For the jury trial, Viveiros was charged with 7 counts that include charges of sex/sodomy, oral copulation/penetration with a child under 20 and aggravated assault of a child under 14 years.
He was originally charged with 16 counts and held to answer to all charges after his preliminary hearing.
The People made an offer that Viveiros discussed with his attorney and the case was recalled later this morning. That offer was plead to 16 years in prison and waive all credits. The plea was for the upper term of PC 288.5 (a)
Even after returning to court, there were discussions. Even after he signed the written plea form, Viveiros dragged out the acceptance of the plea, nit picking on fines and restitution process.
The final resolution of the case was Viveiros plead guilty to 16 years to an amended Count 1 and got 365 days in credit and he waived all other credits. He has been in custody since his arrest in 2015.
The original Count 1 was PC 288.7 (a), Sodomy or Sexual intercourse with a child under 10. The amended count was 288.5 a (a), continuous sexual abuse of a minor child; someone who the defendant resides with or had recurring access to at the time of the abuse.
There was no referral to probation. A special time set for impact/family statements is set for October 19 at 3:30 p.m in Courtroom 3.
Deputy District Attorney Stacey Eads told Judge Dale Reinholtsen that she had "conferred with the victim and her mother and they agreed to the resolution."
His wife has been at most hearings. I have followed this case since arraignment No other media has reported on this case.
Despite objections from the DA, continuances keep being granted. The Public Defender's office has been representing Viveiros.
Viveiros court hearing on September 28 was continued to October 3. The trial confirmation and motion to continue was continued, again to October 5 at 8:30 in Courtroom 3.On October 5, both trial confirmation and disposition/reset hearings scheduled for today.
Previous post:
http://johnchiv.blogspot.com/2017/10/the-nth-motion-to-continue-again-filed.html?m=1
(with links to other coverage)
http://johnchiv.blogspot.com/2017/10/the-nth-motion-to-continue-again-filed.html?m=1
(with links to other coverage)
Good to know that the victim and her mother agreed. What is the actual time he will end up staying in prison? (Certainly not 15 years, with that 365 day credit). Tying up the courts and staying local for a year and then taking a plea. What a waste. Him calling the shots after he plead guilty. Why do the Courts keep letting criminals control and manipulate the system. I think a mandatory tattoo saying “Sex Offender” on their forehead would be appropriate for those who are found guilty or plead out. I’m sure there would be less rapist taking the easy way out and not going before a jury. What a waste of DNA, Court time and money. It’s not just the rapist, but this and the recent child porn case are prime examples.
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