Plea bargains rejected in Ferrer case

Juan Joseph Ferrer's plea included four-year jail sentence and $10,000 in restitution fees for the fatal stabbing of Douglas Anderson-Jordet. He plead no contest to involuntary manslaughter.

Nicholas Benjamin Stoiber and Sophie Buttercup Rocheleau, also had  no contest pleas. Stoiber plead to a charge of assault likely to produce bodily harm and Rocheleau had plead to a misdemeanor battery charge.

The People today were represented by ADA Kelly Neel and District Attorney Paul Gallegos in Courtroom 5 presided by Judge Joyce Hinrichs. Ferrer was represented by Public Defender Marek Reavis, Stoiber by Public Defenfer Jennifer Dixon and Rocheleau by Benjamin Okin.

The victim's family was represented by Arnie Klein, 1 of 4 canddidates running for District Attorney. Maggie Fleming and Allan Dollison were not present; but they had supporters in the courtroom. Elan Firpo who originally prosecuted the case was present in the audience as were several other attorneys.

Ms Firpo asked Mr. Gallegos to reassign the case and he took over the case. In media reports, Mr. Gallegos said his decision had “nothing to do” with Ms. Firpo's handling of the case or the quality of her work, but he did it because the case is being used for other purposes by two of Firpo's fellow candidates in the upcoming district attorney election. Also because for justice to be served for everyone involved based on evidence and not politics.

The family of Douglas Anderson-Jordet, the victim, flew in from Minnesota for the ruling today. The hallway was packed prior to the case being called and so was the courtroom.

Judge Hinrichs and the defendants' attorneys spoke candidly about the case. Judge Hinrichs said when she accepted plea, the victim's family was okay with resolution and did not object. This is exactly what Elan Firpo has been saying. The judge set the pleas aside today because she said the "family's decision was clear." She also said that it was not just the family's statement that affected her decision, but stated at least 3 times that it was "in the interest of justice".

This was after the recent victim impact statement and after the family had been told who knows what and by whom.

Arnie will try to spin this as if he won. He did not. He used a court procedure which instead of standing up for the victim has now become a media circus because of the way he handled and got involved in this case. The case will go trial and charges that will be filed can be amended as Judge Hinrichs suggested today to Mr. Gallegos and the outcome could be the same or a not guilty verdict.

Arnie Klein has yet to answer whether he is doing this pro bono. It is yet not known who contacted the victim's family. These are questions that deserve answers.

Public Defenders representing the clients, the courts, other attorneys and other costs will apply. In another case today, Allison Jackson represented the family pro-bono; they approached her and so far the result has been a delay in sentencing and an amended probation report and it won't be the same outcome as the original plea deal.

Arnie's handling of the case put Judge Hinrichs in a terrible position. Judge Hinrich said if she made a decison either way on the plea, she would be accused of "either being in the pocket of the DA or being too liberal."

"Politics have no place in the courtroom" were her exact words.

Reavis summed up what many people privately expressed. "This case is a tragedy for every individual associated with the case." Later on, in his statement addressing the Court, he said that this tragedy has been further compounded by a despicable individual using this forum for their own notoreity.  "It is a personal attack on another individual which has nothing to do with the family or the court process. The tragedy of Mr. Anderson-Jordet's family has been amplified for no good reason." This was a reference to Arnie Klein.

He further added, "The pleas came from a review of all evidence" and that they were rejected due to "conjecture, hyperbole and misrepresentation."

More than once, Judge Hinrichs said that she did not want future judicial process to be affected, that she felt her decision was made because if she did not set the pleas aside, "It would erode the public's trust in the system".

 Judge sealed certain documents and press had to return documents because the Judge saw that Arnie handed out in open court to select press.

"Now that I have become involved in this way, " said Judge Hinrichs, "what I am leaning towards is disqualifying myself."  She expressed regret that she had to say this in court without talking to her colleagues.

 Preliminary hearing is set for May 28 at 8:30 a.m..

Attorneys were already present in the courtroom and immediate family was let in before court was open to the public. Media had to sit in an assigned row. The baliffs did a great job in coordinating the flow of people to the seats and were very vigilant, as usual, about court rules to be followed.

Judge Hinrichs laid down some additional rules before addressing the sentencing.  "No one to speak out of turn, no one in audience to speak unless ordered so by the court, no clapping or cheering."

"I know most of you have an opinion; "1/2 of you will be disappointed. Courts are a place people come for justice. We need to protect the rights of the defendant and the people."

Judge Hinrichs defined plea bargaining and negotiated dispositions and spoke a bit about the plea bargaining role in the criminal justice system.  She explained that the plea is not binding at the time of the sentencing.

I am posting remarks in chronological order by the Judge, the People and the defendant attorney's in a separate post; this way if you want nuts and bolts, you read this; if you want a detailed picture, check the second post.