"The stakes for you are very high"

 

Brian Daniels finally showed up for court today. Then he wasted time while several other defendants whose trials are "trailing " waited around all morning.

Daniels has turned down every offer from the People. His attorney, R.J. Leohner and Daniels have made counter offers. This particular case has dragged on and Daniels has several cases. He wasted more time today, twice meeting with Mr. Leohner, debating if he should take the offer.

If someone else was facing two counts of criminal threats,dui and hit and run charges, would they have made the same decision?

Twice, Judge Kelly Neel told Daniels, "The stakes for you are are very high. The jury may find you not guilty. They haven't heard the evidence; neither have I. I just want to make sure you understand the risks and benefits of any disposition."

The People's offer was an open plea to Count 1 criminal threats (in the felony case which set for trial) and dismiss the balance. 

"Given the lack of your criminal history, I would be inclined to a probation disposition," said Judge Neel. "We can discuss custody time before probation."

The defense counter offer was to Count 3. "The People are not inclined to accept misdemeanor probation."

Previously, the hitch for Daniels was probation. Now, he also had an issue with a firearm prohibition. I don't know if I agree with his lack of criminal history. He has several misdemeanors "trailing" this trial. And, as Judge Cockrum said at a hearing for his felony case, "he keeps picking up new cases."

Judge Neel told Daniels he was charged with two counts of criminal threats and  if convicted, that could result in two strike offenses.

Deputy District Attorney Roger Rees is in another trial so Deputy DA Luke Bernthal is handling the jury trial. 

Mr. Bernthal said he would look at the mitigating information. He added that in the misdemeanor cases, he was looking for a plea to the high blood alcohol level and in another case, a plea to a "wet" in the DUI case and a hit and run and that the People would dismiss the third case.

Daniels is not facing a life sentence in this case but during discussion, Mr. Bernthal mentioned possible future consequences under the three strikes law.  One of those consequences is a potential 25 to life year sentence.

Under current legislation, Daniels is probation eligible. Ultimately, it would be the court’s decision whether or not Daniels is suitable for that type of a sentence and that is only if the jury finds him guilty.

If Daniels pleaded to the single count of the criminal threats, "depending on the Court's ruling", he can have his firearmrights restored.

Daniels' trial starts tomorrow with jury selection. Judge Neel heard and ruled on motions in limine today. Time estimate is 6 days.

Previously, there were 7 witnesses for the People. Now there are 5; maybe 4. There is at least one witness with scheduling issues so there maybe dark days. Judge Neel told the attorneys to have witnesses ready to go; no waiting around for 30 minutes.

If you have not followed this case, search the posts on the blog.

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