Apr 15, 2014

Judge Feeney tentatively rejects Workman plea deal; final decision is the same, case to go to jury trial

Courtroom1, 3 p.m., Judge John Feeney announced his tentative ruling in the Elmy Workman case. This was a continued sentencing hearing. Judge Feeney tentatively rejected the plea deal. Ms. Workman is being represented by Neal Sanders; District Attorney Paul Gallegos for the People and Allison Jackson representing the victim and family.

It was only after Ms. Jackson stepped in that the plea deal was questioned and ultimately defeated.

While the victim, her family and friends have been at every court hearing; this was the first time Ms. Workman's family was in the courtroom.

Before he announced his decision, Judge Feeney went through all the documents he had received and reviewed before making his decision. "I put a great deal of thought before rejecting the conditional plea," he said.

"I have a lot more information now than when this case was transferred here for commencement for trial," said Judge Feeney. He then announced his tentative decision to reject the plea.  Judge Feeney than elaborated on the reasons why he made the decision. "One of the letters I received from a Ms. Smith characterized the case as a confused and convoluted situation." Judge Feeney indicated he was in agreement with that assessment. This case did not have "unusual circumstances" he said.

Judge Feeney said that he did not think there aggravation or provocation that required the kind of response from Ms. Workman and that while Dr. Renouf's evaluation indicated some mental health conditions, that they had no bearing on her actions. He also said Ms. Workman showed no remorse.

Mr. Gallegos did not comment on the tentative decision and Ms. Jackson said she would only if the Judge changed his tenative decision. Mr. Sanders addressed the court but basically tried to argue what he had already submitted on his client's behalf; he did try to address a couple of issues such as the remorse but the only new only information he gave was that the final outcome of the case would affect his client's immigration status.

After hearing Mr. Sanders response, the Judge made his decision to reject the plea deal final in this case.
That plea was withdrawn, a not guilty plea was entered, time waiver entered and dates were set. Pre-trial on June 30; Trial Conference on July 7 and Jury Trial on July 21.

The victim spoke to me before the hearing today and explained how Ms. Jackson got involved. She was told of the plea deal on a Friday and told to think it over. Over the weekend, she alleged that Ms. Workman's family and hers were at a public restaurant and she alleged that Ms. Workman's family was rude to her family. She did not want the plea deal. She arrived on Monday to talk to Mr. Gallegos and found out the case was set in court that day to discuss the plea deal. She expressed to Mr. Gallegos she did not agree to the plea deal. She said she spoke to him for hours, even made him late for court. She made a statement at that hearing. Through a mutual family friend, they contacted Ms. Jackson to advocate on their behalf.


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