Apr 29, 2015

If Bad Boy Michael Throckmorton absconds, blame the legal loophole, not the DA who tried to keep him in California

After three tries, Michael Throckmorton was found guilty of a felony: domestic violence. He was to be sentenced this afternoon. He could have received four years in jail or probation, whichever option Judge Timothy Cissna chose. The DA recommended jail time, Probation agreed.

Today, his defense attorney Public Defender Owen Tipps asked for a four week continuance. The reasons: Throckmorton's mother is having hip replacement in Virginia and he needs to be there. "There is also the issue of his dogs, if he goes into custody." This is the same excuse Mr. Tipps offered last time when Throckmorton was found guilty but he was not remanded. The guy knew he could go to prison today, he had ample time to arrange for dog care.

Mr. Tipps added that he had a number of issues with the probation reccomendation and wanted time to file a statement of mitigation. To add to all this, apparently, Throckmorton just received the probation report.

The People opposed the continuance but Judge Cissna said since Throckmorton just received the report, he is entitled to statutory notice. Five days, DDA Pizzo stated but seeing Judge Cissna was going to grant the continuance, she requested it not be a lengthy one.

"My concern is if we continue, he is out of custody. He could go to Virginia and not come back because he knows probation recommended prison."

Judge Cissna agreed 4 weeks was too long but granted the continuance to give Throckmorton the time to go see his mother and consult with his attorney.

Throckmorton said he could fly back by May 22. Judge Cissna set the date. Again, he waived time for sentencing.

Judge Cissna told Throckmorton, "this is a mandatory appearance. You can't send something saying I have to stay longer or I missed my flight."

"Is that the day I will be locked up?" was Throckmorton's question?


Last post with links to all previous coverage.

http://johnchiv.blogspot.com/2015/03/michael-throckmorton-found-guilty-this.html?m=1

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