Aug 13, 2014

Allison Jackson scores another win for victim; deal between Gallegos and Sanders busted

Judge Dale Reinholtsen rejected the same plea deal in the Elmy workman case that Judge John Feeney rejected. When Allison Jackson stepped in to help the victim in this case, justice took a different turn.

This link http://johnchiv.blogspot.com/2014/07/allison-jackson-puts-crimp-is-secret.html explains the background leading up to Judge Reinholtsen's decision. It also has all the links to coverage of this case.

With Judge John Feeney, it was DDA Luke Brownfield; in this recent plea it is DDA Zach Curtis. Workman is being represented by Neal Sanders. Without notifying the victim or Ms. Jackson, the exact same plea deal was presented before Judge Reinholtsen.

Neal Sanders in his oral argument said that all parties stipulated to the plea deal. This was in response to Ms. Jackson's letter to Judge Reinholtsen. Mr. Sanders stressed that discussions took place between him and District Attorney's office; DDA Curtis went a bit further and finally admitted that Mr. Gallegos made the agreement but also stating that he entered the plea so "justice may be done." Mr. Sanders claimed that the DA's office told him that they had issues with proof and they rather not risk losing this case at trial.

Judge Reinholtsen explained that because of the great bodily injury special allegation, Workman is not eligible for probation which was a part of the plea deal. When he stated his tentative ruling and final ruling, Judge Reinholtsen was firm that based on what information he had before him, he could not allow the plea and that the Court cannot find "unusual circumstances" which would be the exception to granting the plea deal.

Judge Reinholtsen said that when the case went to trial, it is possible that Workman could be found not guilty, or that she acted in self-defense, or unusual circumstances could be proved but he could not rule on that with information available to him in the present.

Mr. Curtis admitted this is "highly emotional charged case" and that "there is great deal of anger on both sides." He also said there is no rationale for self-defense.

The case is scheduled to go to trial on November 3 at 8:30 a.m.. Trial Confirmation is on Oct 20 at 3 p.m. and pre-trial conference on September 8 at 2 p.m. in Courtroom 4.

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