2010.04.27 Hope allegedly said "Everyone was supposed to plea the same way"

[faefrost]

Here are the incident reports of Hopes involvement.



http://download.gannett.edgesuite.net/wtlv/docs/2010-359.pdf

http://download.gannett.edgesuite.net/wtlv/docs/2010-336.pdf


At approximately 2312 hours, Det.. arrived in Welaka on C.R.309 and found Misty Cummings, Ronald
Cummings and Hope Sikes walking north. Det.. stopped his vehicle and all three subjects got in. M.
Cummings entered the front passenger seat, R. Cumming entered the rear passenger seat and Hope Sikes
entered the rear driver's side seat. R. Cummings then directed Det.. to drive down Oak Street and stop in the
area of Second Avenue. Det.• then purchased (9) Hydrocodone pills (approximately 6.0 grams) from M.
Cummings and R. Cummings for $65.00. After the purchase was complete M. Cummings, R. Cummings and
Hope Sikes exited the vehicle and left the area on foot.






A short time later the UC returned to the area where the UC dropped M. Cummings and
H. Sykes. M. Cummings and Sykes were walking down the roadway and the UC stopped the vehicle. M.
Cummings got into the right rear passenger's seat, H. Sykes got into the left rear passenger's and the UC
departed from the area. M. Cummings gave R. Cummings the pills that UC then received. The pills purchased
are (25) Hydrocodone pills (approximately 16.2 grams) purchased from M. Cummings, R. Cummings and Hope
Sykes for $190.00. After the purchase was complete M. Cummings, R. Cummings and Hope Sykes exited the
vehicle and left the area in a white Chevy truck.


Here is Hope's arrest warrant.

http://i2.cdn.turner.com/cnn/2010/images/01/27/felony.arrest.warrants.pdf

From the incident report and the videos I have seen I don't believe they had a case at all, she never had the pills in her hand and it would be about impossible to say she had constructive possession of them when other people had them in their actual possession.


I would really like to know who encouraged her to take that plea and why. Who told her they were all pleading one way. The only way I can see the SA could get a conviction is if Ron or Misty had agreed to testify against her saying she did have them at one point.

Credit to Maryann123 for looking the first part up.

she willingly and actively got into the vehicle twice for the obvious purposes of taking part in a narcotics transaction. She may have been able to claim ignorance of what was going down once. But the second time she got in the car as part of the drug dealing team? sorry no way. She had absolute knowlege of exactly what was going down there and chose to participate in it. It really does not matter if she was holding the pills.

 

[Tainted Angel]

According to the statute:

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs.

http://www.thelawman.net/PracticeAreas/Florida-Drug-Trafficking-Statutes.asp

Key words are 'constructive possession'. The definition of that is:

Constructive possession is a legal theory used to extend possession to situations where a person has no hands-on custody of an object. Most courts say that constructive possession, also sometimes called "possession in law," exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United States v. Derose, 74 F.3d 1177 [11th Cir. 1996]).

http://legal-dictionary.thefreedictionary.com/possession

Do you think maybe this was what they went by when charging Hope in the first place?

And to keep the post on topic, how did they all agree to plea the same way if they were all arrested and locked up? I don't think any of them bailed out, did they? I know in one of the videos they were not letting ToC and MC communicate because they were co-defendants. Who could have told Hope about the deal to all plea the same?

Sorry if this has already been answered somewhere else. Trying to catch up on all the threads.

 

[Searchfortruth]

According to the statute:

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs.

http://www.thelawman.net/PracticeAreas/Florida-Drug-Trafficking-Statutes.asp

Key words are 'constructive possession'. The definition of that is:

Constructive possession is a legal theory used to extend possession to situations where a person has no hands-on custody of an object. Most courts say that constructive possession, also sometimes called "possession in law," exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United States v. Derose, 74 F.3d 1177 [11th Cir. 1996]).

http://legal-dictionary.thefreedictionary.com/possession

Do you think maybe this was what they went by when charging Hope in the first place?

And to keep the post on topic, how did they all agree to plea the same way if they were all arrested and locked up? I don't think any of them bailed out, did they? I know in one of the videos they were not letting ToC and MC communicate because they were co-defendants. Who could have told Hope about the deal to all plea the same?

Sorry if this has already been answered somewhere else. Trying to catch up on all the threads.

BBM.

I'm not sure, but Hope's mom did tell Hope that she had been talking to Ron's lawyer. And, Ron and Hope talked during the ride to court...Also, Hope said that, during that ride, Ron said the state offered him 25 years, so plea deals were obviously talked about.

 

[nnglas]

Doesn't Hope's mother remind her that when she plead No Contest that the judge asked her if she understood that by making that plea he could sentence her to 30 years? And Hope answered yes? So someone explain to me how Hope getting only 15 years is a sign her attorney didn't do her job or that Hope has the basis for an appeal. I'm not seeing it.

I honestly believe that she should have had her client plead not guilty. No way should she have agreed to plead no contest unless there was a deal in place to plead to a lesser crime. As far a trial, she could have gotten off since there doesn't seem to be any real proof that she sold anybody anything on tape. Or she could have been found guilty of a lesser charge. Also, maybe the prosecutor wouldn't want to waste time on trial for what seems to be pretty flimsy evidence, so should could have been offered a real plea deal. Even if found guilty at trial and received two 15 year sentences, more then likely they would have been served concurrently. So she is still back in the same situation she is in right now. IMO her atty did her no favors. Sorry.

 

[Vegas Bride]

It's my belief that RC is a big fish in a very small pond.
The people looking up to him are drug addled and swallow whatever story he wants to spin. He wants to play a big shot and learned young how to fool people, IMO there are still some people being fooled by him who should know better. "coughcoughNGcoughcough"
One day just maybe, some will get sober enough and come to realise that what he said was not reality but only what he wanted to have people believe.
It's difficult when you're in the middle of something to step back and see it for what it really is. You put your faith into someone like RC and he'll end up draining you of whatever soul you have.
What real substance does this man have?
I think it would be interesting to list what his actions are. Not his words but his actions. People so often get distracted by what someone says and somehow don't pay as much attention to what a person is doing (or not doing) like a husband who's cheating on his wife, but is good at giving her the song and dance about how much he loves her and would never cheat on her, the wife wants to believe the words and shuts her eyes to some of the signs that he's cheating.
Anybody can say anything, it does not have to be true.
I can post on here and talk about how beautiful I am, with my long flowing blond hair and big blue eyes and how I posed one year in Playboy!
Now most people are not going to fall for my lie, but there will be someone who is going to fall for it. RC has a little community of people who have fallen for his lies. He surrounds himself with people he knows are gullable.
One day Hope may have a lightbulb moment, or maybe she won't. She likes to talk tough and seems to think she knows everything, time will tell if she's able to make something of herself some day.

VB

 

[nnglas]

According to the statute:

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs.

http://www.thelawman.net/PracticeAreas/Florida-Drug-Trafficking-Statutes.asp

Key words are 'constructive possession'. The definition of that is:

Constructive possession is a legal theory used to extend possession to situations where a person has no hands-on custody of an object. Most courts say that constructive possession, also sometimes called "possession in law," exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United States v. Derose, 74 F.3d 1177 [11th Cir. 1996]).

http://legal-dictionary.thefreedictionary.com/possession

Do you think maybe this was what they went by when charging Hope in the first place?

And to keep the post on topic, how did they all agree to plea the same way if they were all arrested and locked up? I don't think any of them bailed out, did they? I know in one of the videos they were not letting ToC and MC communicate because they were co-defendants. Who could have told Hope about the deal to all plea the same?

Sorry if this has already been answered somewhere else. Trying to catch up on all the threads.

I believe that this is for corner drug dealers who hid the drugs somewhere and then tell the people where to get them. Just like when Misty told the UC that she was going to the bathroom and that he could follow after her and get the drugs. (Unless I am imagining that part)

 

[Bobbisangel]

It had to be when they were first arrested. I have no clue why Hope would want to plea no contest to these charges. I don't know if these people are even AWARE of their rights? Or can they even read? I am sorry but I REALLY feel these people need to get a group of lawyers willing to do a group rate here and advise them on what they can and cant do and what they should and shouldnt do.
I think they are all guilty as charged dont get me wrong but I also FEEL SORRY for all of them as it doesnt look like they UNDERSTAND what is going on....

There is drug traficking charges and a little girl that is dead... we are not at Disneyland for goodness sake!

Didn't Hope tell her mother that it was her attorney that decided to plead no contest? I would think her attorney would have told her what her choices were and explain them to her. The others have pled not guilty haven't they?
I can't imagine why Hope went along with no contest but she did. I wonder if she thought she would just get probation or a light sentence as she had only one count against her. Wonder if she has been into trouble before.

 

[Dr.Fessel]

I have heard constructive possession used when drugs are found in a car. It is your car and you are stopped and there is a passenger in the back seat.

The passenger takes a bag of dope out of his pocket and throws it on the floor.

If the passenger denies the dope is his and you refuse to testify that it is his dope then you are charged with it.

 

[Bobbisangel]

I don't see how it would have been of any benefit to Ron to tell everyone else how to plead. Hope pleading no contest and getting 15 years didn't affect Ron one way or the other. Each of these people have attorneys and it is the responsibility of the attorneys to talk to their clients and explain the charges and how the different ways they could plead would affect them. According to Hope when talking to her mother...her attorney made the decision to plead no contest. This group isn't the smartest in the world but I would bet they know more about pleading then we do. They know how this all works and how to get the best deals. I would bet that Hope thought if she pled no contest the judge would go easy on her and give her a light sentence or probation. Maybe he would have if he hadn't heard that tape. Maybe he decided she needed to spend some time in prison after listening to her big mouth and her talking about what she wasn't going to do and what the court could do and how bad she would be when she gets out.

 

[lillys]

Reading that Ronald was telling people how to plea makes my head hurt. Why would he advice everyone to plea the same when their charges are different?
When their ages are different?
When their bond is different?
I don't understand that.........................unless Ronald thinks he has that much control over Hope, Haleigh and Tommy. It makes no sense to me at all.

 

[lillys]

Didn't Hope tell her mother that it was her attorney that decided to plead no contest? I would think her attorney would have told her what her choices were and explain them to her. The others have pled not guilty haven't they?
I can't imagine why Hope went along with no contest but she did. I wonder if she thought she would just get probation or a light sentence as she had only one count against her. Wonder if she has been into trouble before.

Yes it was Hopes attny who told her to plea no contest.
IMO it looks like someone lead Hope in the wrong direction. I stated somewhere here before, dont get me wrong, I despise drugs and those who sell them but 15 years for 25 pills????
Child molesters rape and get off with 3 months and a warning....:banghead:
something aint right.

 

[Bobbisangel]

Well, how could she pay attention to her lawyer? Wasn't R-O-N-A-L-D in the same room with her? She was just overcome with hero worship at the time!

Everytime that Hope met with her attorney Ron was there? I don't think that is the way things are done in jail.

Hope isn't some innocent little thing that just got involved in the drug dealing because she wanted to hang out with her cousin Ron. She was there for the same reason that everyone else was there...making money. I would also bet money that Hope is a drug user the same as the others.

With the attitude that Hope has she probably didn't listen to her attorney because she probably thought she already knew it all. She said for them to give her 15 yrs and she got just what she asked for. She'll end up doing 5 years...1/3rd of her sentence.

 

[LeLe1953]

<quote snipped>

THANK YOU for looking that up! ITA, something is hinky about this...:waitasec:

Under the law, does it matter if she didn't have the pills in her hand? She was in the car, she went with Misty while drugs were purchased & then present when they were sold. Given her history of the past year, she can't cop to a "young & dumb" plea. After her audio of her & mommy, she couldnt exactly come off as innocent either.
I do think the lawyer told her to plead no contest. I think the "we were all supposed to plead the same way" was her perception of "one for all, all for one." On her tape regarding being in the car with Ronald, she sounded like a girl IN LOVE & just thrilled he let her into "his" world.
I would think they have all spent some time yacking about various family members arrest & pleas, Ronald bragging all the way. I think this is where she got the idea they would all enter the same plea.
I dont think she cares much about what Misty thinks, but if she is in love with Ronald & he betrayed her, she might get pizzed enough to tell it all.

 

[Dr.Fessel]

Under the law, does it matter if she didn't have the pills in her hand? She was in the car, she went with Misty while drugs were purchased & then present when they were sold. Given her history of the past year, she can't cop to a "young & dumb" plea. After her audio of her & mommy, she couldnt exactly come off as innocent either.
I do think the lawyer told her to plead no contest. I think the "we were all supposed to plead the same way" was her perception of "one for all, all for one." On her tape regarding being in the car with Ronald, she sounded like a girl IN LOVE & just thrilled he let her into "his" world.
I would think they have all spent some time yacking about various family members arrest & pleas, Ronald bragging all the way. I think this is where she got the idea they would all enter the same plea.
I dont think she cares much about what Misty thinks, but if she is in love with Ronald & he betrayed her, she might get pizzed enough to tell it all.

In this case they would have to prove she had it in her hands.

If it had gone to trial a lot of bad stuff about Ronald could have come out.

 

[nnglas]

Under the law, does it matter if she didn't have the pills in her hand? She was in the car, she went with Misty while drugs were purchased & then present when they were sold. Given her history of the past year, she can't cop to a "young & dumb" plea. After her audio of her & mommy, she couldnt exactly come off as innocent either.
I do think the lawyer told her to plead no contest. I think the "we were all supposed to plead the same way" was her perception of "one for all, all for one." On her tape regarding being in the car with Ronald, she sounded like a girl IN LOVE & just thrilled he let her into "his" world.
I would think they have all spent some time yacking about various family members arrest & pleas, Ronald bragging all the way. I think this is where she got the idea they would all enter the same plea.
I dont think she cares much about what Misty thinks, but if she is in love with Ronald & he betrayed her, she might get pizzed enough to tell it all.

Well the police reports that are further up the page, mention her actions, however, it also mentions that the drugs were purchased from RC and MC. I would have pleaded not guilty just based on that.:banghead:

 

[BellaCouture]

I think during that transport when HS and RC were together they talked about the possiblility of all pleading the same. The reason behind RC doing this is to avoid HS case going to trial. There could have been the possibility of HS slipping up about RC and some things related to Haleigh, who knows what else she could have said months later, angry, no drugs and sitting in jail waiting for her trial. She could have totally turned on him to get a deal if that was even possible. JMO

 

[Dr.Fessel]

I think during that transport when HS and RC were together they talked about the possiblility of all pleading the same. The reason behind RC doing this is to avoid HS case going to trial. There could have been the possibility of HS slipping up about RC and some things related to Haleigh, who knows what else she could have said months later, angry, no drugs and sitting in jail waiting for her trial. She could have totally turned on him to get a deal if that was even possible. JMO

It is to Ron and Mistys benefit that nobody goes to trial and testifies under oath.

 

[BellaCouture]

It is to Ron and Mistys benefit that nobody goes to trial and testifies under oath.

Agreed. It looks like Ron tossed Hope under the bus, as he probably lied to her regarding them all pleading the same. He knew he would never plead no contest. He was sickly sweet to Hope that day during the transport. Just to make sure she plead no contest. I believe her lawyer probably did go over all the options of each plea. Hope isn't naive, she knew what she was doing and thought the rest were doing it too. Ron just has a little more "street smarts" then Hope. I hope "Hope" learned her lesson about Ron now.

 

[grandmaj]

With Hope's arrest record had she gone to trial and lost, she could have gotten a sentence much longer.

Her attorney tried to assist her to get her on the youth offender program.

Instead Hope got on the phone showed she had no remorse, said she wasn't going to do this and that, admitted to telling a lie about her work as a stripper and pretty much laughed at the situation she was in saying We are ten steps ahead of the game. I doubt the judge saw her charges as a game. She showed her defiance toward the law and the court system.

Then she went to court and gives the judge a story about how she has learned her lesson..... that isn't what that audio sounded like to me.

Hope Sykes made her own bed IMO. Not her lawyer. She cooked her own goose. I am sure her attorney never would have in a million years believed this girl would get on the phone and say these things.

And I would hazard to guess the rest in this group will be facing equally stiff penalties.

I think I remember hearing Tommy on an audio saying his attorney got his case moved to a different county. So he would not be facing this judge or the one in St. John's.

I guess I missed this statement that they were all supposed to plead the same way? Was this on a vid? I can't believe that any of the other defendants would put their faith in the judge. Could she be making this up?

 

[Searchfortruth]

There is nothing simple about this case. An alarm should go off, everytime I think I have it figured out, as a warning that something's about to happen to prove me wrong.