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

[dodie20]

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.

maybe they stuck it to her because they think she's holding back on Haleigh information. If she was involved or knows something, I think we can tell from her conversations, who she'd be aiming to please. I get the distinct feeling that this is just a big ol' game to these people. gettin' to be all gangsta & not snitching. what a pact.

 

[bessie]

After giving Hope's situation quite a bit of thought today, those are the exact thoughts I had, G'ma. Pleading not guilty would've been a big risk, IMO. Whether or not she had constructive possession of the drugs, a jury would've looked at those videos and seen that she was clearly an active participant. When all the chips were in, her only option was to cut her losses and take the 15 years.

If she had valuable information on her codefendants, she could've plead no contest and bargained for a lighter sentence. So, either she had no information to offer, or she was willing to do 15 years and keep her mouth shut out of loyalty. :sick:

ETA: I posted this in another thread but it's germane to this discussion, as well. It's an interesting read on Substantial Assistance and drug trafficking in Florida. Note that the statute reads, "reduce or suspend". IF she has any information to share, TN better make sure her commissary account stays nice and fat lest she have a change of heart.

Florida statute section 893.135(4) provides that "[t]he state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. . . . The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance."
All is well and good if an individual provides substantial assistance and in return receives a reduction in sentence. Some people, though, are unable to provide the prosecutor with such information. Others are simply unwilling to do so. In either case, substantial assistance is of no help to them.

continued at the link: http://www.justiceflorida.com/articles/sentencing-1/

 

[legalmania]

Was Hopes attorney a public defender?

 

[BellaCouture]

After giving Hope's situation quite a bit of thought today, those are the exact thoughts I had, G'ma. Pleading not guilty would've been a big risk, IMO. Whether or not she had constructive possession of the drugs, a jury would've looked at those videos and seen that she was clearly an active participant. When all the chips were in, her only option was to cut her losses and take the 15 years.

If she had valuable information on her codefendants, she could've plead no contest and bargained for a lighter sentence. So, either she had no information to offer, or she was willing to do 15 years and keep her mouth shut out of loyalty. :sick:

ETA: I posted this in another thread but it's germane to this discussion, as well. It's an interesting read on Substantial Assistance and drug trafficking in Florida. Note that the statute reads, "reduce or suspend". IF she has any information to share, TN better make sure her commissary account stays nice and fat lest she have a change of heart.

Florida statute section 893.135(4) provides that "[t]he state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. . . . The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance."
All is well and good if an individual provides substantial assistance and in return receives a reduction in sentence. Some people, though, are unable to provide the prosecutor with such information. Others are simply unwilling to do so. In either case, substantial assistance is of no help to them.

continued at the link: http://www.justiceflorida.com/articles/sentencing-1/

I'm willing to bet she does have to know something. Even if its a tiny bit of info. She could have made some sort of deal. Anything would have been better then what she got. I think she should have plead not guilty, too bad her attorney didn't instruct her to do so, as she may have been willing to give up her "loyalty" to Ron. I would be curious to know why her attorney instructed her to plead no contest, if in fact her attorney did.

 

[raisincharlie]

I'm willing to bet she does have to know something. Even if its a tiny bit of info. She could have made some sort of deal. Anything would have been better then what she got. I think she should have plead not guilty, too bad her attorney didn't instruct her to do so, as she may have been willing to give up her "loyalty" to Ron. I would be curious to know why her attorney instructed her to plead no contest, if in fact her attorney did.

Just my quess - take Hope's phone conversation with her Mum, and I have a feeling her conversation with her lawyer was much the same. I ain't gonna do boot camp and rehab, they might as well send me to prison for 15. You can lead a horse to water, but you can't make them drink.

 

[bessie]

Was Hopes attorney a public defender?

Initially, a public defender was appointed but later withdrew. A conflict counsel, M. Beeching, was then assigned to the case.

 

[BellaCouture]

Just my quess - take Hope's phone conversation with her Mum, and I have a feeling her conversation with her lawyer was much the same. I ain't gonna do boot camp and rehab, they might as well send me to prison for 15. You can lead a horse to water, but you can't make them drink.

I thought about that too--Hope just being another defiant teen that knows it all. Although I feel Ron sorta tricked her and she decided to plead no contest, of course some of that defiant "i aint gonna do boot camp" crap being another part of her decision to plea the way she did. I have never heard of someone being able to take someone else's charge for them. :waitasec:

 

[AlmostGone]

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.

Thanks surchfortruth! This is a main reason why I'm quiet now! Always something...

 

[Zoe Bogart]

AZ;
I think people committing these crimes discuss what will happen "IF" we get caught. I am uncertain if all of the lawyers and the prosecutors talked and decided all will plea the same and get x amount of time, (does not appear that way yet), but the druggies themselves may have made this agreement before capture.

I've been thinking about this. You must be right. Especially when they are recruiting newbies, "What if we get caught?", and the top dog says, "Don't worry about it. I can get us out. I'm in with LE." blah, blah Some new pushers must be timid, especially the kids who've have prior possession charges. Not that there's a real plan to protect the newbies, but one is actually in place for the big guy to protect himself.

The irony of the whole thing is in the drug bust videos, both RC and MC voice concern with people seeing them involved because cameras are always watching, as RC said, "because of my daughter". :doh: So they obviously had thought about being caught. Makes sense there would be some sort of backup plan. Too bad Hope didn't remember her prior stint in county jail before partaking in a more serious crime. :shakehead:

 

[Zoe Bogart]

Originally Posted by Pensfan
Prepare for her to appeal on the basis that she is disabled. She has dysfunctional ESCRT-III, lacking essential components (such as mSnf7-2, one of the mouse homologs of Shrub) or containing ectopically expressed FTD3-associated mutant CHMP2B, causes dendritic retraction, autophagosome accumulation and neurodegeneration. She is afflicted with DUH Disease. It is genetic disorder that runs in their family and also in the Croslins.

I've heard of this genetic disorder--and concur that they do make a prime prospect of it---the DUH disease is a good and very established diagnosis...good call!!!:dance::crazy:

I see this DUH disease involves a mouse, which is certainly apropos.

 

[joeskidbeck]

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.

This happened in Georgia and I know the laws are probably different, but I know a girl who was in a guy's car and he had meth in his possession. They were pulled over by two deputies and asked permission to search the car. Of course they found the meth and proceeded to arrest both of them because it was in the floor and could have belonged to either of them. The guy told the deputies that the meth was his, so they let the girl go. She tells me that this is known as "taking the charge". Had he not done so, she would have gone to jail.

 

[Violet]

I see this DUH disease involves a mouse, which is certainly apropos.

OK so this is where the rat comes in. :crazy:

 

[Zoe Bogart]

Here's the video where Misty and Hope come back to the car and one of them hands the pills to Ron. It's sort of hard to tell who is handing the pills over...looks like Hope, but it might have been Misty.

http://www.palatkadailynews.com/articles/2010/02/22/news/news0350.tnv

These videos are obviously edited. We're not seeing everything. There are many "fastforward" moments. The complete tapes probably have an eyeful with lots of incriminating evidence. They released what showcased the two main stars. MC & RC were the focus, so it's edited to show them. I don't remember seeing any tapes of ToC and DB but I'm sure there are some in the hands of LE.

Even if Hope was told 'we'll all make the same plea', that doesn't mean her whining "everyone was supposed to plea the same way" isn't her very own childish/teenaged version of "but everyone else was doing it". She was caught, she was sentenced. Rightly so.

Thanks to LaLaw2000 for bringing her flattering rap sheet to this thread. Two prior felonies and three misdemeanors. A real eye-opener. This chick isn't playing in chicken feed, folks.

 

[azwriter]

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.

The magic word in Hope's sentencing is Mandatory. The judge had no choice. He or she can not pick a number out of the air. The state laws set the time a person will serve for a certain drug crime, it's mandatory and they have to serve the full time.
In the news story it was stated Hope had a previous drug charge for possession, just two weeks before she was busted with Ron and the gang.
As for her attorney deciding what she should plea. There are safe guards that defendents understand the charges and what will happen with the different pleas. She has to sign off on that as well as answer the judge when asked if she understand the charges and her plea.
JMO, but there's no wiggle room for Hope to lay this all off on her attorney.

 

[nnglas]

The magic word in Hope's sentencing is Mandatory. The judge had no choice. He or she can not pick a number out of the air. The state laws set the time a person will serve for a certain drug crime, it's mandatory and they have to serve the full time.
In the news story it was stated Hope had a previous drug charge for possession, just two weeks before she was busted with Ron and the gang.
As for her attorney deciding what she should plea. There are safe guards that defendents understand the charges and what will happen with the different pleas. She has to sign off on that as well as answer the judge when asked if she understand the charges and her plea.
JMO, but there's no wiggle room for Hope to lay this all off on her attorney.

Well....Why have her plead no contest. All she did was save Florida the price of a trial. Look, honestly, it is hard for me to defend Hope, because I really don't care that much about her. However, if it was anybody else, this would be wrong. I believe Hope was ill advised. I agree the judge didin't have that much of a choice. However, the atty could have struck a deal for her to plead to lesser charges. If not, go to trial. She got a raw deal IMO. And what would have been the harm in waiting? Why plead no contest with Haleigh's case hanging over everyones head. Especially since it is clear that she (HS), was not the one they were after. Sorry, the more I type, the worst it seems. She's what? 18?

 

[SoSueMe]

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.

Really? So, if this is the case, why didn't Ronald tell them it was HIS dope and take Hope's charges like he told her he would do?

 

[GER]

Really? So, if this is the case, why didn't Ronald tell them it was HIS dope and take Hope's charges like he told her he would do?

Two things I can think of...
One, HS wasn't arrested with RC/MC....
Two, we don't know or have seen the video of the backseat... It could've clearly shown more of HS's involvement than what we have seen.

 

[SoSueMe]

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.

I think it MAY benefit Ron that Hope pled no contest. An attorney needs to weigh in because I'm not sure how the law works, but in pleading no contest, I think it prevents Hope from now testifying against Ron as a co-conspirator. Does anyone with a legal background know about this?

 

[MADJGNLAW]

Well....Why have her plead no contest. All she did was save Florida the price of a trial. Look, honestly, it is hard for me to defend Hope, because I really don't care that much about her. However, if it was anybody else, this would be wrong. I believe Hope was ill advised. I agree the judge didn't have that much of a choice. However, the atty could have struck a deal for her to plead to lesser charges. If not, go to trial. She got a raw deal IMO. And what would have been the harm in waiting? Why plead no contest with Haleigh's case hanging over everyones head. Especially since it is clear that she (HS), was not the one they were after. Sorry, the more I type, the worst it seems. She's what? 18?

I agree, anyone else would of not received this sentence IMO. I know I keep harping over Hope's sentence and it's not that I feel she should get away with her crime. I just feel that she should be treated as any other criminal with similar charges.

Going back looking at some of Ron's charges, even though they were not drug trafficking, they were drug related and he got a slap on the wrist. Below are just a few of his charges...I just don't understand, it has been explained to me but still don't understand fully lol..

https://www.putnam-fl.com/secure/public_menu.php

UCN: 542002CF002133XXAXMX
File Date: 2002-12-12 Judge: TERRY J LARUE
Defense Atty: SIKES, LARRY E



Defendant
CUMMINGS, RONALD LEMYLES
Alias



Date # Docket Description
2002-12-12 1 ARREST REPORT - PCSO (ARREST 12/12/2002)

2002-12-12 1 POSSESSION OF COCAINE 2002-12-12 1 POSSESSION OF CONTROLLED SUBSTANCE

2002-12-12 1 POSSESSION OF CANNABIS UNDER 20 GRAMS 2002-12-12 1 POSSESSION OF DRUG WITHOUT PRESCRIPTION 2002-12-12 1 POSSESSION OF DRUG PARAPHERNALIA
2002-12-12 1 BOND SET AT $ 2,504 SECURED BLANKET
2003-04-01 20 CONTINUED TO 05/27/2003

2003-04-08 22 SUBSTANCE ABUSE OFFENDER REFERRAL AGREEMENT
2003-05-27 23 THE CASE WAS ORDERED NOLLE PROSEQUI IN OPEN COURT
2003-05-27 24 BK 374 PG 597


UCN: 542004CF002063XXAXMX
File Date: 2004-11-16 Judge: A W NICHOLS III
Defense Atty: FELICIANO, SHARON



Defendant
CUMMINGS, RONALD LEMYLES




Date # Docket Description
2004-11-16 1 ARREST REPORT - PCSO EDGAR (ARREST 11/12/04)

2004-11-16 1 POSSESSION OF CANNABIS IN EXCESS OF 20 GRAMS
2004-11-16 1 POSSESSION OF DRUG PARAPHERNALIA

2004-11-16 1 MAINTAINING A DRUG VEHICLE
2004-11-16 3 TRAFFIC CITATION - #7877-DBJ 2 2004-12-03 7 INFORMATION (CT 1-POSSESSION OF CANNABIS IN EXCESS

2004-12-03 7 OF 20 GRAMS)
2005-01-18 15 DRUG COURT HEARING MINUTES: DEFT PRESENT, ATT BY KURT

2005-01-18 15 TEIFKE, COURT DIRECTED DEFENDANT MAKE AND KEEP

2005-01-18 15 APPOINTMENT WITH PUBLIC DEFENDER AND TREATMENT

2005-01-18 15 PROVIDER, NEXT HEARING SET 01/25/2005

2005-01-18 16 NOTICE GIVEN TO DEFENDANT IN COURT FOR NEXT COURT DATE

2005-01-25 17 DRUG COURT HEARING MINUTES: DEFENDANT PRESENT, DEFT MET WITH

2005-01-25 17 PUBLIC DEFENDER, DEFT SCREENED BY TREATMENT AND DEEMED

2005-01-25 17 APPROPRIATE FOR DRUG COURT, DEFT DECLINED THE DRUG COURT
2005-02-03 18 ADI - LEVEL II
2005-03-03 20 MAX PENALTY 5 YRS DOC &/OR $5000 FINE, PSI WAIVED,

2005-03-03 20 PLEA ACCEPTED, SENTENCING SET SAME DAY

2005-03-03 20 ADJUDICATION OF GUILT WITHHELD

2005-03-03 20 $370.00 COURT COSTS (6 MONTHS TO PAY)

2005-03-03 20 ADI PROGRAM - LEVEL II

2005-09-08 21 CERTIFICATE OF COMPLETION OF ADI LEVEL II PROGRAM

 

[amysmom]

I think it MAY benefit Ron that Hope pled no contest. An attorney needs to weigh in because I'm not sure how the law works, but in pleading no contest, I think it prevents Hope from now testifying against Ron as a co-conspirator. Does anyone with a legal background know about this?

That was my Q..If Hope is as freaked out about her sentence as she appeared & if she is pissed enough that R&M betrayed her re: the plea can she later testify at either one or both of their trials?..IOW..Turn on them out of anger & spite..Also, is it too late to spill some info re: Haleigh in exchange for a lighter sentence?