
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He can’t appeal. He accepted the deal and entered into a guilty plea agreement. You can’t appeal something that you agreed with after the judge asked him and cautioned him if the guilty plea was his own voluntary plea and the terms and understanding of his plea. He absolutely admitted guilt and in exchange for a lighter sentence entered into that agreement with the prosecutor.
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Ask his Lawyer, since you have a direct line
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When do his lawyers get paid and from where. Some of his previous owners ?? I expect they have long ago disassociated from ever known him. Some may not be sleeping well.
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Is he allowed visitors there and if so, are you allowed to use the showers when you go visit.
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Nick will be a no show when it's time to go in...the only question is which city and state will he try n hide at?
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Nick will probably be appealing to several of the fellas at his destination.
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If, and that's a big if, he pays back any of that millions he owes where does it go? Who gets to decide how its distributed?
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If, and that's a big if, he pays back any of that millions he owes where does it go? Who gets to decide how its distributed?
He doesn’t have 42 grand
Let alone 42 million
Stop it
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can never appeal a guilty verdict
on the bright side, free room and board plus free medical care
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He doesn’t have 42 grand
Let alone 42 million
Stop it
Ok. But let's just say at some point he gets a garnishment on his wages. Even if it's only a few dollars. Where does it go? I'm sure the horsemen he screwed over will never see a dime
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Racing123,
I doubt he’ll want to run and be a fugitive! Then when they catch him he’ll have to do more time….
How would he live, eat, sleep…..
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I wish he would run, he's not smart enough to make it a week. More time is better for the rest of us. Need a shock collar on him. Blast him a few times a day just to keep him up on his toes.
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can never appeal a guilty verdict
on the bright side, free room and board plus free medical care
So you can only appeal not guilty ???
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Want to sy some thins.
Had a friend years ago at ARLINGTON PARK. He name was JOHN ORRECHIO. He had been years earlier in charge of TEAMSTERS pension funds out of Detroit,MICHIGAN. He controlled over 3 billion. So's he thought to himself with that much on line WHO'S gonna miss 68 million which he embezzaled. And I'm tellin yeah he had a great time for a about 6 years. The guy was SMART,VEEERYY inteligent. He bought a horse farm in MICHIGAN and owned and ran alot of FLATS with MIKE DINI his TRAINER. He also was the original who started up that caged kick boxin in VEGAS. Bought 2 strip clubs in WINDSOR. For 5 years was at DERBY with a enclosed tent and all was free on him. Then he got caught on some audit of funds some years later. Got 10 years only because he ratted out the BLACK mayor of DETROIT who I believe also got a heavy sentence. He also got shipped to another prison to testify against another high profile. He was there 3 days and was afraid for his life. He opted out to return to former prison. Thus he gets no break on his original sentence and must serve full. Right now he servin transitionin somewhere. I gots to say this about him. He gots millions stached somewhere other than states. And before he entered prison,he also started up in golf that hole in one jackpot machines. Put $10.00 in and you get hole-in-one you hit escalatin jackpot. Gots to say. He was a very nice guy and again high IQ. When he finnaly released he still gonna have to report to probation officer. And he gonna have to skip and move out of country with the money he got stashed. Because there gonna be alot of unsavory charecters lookin for him.
TOO the COUNSELLLORR: They is easy camps. You sayin that POLITIANS alone get easy deals. BLAGO former ILLINOIS GOVERNER. Got 10 years and served 8 until pardoned by TRUMP. The guy was a health addict. Ran 5 miles a day and did so even incarcerated at a track on premises. Like to see TRUMP do that after he convicted.
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He doesn’t have 42 grand
Let alone 42 million
Stop it
You said before he has plenty tucked away. Which is it?
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AGAIN, THIS IS NOT A VERDICT!!!!! NTHIS WAS A PLEA!!!! HUGE DIFFERENCE FOLKS---NOT EVN CLOSE. IN A PLEA DEAL THE NORM IS THAT THE DEFENDANT WAS ADVISED THAT THERE CANNOT BE AN APPEAL AS PART OF THE PLEA---BUT, I HAVE SEEN SO MANY JUDGES PERMIT AN APPEAL AS TO LESSEN THE CHANCES OF A MOTION TO REOPEN DUE TO THINGS SUCH A FAULTY REPRESENTATION. THERE WAS RECENTLY A CASE WHERE THE ATTORNEY FELL ASLEEP AT THE TABLE DURING COURT---THE DEFENDANT WAS GIVEN 8 YEARS---DEFENDANT APPEALED ON GROUNDS HIS ATTORNEY FELL ASLEEP AND HE WAS NOT REPRESENTED BY COUNSEL.
THE CRIMINAL JUDGMENT WILL CLEARLY SPELL OUT IF THE DEFENDANT CAN IN FACT APPEAL--PLEASE RECLL THIS WAS A PLEA---NOT A VERDICT. HUGE DIFFERENCE. HE CAN IN FACT CLAIM HE WAS COERCED BY HIS ATTORNEY OR PROSECUTOR OR WAS THREATENED BY VARIOUS PEOPLE AND THE JUDGE COULD GRANT THE APPEAL.
ANOTHER RECENT CASE HAD A NEUROLOGIST THAT WENT TO TRIAL ON PERSCRIBING OXYCODEINE TO VARIOUS PATIENTS WITHOUT EXAMINING THEM WHICH IS A NO NO---WAS SENTENCED TO 4 YEARS AT CAMP---HE APPEALED THE VERDICT ON NEGLIGENT REPRESENTATION AND THE APPEAL WAS GRANTED. HE THEN HAD HIS APPEAL IN FRONT OF THE THREE JUDGE APPEALS COURT AND HIS ENTIRE CASE WAS DISMISSED---PROSECUTORS DECIDED TO REFILE AND THEY PLED OUT TO A MISDEMEANOR AND TIME SERVED---THIS FELLA WAS ALREADY 6 MONTHS INTO HIS BID AT CAMP WHEN HIS ATTORNEY FILED APPEAL AND PRESENTED TO APPEALS PANEL AND WON!
IN FACT THIS WAS A NJ CASE.
ONCE THE CRIMINAL JUDGMENT IS POSTED YOU CAN SEE WHAT THE JUDGES ORDERS ARE!
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So you can only appeal not guilty ???
He voluntarily entered into his own guilty:plea. That is correct. He cannot appeal his own plea deal. He was the one who voluntarily admitted guilt and entered into that agreement. Unless there is an administrative error or he was forced into admitting guilt, it’s all over;for sandals.
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What law firm would take an appeal??
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At the time of making a plea, you don't know the sentence. I know of a couple guys that plead guilty in a plea deal. Come sentence, they were give a much longer bid than what was expected. Off to prison they go.
Their lawyers filed a sentencing appeal and it was heard. The judge lowered the original bid.
Unless you have an Uncle Vinny, you better have some deep pockets. These things take some time.
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So you can only appeal not guilty ???
I know we are only 3 weeks into 2023 but, this may be the post of the year!!!! ngc3 ngc3 ngc3 ngc3
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THE CRIMINAL JUDGMENT HAS NOT BEEN POSTED ON PACER AS OF A FEW MINUTES AGO. AGAIN, THIS WAS NOT A VERDICT---IT WAS A GUILTY PLEA. WAS HE COERCED? WAS HE PRESSURED? WAS HE LIED TOO? DID HIS ATTORNEY MISREPRESENT THE PLEA? THE LIST GOES ON AND ON.
NORMALLY YOU CANNOT REVERSE A GUILTY PLEA BECAUSE YOU ADMITTED TO EVERYTHING IN PERSON WITH A STENOGRAPHER.
THE CRIMINAL JUDGMENT WILL BE POSTED WITHIN 10 DAYS OF THE SENTENCING HEARING AND WILL BE ON PACER. THIS WILL BE OFFICIAL AND THEN EVERYONE CAN SEE THE FACTS. THE JUDGE MAY SAY EVEN THOUGH HE IS NOT ENTITLED TO AN APPEAL---THAT HE WILL BE GRANTED 10 DAYS TO APPEAL. MY GUESS IS THAT IS THE CASE IN THIS INSTANCE AS THE CRIMINAL JUDGMENT HAS NOT BEEN POSTED YET BUT FORFEITURE AND RESTITUTION ORDER HAS BEEN !
RECALL, IF HE IS GRANTED AN APPEAL HE COULD GET MORE TIME AS WELL----DEPENDING ON THE GUIDELINES WHICH CALLS FOR 30 YEARS.
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BOTH GIANELLI AND FISHMAN HAVE APPEALED THEIR CASES TO THE SECOND CIRCUIT COURT OF APPEALS. THEIR BRIEFS ARE DUE IN MARCH!
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BOTH GIANELLI AND FISHMAN HAVE APPEALED THEIR CASES TO THE SECOND CIRCUIT COURT OF APPEALS. THEIR BRIEFS ARE DUE IN MARCH!
Are they both still free?
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Nick didn’t have a good lawyer that fought for him, to maybe just get him 2 years. Also, if the wife knew what was going on, wouldn’t she have stopped him from giving hard drugs to those poor horses, if she said she really loved Nick, did she? If I really loved the guy I’m with I would have helped him to stop! What was his background growing up? Did he have much guidance? He knew right from wrong at his age.
I can’t see an appeal, too late! He’s ruined his life sadly.
He’s in the hands of God now, hopefully he makes it 5 years in the slammer!
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Nick didn’t have a good lawyer that fought for him, to maybe just get him 2 years. Also, if the wife knew what was going on, wouldn’t she have stopped him from giving hard drugs to those poor horses, if she said she really loved Nick, did she? If I really loved the guy I’m with I would have helped him to stop! What was his background growing up? Did he have much guidance? He knew right from wrong at his age.
I can’t see an appeal, too late! He’s ruined his life sadly.
He’s in the hands of God now, hopefully he makes it 5 years in the slammer!
its not five yrs
its 85 percent of five yrs..
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Luc park
Ok thx
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[/quote]
He’s in the hands of God now,
He’s screwed. ngc3 ngc3 ngc3 ngc3 ngc3
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Nick didn’t have a good lawyer that fought for him, to maybe just get him 2 years. Also, if the wife knew what was going on, wouldn’t she have stopped him from giving hard drugs to those poor horses, if she said she really loved Nick, did she? If I really loved the guy I’m with I would have helped him to stop! What was his background growing up? Did he have much guidance? He knew right from wrong at his age.
I can’t see an appeal, too late! He’s ruined his life sadly.
He’s in the hands of God now, hopefully he makes it 5 years in the slammer!
We can only hope God is a big black boy that would even satisfy the thirst of Simon Allard
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Superfecta,
God sees everything FYI,
If he didn’t have good guidance in life when he was younger, perhaps this may not have happened. Where was his father thru the years?
Something to think about. Broken homes play a big part on ones beginnings.
Unfortunately for him….
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Superfecta,
God sees everything FYI,
which god? there's been 1000's of them throughout history
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which god? there's been 1000's of them throughout history
Gural
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Emperor dapple
The Almighty father, maker of heaven and earth……
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We can only hope God is a big black boy that would even satisfy the thirst of Simon Allard
Amen!!!
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Emperor dapple
The Almighty father, maker of heaven and earth……
oh thanks .. that definitely clears things up for me. ngc3 ngc3 ngc3
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Why does father leave his children to die in hospitals?
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Mazola
AND YOUR POINT IS?
Probably they were just here for a short time.
When your number is up.