Wild court Moments #57 Dismissed!
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- Опубликовано: 12 ноя 2024
- Judge Dismisses Capital case!
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Here is a bit of background. The defendant exercised his right to a speedy trial however 2 weeks before the trial was to start the prosecutor told the court that the state wasn't able to locate 3 witnesses and hadn't gotten back all the forensics. At that hearing the state offered to let the defendant out on a PR bond if he agreed to wave his right to a speedy trial, but the defense turned down the offer. So the state said that they would go to the grand jury and get an indictment on capital murder charges and seek the death penalty. After the grand jury came back and the state gave notice that they were seeking the death penalty there was a 3 hour hearing where the defense argued that the only reason the state was seeking the death penalty was because they weren't ready and the defendant exercised his right to a speedy trial. They also said that they couldn't think that he was a serious danger if they were going to let him out on a PR bond so the death penalty isn't appropriate.
Wow! Thank you for that. The judge was 100% correct in this case, then.
Another great reason to abolish the death penalty.
Wow thanks for the info
Well shit you should have done the video😂
Perfect explaination! Do we know what the predicate crime was?
This video would have benefited from knowing the backstory before doing a reaction to it. The 20 year-old defendant was accused of killing a 63 year-old man with a knife after a paid consensual encounter. Originally charged with felony murder, he pled not guilty and was awaiting trial. A few weeks before the trial was supposed to begin, the prosecutor admitted that he had yet to fully review the case, hadn't received the forensics and had no idea where his witnesses were. To get past the defendant not waiving his right to a speedy trial, the prosecutor told the court that they were considering recharging him, so he was ROR'd. One quick grand jury later, they re-arrested him on capital murder charges based on the exact same evidence used for the felony murder case that would have had to been dismissed because the prosecutor was nowhere in the neighborhood of being ready to go to trial. Judge was not amused.
Wow!
And in Texas? Wow I almost expect this in California or New York, I bet it's Austin or Houston, the left wing party running these cities are a joke and yet the keep getting reelected
So did he get charged? Or was he just let off because someone wasn't doing their job? Or was that last part the outcome of recharging him? I got confused about what you said about the judge?
Something tells me that this isn't the only "island quickie" going on this week...I could be wrong. They don't call it a "Mike's Naughty Adventure" for no reason. 🤣
But it's the US Virgin Islands so maybe not ;o)
@@corleth2868 🤣🤣
The judge said 're-indictment' at least twice. To me that sounds like the prosecutor either lost a prior action or did not get the outcome they desired and had to up the ante to get another bite at the cherry?
👀 I live in Texas and I’m shocked to see a judge dismiss a capital charge. The prosecution must have f***ed up BAD.
👍
Wow! Mike, I'd love to see you do a deep dive into the prosecutorial misconduct. Dismissing death penalty charges???? :o Judges NEVER do that.
This is Judge Alyssa Perez and she dismissed the case WITH PREDJUDICE. The defendant had pursued his right for a speedy trial and the prosecution wasn't ready so they filed new charges.
Very interesting! Hopefully some background on this case can be covered in a future episode…WHEN YOU ARE BACK IN CHICAGO! Have fun!
When the judge accuses the prosecutor of disregarding cases could she be referring to similar cases in the past that set a precedent on how this one should be charged. Also, I get the impression that the judge is dismissing one of many charges this guy is facing.
That was my take on it as well. I wish she would have been more specific. I am intrigued.
As this occurred in the state of Texas, I wouldn't put anything past these clowns. Remember! Texas calls itself the "Lone Star State" because it can't generate two stars from YELP!
Please keep us in the loop on this case Mike
You want to see “prosecutorial vindictiveness”, look up the Curtiss Flowers case.
You look sooo relaxed! 💖
It’s nice🤩🌴
Just catching up Mike. Reading some comments gave me a better read of why the judge spoke on the vindictive attitude of the prosecutor's.
If... this is the case, then she was right to dismiss the re-charge. 💯
Thanx Mike, I am enjoying the learning process. 😄
Thank You
"A little island quickie "...reminds me of my last visit to Cancun. And I don't just mean swimming with the Dolphins...😂😂😂
That guy just won the legal lottery.
Yes please if you find time can you do a whole video on this case? Thanks for all you do! It’s a very interesting mix.
Been working so little late. Had to stop by and say we have our eyes on you! That awesome dog better be ok! 🤣🤣🤣🤣❤
🐶🥰
Would really like to know more about this case and the "others" she refers to in her oral decision. It sounds like a case where the DA's Office has gone rogue or wild. Please investigate further and follow up. Very interested in hearing more about what is going on in that DA's office down there...
I agree. I feel like the Judge should have been more specific about other cases that she referenced since she made some serious allegations regarding Prosecutors misconduct . There are many news articles on this case. (Ivan Gabledon, El Paso TX)
Note to self. Always request a speedy trial.
Mike!!! You look great! Got some sun, too. Glad you're having a great time. Thanks for the upload. Reduces my withdrawal symptoms LOL! 😊❤️💯 DON'T MESS WITH TEXAS!😘
PS: This is in Harris County, Houston, TX (MY playground!)
I'm not sure how I missed this video knowing that when I found your channel long ago I binge watched everyone I thought LOL
but it randomly came up in my suggested feed.
I'm very intrigued about this case myself! So I'm definitely interested in a follow up if it's available 💖
Mike, First so happy I found your channel, love it! Also, thank you for introducing me to Judge Bryant in 36 district! Love watching her! Today she was on 🔥!
Thank You 😊
He was accused of stabbing a 63 year old man to death during a paid sexual encounter. According to the defense, the 63 year old Garcia allegedly forced (suspect) 20 year old Ivan Gabaldon to do acts that he did not consent to while holding a knife.
The DA elevated the charges to capital murder and sought the death penalty, but prosecutor Curtis Cox admitted that he had not entirely reviewed the case weeks before the trial started, forensics had not yet returned their findings and witnesses had not been located.
MVP!!!!!
Judge was also taken aback by prosecutors both seeking the death penalty and being ok with him being released on bond (doesn’t make a ton of sense to me either. If he is not a danger……)
Wow! Thanks Dirk A. Are there links to find out more?
Suspicion is, they went for the death penalty to buy time because they were completely unprepared for court. The judge seems to fully support that suspicion.
Thanks. That is helpful.
Enjoy your time away! Love the sound of wind blowing! That’s why I’m in So Cal 😃
Seems to me the judge was saying that the Prosecution has not treated this case the same as they have other cases in that they were going overboard on this case while other cases of relative equal weight were not prosecuted so harshly. I could easily be wrong though.
That's what I inferred, too. Mike, she was talking about different cases when you thought she was talking about the same case; that's why you thought she was talking weird, tough and lax.
damn...thats the third one this week i sent ya. thats what friends are for when ya go on vacation huh> LOL. there was a pretty big history here lots of articles about presecutorial misconduct etc out there. one of the issues they focus on was that prosecution offered a PR bond right before changing the charge to a capital murder felony after he rejected a plea deal.
Wow, I was not expecting that. I agree we literally have no evidence as to how or why this was dismissed, but curious for your follow up to see the precursor to this 👀
The bailiff looks so sharp!! 👏🏽👏🏽👏🏽
It seems like after he did not plead guilty, they upped the charges so they could pursue the death penalty, which would indeed seem like they were being vindictive. The question is what the evidence is/was really like too....
Someone commented on this. The defendant refused to waive his right to speedy trial, the time came and the DA didn’t have all their ducks in a row yet so they offered to let him out on a PR bond if he waived his right to a speedy trial and he again refused.
So they took it to grand jury and got an indictments with the death penalty, and the defense shot back saying that they didn’t think he was so evil that they were willing to let him out on PR Bond, and only amped up to the fealty penalty because he refused
@@Sinful_Josh Exactly. Thought there had to be more to it. Thank you very much for that.
I just came to check out the lovely view........ Behind you! 😎
Hi Mike! You're amazing, keeping us up on things from St. Croix! Wow! Cannot thank you enough! Do you think there is any way we can find the previous videos on this matter? This is fascinating! Thank you! I've never seen anything like this! Hope you're having an amazing time! Love to you and the furbabies! ❤️🙏❤️🙏🐕🐕❤️🙏❤️🙏❤️
A little island quickie?! 😳 why Mike! I didn't think you were the type! 🤣
Sounds like the prosecutor tried to coerce the defendant to take a plea or face the death penalty. I think the Judge 's implication that the prosecutor let the file drag was more of an accusation the prosecutor was too lazy to do the work to take the matter to trial and would rather use his position to force the defendant to take a plea deal.
Gotta love those island quickies lol 🤣🤣🤣
She just called the whole department incompetent .
When you're done getting a tan and spending your naughty fund...do a deep dive. I have NEVER seen this happen before..I see a lawsuit in someones future.. 😳🤕 ouch
A case that could be facing the death penalty is crazy that it's being dismissed! WOW!!!!!
Mike, I hope you are enjoying St. Croix, I’m on St. John, the small island
Your naughty adventure agrees with you. Nice tan! As to this case, we need more information, for sure. Bur, given Texas' proclivity in executing criminals, I'm glad there seems to be at least a small check on the process.I hate the death penalty, when there is the availability of life without parole. You can't fix mistakes if someone is dead because of them.
Fascinating! Tons of wind noise coming from your end throughout the video, Mike.
Yeah I was on top of a hill in the Caribbean 😂
@@LawTalkWithMike Understandable, but can you deactivate the mic between comments? (Still really enjoyed the video)
Thank You that would have been a better plan I concede
@@LawTalkWithMike Oh, that old excuse. : p
Mike, I hope your "naughty adventure" is scheduled for at least the rest of this week or more. The Midwest is having an artic front coming in right now, with zero degree temps! I thought you should be forewarned. Otherwise we may have a Mike-cycle when you come home. From chilly Nebraska, brrrrrrr!
Seeing the defense attorney's reaction was so nice, she was beaming
Mike in the wild. No ring light. No controlled lighting. But still cute. 😂
😘
Wow. Nice motion by Mrs. Butterworth. Now I'm hungry for pancakes....
I heard about this from a friend (I believe this is the case, if not, it’s almost exact and the friend is LE in TX). I can’t confirm it, just saying what he told me and he thought it was messed up. Supposedly, It was a homicide and he (the defendant) was offered a plea which he rejected. It seems that there was misconduct on the LE and prosecutor’s side. There were a lot of arguments between defense council (arguing the misconduct) and the prosecutor’s office who was unprofessional to the defense attorney and they re-charged him for the higher crime of Murder 1, as a death penalty case apparently as punishment for the defendant not taking the original plea.
Tracks with what the Judge says(re-indictment), and while prosecuting this case they neglected other more serious crimes in her opinion. Also tracks with the "win-at-all-costs" mentality of DAs.
The defense says in another hearing that they had absolutely no negotiations in this case so that is a different case. Which means that this isn't the only guy being punished for demanding his right to a trial. This guy was being punished for demanding his right to a speedy trial. There had been 7+ prosecutors assigned to lead this prosecution however a 6 month period went by where nothing was done by the state. They didn't have evidence tested, subpoena witnesses, line up experts, or anything else. So after some really lame attempts to delay the trial didn't work they decided to charge him with capital murder and seek the death penalty as a way to buy them some more time.
You can see Ms Butterworth corpsing it, pressing her lips together to keep that big beaming smile off her face.
To paraphrase Benjamin Franklin: It is far far better for guilty people to be let free than to take the chance for an innocent person to be punished. The defense should have every possible advantage and consideration. That way we know the people we put in jail are indeed guilty of crime.
Oh! This sounds like it's the same one Bigen covered in more depth. I thought it sounded similar, but also thought it wasn't out of the realm of possibility that this has happened more than once, sadly.
thanks to Stranger Brothers and Lisa DeGraaf for the additional info. How did you find this all out?
Cool, an island quickie! I'm jealous.
He was still facing a burglary charge in Las Cruces after the dismissal.
I demand an audit on Mike’s Naughty Fund! Clearly, offshore expenditures are involved!
Thanks for taking us all on your Caribbean vacation. It’s nicer in St. Croix than Chicago.
Let’s get some perspective, here. This is Texas. The death penalty is NOT a bluff. If convicted, the defendant was GOING TO DIE! If there really was prosecutorial misconduct on an innocent person, it’s tantamount to a murder attempt.
Her Honor clearly and fully understands and appreciates the crushing gravity of what could have been. If there was even the slightest chance of misconduct, she clearly did the right thing.
I'm guessing that the original charge of felony murder had the underlying crime of sex for hire. If so, the difference between that and capital murder is extreme.
taking it possibly relitigating this case, at the expense of other cases they were ignoring. Definite smack down of the prosecutor here. Definitely curious what all they're being accused of
09:50 She didn't drop the ORIGINAL charge, she dropped the State's new capital charge.
"LoNg iSLaNd aUdiT" will appear in court this morning.
Thats the guy with the steelers shirt on the Judge with no tie got so mad about ....lol
Could it be that her inference to other cases being disregarded means that the prosecutor is pursuing THIS case and that there may yet be a different person who is actually guilty, yet in just hoping to close a case, they are trying to prosecute the wrong person?
That view is amazing!! I'm jealous, I want to be there too. Next time? lol
I've never seen such a well dressed bailiff before. The ones I've seen usually wear a law enforcement uniform, not a suit. Handsome, very handsome.
Ms. Butterworth is doing everything she can to not yell out in glee, let alone break out smiling.
This court was hearing the case that caused the capital indictment (defendant not giving State more time to convict him, State getting pissy), so I'd imagine the vindictiveness was somewhat evident to the court?
I want to know more about this case
I an interested in a clarification. I recently watched one of your videos (sorry don't remember the name of it) where there was a Texas SovCit who was charged with several crimes, As the judge was reading the crimes that were included in the plea agreement (I think it was a plea agreement) and the potential punishments was time in jail and time in prison. What determines if the person goes to jail vs. prison? When the person is finally released, does it make a difference if their time was served in prison or a jail? Yeah, I'm a law nerd. ;)
😂
Mike, is prosecutorial vindictiveness the same thing as malicious prosecution?
That judge messed with Texas's favorite thing; executing people. I bet she doesn't like sweet tea either.
When you said island quickie something completely different came to my mind that has nothing to do with the video!!
It is beautiful there. Mike's NAF..is paying off 😘
If the states gets it stuff together will double jeopardy apply
In her oral notice of order, the judge did not mention whether this dismissal of charges was "without prejudice" (where amended charges can be filed in the near future) or "with prejudice" (where the prosecutors can never file further charges based on the same alleged crime).
If the dismissal is with prejudice, then the defendant truly did get away with this one. I'd think this would be an important point to be clear on.
That’s assuming he was guilty of it. He could be innocent.
@@Sinful_Josh Yeah, I put "alleged crime." When I typed "truly did get away with this one," I thought of adding "(got away with it if he did it)," but I figured readers of an informal RUclips comment would understand my intended meaning.
@@HogTieChamp The story is it was a gay hookup with an older guy (for money). But the guy wanted to do more freaky stuff than he was willing and the older guy had a knife and was trying to force him to. He claims that he stabbed the guy in self defense.
And with this being El Paso where this all went down. I have no doubts that there was alot of judgement and bias in how he was treated prior to all of this due to the gay aspect of things.
@@Sinful_Josh Oh, wow... That does sound like an interesting criminal case. I wonder how fair of a trial this guy would get. Historically, women who are paid paid for any sex work (even stripping) have had a significant disadvantage when charged with any crime that has even a hint of violence. Some judges and jurors have difficulty applying the concept of "self-defense" in a scenario where a woman accepts money for sex acts. It must be about 1000x worse when you add in the gay-man-sex angle! Yeesh!
I just hope this judge is approaching this alleged crime with a sense of duty and fairness.
It was stated ‘with prejudice’
Ooooh...he was charged with Capital Murder by Terror or other felony. I about going to try to find the other court dates to see what happened.
Was Kim blandino not in court today???
🤷♂️
@@Blasted2Oblivion OK thnx
There are videos of prior hearings on this case on YT channel: 210th District Court TX Judge Alyssa Perez. It would be helpful to watch them to get more insight about this whole big mess. The hearing dated Nov 29, 2021 is especially informative. The exchanges between Judge and attorney Ferguson is kind of cringy. Defense Attorney Butterworth did an amazing job explaining just how corruptly the Prosecutors behaved in this case.
Mrs. Butterworth?🤣
Did she only dismiss the capital murder charge, or the felony murder charge also? The latter I think.
Hey Mike - Thats a nice Zoom Background you got there...............oh wait.
Mike I think it is your mic and the wind - you should mute yourself when your not talking if you are in the wind like that lol - hope you are enjoying your vacation!
I did the best I knew at the time 🤷♂️
@@LawTalkWithMike yeah i get it, I just have that hearing where I hear all the stuff I don't want to and can't hear all the stuff I need to LOL
digging into that naughty fund Mike?
Oh....my....gosh. Another reason I will NEVER live in Texas. Mike, can you get background on this? Thanks.
Can the prosecutor refile new charges?
I thinking they can’t unless they file an appeal
Mike, read the background from Lisa DeGraaf! It makes everything crystal clear to this non-attorney. Did you see defense council's face when the judge made her ruling?
Prosecutors routinely destroy innocent lives and then just go on to the next thing. 😢
If the Judge is ruling vindictive prosecution she should be referring the matter for disbarment
She said they disregarded by putting her in a situation where she had to dismiss
Check out El Paso times Dec 14. It does not say much so I assume it is a mess.
When the judge said that she was going to dismiss, ADA Ferguson’s body language completely changed. He was not expecting what the judge did at all.
Can the prosecutor seek appeal on the dismissal?
I know there are restrictions on what the State can appeal, for double-jeopardy reasons, but it's possible that since this was a technical ruling rather than a decision on the merits, the case continues and they can appeal the dismissal.
Hopefully an actual lawyer can chime in.
Wow! I am incredibly curious about the underlying facts. Which county was this in?
Also, would the defendant automatically be released (assuming he had no other reason to be held) now? The judge seems to have thought it all through…but wow 👀
The country is a backward state called Texas. (I am an expatriate. Have been for over 40 years.
El Paso
I believe she was saying the prosecutors were disregarding other related cases.
There is a zoom utube hearing in Judge
Perez’ live stream on a Motion by the prosecution for a continuance on the matter ofivan Galderon. The defense attorney explains clearly their position in requesting a jury trial on the matter of self-defense with regards to this murder. Someone else in the comments has explained the facts of the murder. If you are interested in this somewhat extreme hearing, you should go listen to that zoom hearing and you will understand the position of the defense and of the judge. That hearing was held three months ago, prior to the hearing Mike posted.
Love this judge.
The defense lawyer is asleep. Wow. He sure cares about his client
Well it would be interesting to know the full story. We dont know how long he has been in prison waiting for the courts to go through the process and there is always the possibility that he is innocent.
Sexy Mike having fun is good to see!❤🍀🤗
Wow never in my whole CRIMINAL life witch i turned around a long time ago did i ever see a judge do that. especially in Texas witch I lived and was in court a few times. Hahaha. But man that was like seeing an eclipse...
This is the same DA from the video you posted the other day where the judge didn’t accept the plea agreement. Seems like there’s a lot of incompetence in that office.
gday from Australia . love your vids mate 🙃😉😊
The terrible thing about this is that this guy probably committed a horrible crime, and he will be back on the street due to bad prosecutors.
This was fascinating. Please do a follow up?
On a different note, How about having some mercy on the single ladies? You look really really good, dude.
This case is interesting, Mike. What transpired prior to this hearing would be more interesting! Just remember...it's happening in TEXAS.
Sounds like she was referring to them over doing it with this case and at the same time ignoring other cases.
If you have to work your current office seems to be the way to go