2010.06.04 ~ Why won't Misty take a plea deal?

[Skully]

IIRC - there is transcript here where Misty says "they don't wanna know about Ronald" or something to that effect. I believe Tommy has said the same thing, LE won't listen.

I don't remember her saying anything about Ronald until recently on the tapes, she says they need to look at him closer. I do think that she was trying to get them to look at Joe and Tommy and she said they wouldn't listen. So she has pointed to lots of people now, even CS and family. But they know what she is lying about, which part of her story is a lie, they know that much.

 

[Wendy101]

I don't remember her saying anything about Ronald until recently on the tapes, she says they need to look at him closer. I do think that she was trying to get them to look at Joe and Tommy and she said they wouldn't listen. So she has pointed to lots of people now, even CS and family. But they know what she is lying about, which part of her story is a lie, they know that much.

IIRC it was with her last recorded conversation with Hank Sr. She told her dad they don't want to here about Ronald.

There is talk about it in the Misty's released thread below.

2010.05.23 ~ Misty Jailhouse videos released: General Discussion - Websleuths Crime Sleuthing Community

 

[4Jacy]

They're recidivists; they're all multiple offenders. Getting a mandatory minimum is the law telling them they've had their chance to make their lives right. Now the law has to take over and make their lives not damage the rest of the community in which they were living.

BBM
More that a "thanks" is needed here debs! You hit it right on the head, these players are recidivists. No matter how soft anyone feels for any of these players, for whatever reason, they cannot be trusted in society. We cannot have them around our children, the elderly, ourselves. Honest, respectful people should be allowed to live their life without the threat of druggies interferring in their lives.

Don't go soft on them Judge, please!

 

[dodie20]

Why would anyone be offering her a plea? LE seems to want her in prison for as long as possible, in case they can never pin charges re: Haleigh on her. I don't think she has been offered any plea, unless she is able to prove to them what happened on 2/9 and that isn't happening for a number of reasons. We have only heard defense lawyers talking about plea deals...not prosecution.

Also I am almost positive that the defense will not be able to bring in any allegations Crystal made against RC re: domestic violence. Unless he was convicted (not sure?) this would not be allowed and maybe not even then.

actually, I think a good lawyer could get that in-if it shows a pattern of Ronald using threats or violence against underaged girls, to get them to do his bidding.

 

[krkrjx]

well, the logical reason would be because Ron has something on Misty in the Haleigh case, but to believe that, we'd have to believe that he has been covering for Misty, & I'm not sure I can go there.

If that is the case, I doubt RC will get a plea deal because he cannot testify about anything regarding Haleigh at Misty's drug trial. And if testimony has to be limited to the drug issues I see Misty having more to bargain with than RC based on the evidence that has been made available to us.

JMO.

ETA: Personally, I hope neither one gets a plea deal unless it is something minor such as concurrent rather than consecutive, minimum rather than more, etc. I would like to see each of them sentenced to at least the minimum on each of their charges. They cared more about their next fix than about the lives of two small children and I am sorry but I do not feel like leniency is in order. They made their beds so they should have to lay in them.

 

[Flow]

Isn't Florida a majority rules state? Convictions can be gotten with seven out of twelve jurors voting guilty, or something like that. That's how it is in murder trials. I would expect other trials to have similar rules. Where are our attorneys? I know Louisiana and Oregon aren't "unanimous jury verdict' states.

Misty could be thinking 30 - 50 years or so for drugs is better than life (or death) for murder? Or taking a chance with a trial is the best he can do for a client who won't talk?

Maybe in civil cases but as far as I know all criminal trials are either bench trials [judge decides guilt] or jury trial requiring a unanimous verdict by the jury. I am not sure if the sentencing phase for a death penalty is majority or unanimous.

 

[dodie20]

If that is the case, I doubt RC will get a plea deal because he cannot testify about anything regarding Haleigh at Misty's drug trial. And if testimony has to be limited to the drug issues I see Misty having more to bargain with than RC based on the evidence that has been made available to us.

JMO.

ETA: Personally, I hope neither one gets a plea deal unless it is something minor such as concurrent rather than consecutive, minimum rather than more, etc. I would like to see each of them sentenced to at least the minimum on each of their charges. They cared more about their next fix than about the lives of two small children and I am sorry but I do not feel like leniency is in order. They made their beds so they should have to lay in them.

well,saying they should have to lay in their beds, is a lot different than them actually doing it. Ron's attorney has made no secret of plea negotiations going on...& I really, really, don't think it would be fair for him to get the same sentence as Hope, (who was barely involved), or a lesser sentence than Misty. so, it's easy to say, 'don't be lenient', but there are a lot of variables, to consider. I don't think it's likely they'll all get the max, so I want the sentences to be fair, relatively speaking.

 

[Donjeta]

Maybe it's just me overreacting but I find the statement, "We're not in the business of giving up" very interesting. It says to me that making a plea would equal giving up, which might mean that she would end up worse of if she spills it about Haleigh. So, better to take her chances with the jury.

 

[dodie20]

Maybe it's just me overreacting but I find the statement, "We're not in the business of giving up" very interesting. It says to me that making a plea would equal giving up, which might mean that she would end up worse of if she spills it about Haleigh. So, better to take her chances with the jury.

IDK, maybe...this guy is real hard to read, but I take it that he is either convinced that LE is out to get Misty, or that he, as her attorney, believes in her. but, I honestly don't have any idea.

 

[dodie20]

IDK, maybe...this guy is real hard to read, but I take it that he is either convinced that LE is out to get Misty, or that he, as her attorney, believes in her. but, I honestly don't have any idea.

also, his statement may have something to do with his feelings towards the whole minimun mandatory thing. why just accept any long sentence, without a fight? I agree, unless you have something big to hide.

 

[krkrjx]

well,saying they should have to lay in their beds, is a lot different than them actually doing it. Ron's attorney has made no secret of plea negotiations going on...& I really, really, don't think it would be fair for him to get the same sentence as Hope, (who was barely involved), or a lesser sentence than Misty. so, it's easy to say, 'don't be lenient', but there are a lot of variables, to consider. I don't think it's likely they'll all get the max, so I want the sentences to be fair, relatively speaking.

Yep, I agree. But I was speaking of what I would like to have happen, and I realize that may be very different from what will happen. Plea deals are made all the time and if RC and MC were to plead No Contest it would save time and money for the taxpayers--which is often the reason a deal is made. If they agree to plead No Contest, they should get something in return which would likely be guaranteed minimum and guaranteed concurrent.

I do not believe that mandatory sentencing is a good thing for non-violent crimes but for now it is the law so it should apply, IMO. In order to be FAIR, we would need mandatory minimums for child abusers and pedophiles. Then, mandatory sentencing for drug traffickers might begin to make sense. Keeping the drug traffickers locked up for 15-30 years while allowing dangerous violent criminals out in 5-7 years is convoluted, IMO.

 

[bessie]

this is O/T and may have already been discussed, but does anyone know why the K. that was listed as suspect #2 in the last bust has never materialized or been mentioned by anyone?

respectfully snipped

She is a juvenile.

 

[bessie]

BBM.. There might be a problem with viewing her as a victim considering..I recall hearing her call out... Babee.. Babee..Hey Ronald.. He doesn't want to do it here..JMO

Another problem in establishing Misty as a victim is the fact that Ron was not involved in the first two transactions. The first one was with Tommy, and the second one was with Donna B. when she and Misty returned to Florida from South Carolina (or is it North Carolina? Can't remember right now.) Anyway, Ron was nowhere around.

 

[oceanblueeyes]

According to this statement (article from Kimster's link above) that doesn't seem to be the case;

Misty Croslin, a central figure in the case of missing HaLeigh Cummings, was told Thursday in Putnam County court that she has until mid-August to make a deal with prosecutors in seven drug-trafficking cases that could send her to prison for decades.

*********************************************************

I think Att. Field's feels confident that there are a number of factors that a jury may be likely to take into consideration and find sympathetic in Misty's case. i.e. her age, lack of priors, her under-age involvement with co-defendant Ronald, her background/family history, etc. Apparently he thinks it's worth rolling the dice and I agree. JMHO ~


ETA: A juror's decision cannot be based on whether or not they feel that Misty is involved in HaLeigh's disappearance.

BBM

That is true. However their verdict also cannot be based on sympathy for the defendant either but on the facts entered at trial and there is no doubt about it Misty was drug trafficking and having a high old time doing it.

Juries usually don't go for excuses to excuse criminal behavior.

I think Field's is twisting it because he knows the DA is not going to come out and speak. I don't think there is a plea deal on the table and it is the DA, not Fields, that has to be agreeable to it in the first place.

IMO

 

[Chablis]

Misty has a good case actually. They will start out by asking Misty where she met Ronald, and it will be at a bus stop, and it will come out she was a 16 year old child at the time. Rons on tape taking the money and directing her where to exchange pills, we see him count the pills and then give them to Misty, like shes a mule.

She qualifies for the youthful offender program and I hope she gets it. Its worth the roll of the dice.

imo

 

[bessie]

Misty has a good case actually. They will start out by asking Misty where she met Ronald, and it will be at a bus stop, and it will come out she was a 16 year old child at the time. Rons on tape taking the money and directing her where to exchange pills, we see him count the pills and then give them to Misty, like shes a mule.

She qualifies for the youthful offender program and I hope she gets it. Its worth the roll of the dice.

imo

This might cause a problem with that defense.

From the incident report, January 8, 2010

This report is in furtherance of the investigation into the drug distribution activities of Misty Janette Cummings (A.K.A. Misty Croslin). Cummings is believed to be distributing an unknown amount of Pharmaceutical Narcotics throughout the Putnam County area.

Through previous recorded telephone calls with Det.••• and Cummings, Cummings agreed to sell "Endocet" (Oxycodone)
pills to Det_ The calls are summarized below:


Call#1: Cummings advised Det._ that she was coming from Virginia and was offering to sell Det." a large quantity of 7.5 mg "endocet". (Oxycodone) prescription pills .. Cummings told Det.~ that she and Brock had "a lot of them". Cummings advised Det that they had the pills and could meet Det.. tonight.

At approximately 0315 hours, the UC, and the UC vehicle were equipped with a video recording device and an audio monitoring device. This was done to allow Detectives and Agents to monitor the activities of Det.• the suspect(s), and to capture a video recording of the transaction.

From the incident report, December 22, 2009

This report is in furtherance of the investigation into the drug distribution activities of Misty Janette Cummings and Hank Croslin. Cummings and Croslin are believed to be distributing an unknown amount of Pharmaceutical Narcotics throughout the Putnam County area.

Through previous conversations, the UC indicated to Cummings that he wished to purchase 45 Roxicodone pills at which point Cummings indicated that she would be able to provide the pills.

At approximately 2:00 p.m., the UC, and the UC vehicle were equipped with a video recording device and an audio monitoring device. This was done to allow Detectives and Agents to monitor the activities of Det.• the suspect(s), and to capture a video recording of the transaction.

Links to the reports can be found at the site below.

http://www.firstcoastnews.com/news/topstories/news-article.aspx?storyid=151021&catid=3


Bear in mind that these two transaction occurred prior to the first transaction in which Ron was present (January 12, 2010). We haven't seen these tapes, but a jury will. Whether or not Ron had any knowledge of these transactions, Misty's attorney will face a difficult challenge in convincing a jury that he did since the evidence will show that Misty acted indepently of Ron.

 

[oceanblueeyes]

Misty has a good case actually. They will start out by asking Misty where she met Ronald, and it will be at a bus stop, and it will come out she was a 16 year old child at the time. Rons on tape taking the money and directing her where to exchange pills, we see him count the pills and then give them to Misty, like shes a mule.

She qualifies for the youthful offender program and I hope she gets it. Its worth the roll of the dice.

imo

I think that could open up a whole can of worms if the defense goes that route. Then the DA could bring in witnesses that had known Misty long before she met Ron Cummings and testify about what she had done prior to even meeting Ron. Imo, no one is going to believe Misty Croslin was an angel or some naive teenager before she met RC.

It is obvious Misty was not forced to participate in the drug trafficking. Misty made drug deals even without Ron being there. Her mannerisms showed she felt she was very much on top of her game.

imo

 

[Concerned Papa]

I think that could open up a whole can of worms if the defense goes that route. Then the DA could bring in witnesses that had known Misty long before she met Ron Cummings and testify about what she had done prior to even meeting Ron. Imo, no one is going to believe Misty Croslin was an angel or some naive teenager before she met RC.

It is obvious Misty was not forced to participate in the drug trafficking. Misty made drug deals even without Ron being there. Her mannerisms showed she felt she was very much on top of her game.

imo

Her mannerisms showed she was very much on top of her game? Take a good look at the first 20 seconds of one of the earlier sales in the series of transactions leading to the ultimate arrests:

http://www.youtube.com/watch?v=216Qy5FGr64

Misty was nervous and hyperventilating. It was Mr. Cummings who was reared back, relaxed, and handled the entire transactation.

As to being on top of a game, every one of these individuals gave criminals a bad name.

Every transaction we saw on video amounted to small quantities of pills that could be contained in one person's pocket. Instead of going to their source and purchasing the pills beforehand, they were apparently so broke they had to wait for the UC purchaser's money to be in hand BEFORE the merchandise could even be obtained thereby increasing their risk of discovery.

Most transactions involved more than one of them coming along. One video in particular shows Ronald Cummings, Hope Sykes AND Misty ALL piled into the UC's car to receive his money, be driven to their point of wholesale purchase, and ultimately complete the sale of 189 BIG OLE DOLLARS worth of illegal narcotics. Without knowing their wholesale cost, I would bet it was less than $100. Instead of ONE person buying the pills, and ONE person going to the meet for the exchange with the money, THREE of these people went along and now THREE instead of one are going to be doing serious, serious time behind bars.

Immediately before their arrest, Misty and Mr. Cummings PURCHASED pills from the UC for the first time and couldn't even pay for them. They arranged for credit terms of up to two weeks prompting Mr. Cummings to gleefully state "Man that's no problem. In two weeks I could work and make enough to pay you and EAT THEM MYSELF!"

On top of their game? I don't think I've ever seen a consortium of players who knew less about the game than these 5.

 

[Justin Tyme]

well, the logical reason would be because Ron has something on Misty in the Haleigh case, but to believe that, we'd have to believe that he has been covering for Misty, & I'm not sure I can go there.

Me either! Why would he cover for someone who he thought was responsible for the loss of his child. It makes more sense that she would be covering for him. I see that were on the same page here.

 

[Justin Tyme]

If she were offered a plea deal I don't see her taking it being that it would admit her involvement. In dealing with MC thus far, it appears that even when you have the proof on cameras she still denies it. She doesn't take any responsibility for any of her actions. It's always someone else's fault. What we need to look at is if she has EVER in the entire time from the point that we all have first heard of MC up until now accepted responsibility for anything. Which takes me now back to the other thread on MC. See ya there!