"Mr. Ba chose not to participate, this is why we are in the situation."

Sentencing was scheduled on January 7 for convicted sexual batterer Elhadji Ba but it was continued to January 16 so probation could submit a pre-sentence report.



Listening to his attorney, Deputy Conflict Counsel R.J. Leohner's version, Ba may have been released today until sentencing.

However, after Deputy District Attorney Stacey Eads' remarks, Judge John Feeney declined to release Ba on OR or supervised release until sentencing as requested by defense.

Mr. Leohner said probation was requesting minutes regarding the felony being reduced to a misdemeanor and that was the reason for no pre sentence report.

Ms. Eads said that Ba told probation he did not want to "enter into this resolution. Mr. Ba chose not to participate, this is why we are here in this situation."

When probation meets with a defendant before sentencing, their report is based on the defendant's cooperation.

On December 10, Ba entered a conditional plea based on a grant of probation and up to 365 days in jail.

Ba pleaded guilty to false imprisonment as a felony and battery as a misdemeanor.

If Ba complies with terms of probation for 12 months, his felony will be reduced to a misdemeanor.

Ba's attitude and behavior in court gives credence to Ms. Eads' remarks. He needs to stop glaring and mouthing off to people in the audience just because he cannot deal with the fact that his actions put him in the criminal justice system.

Either he is okay with the plea he entered, which he  admitted to on court and which is a good deal for him or he can take his chance with another trial. He came very close to being convicted the first time. Some jurors in that case are still following current proceedings. Ba needs to drop the attitude in court and when he gets outside and learn the concept of no and that unwanted sexual acts have consequences.
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