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

[Baxter]

His charge doesn't carry a 15-25 mandatory minimum. It's my understanding that his charge is for such a low amt of drugs that it did not put him up in the BIG long sentence minimum BRACKET, as Hope's did. And if I'm not mistaken he did take some sort of "deal"(and I assume that was offered because of his coming forward which led to the newest search).. As he spoke of this 3 year deal that he wanted to go ahead and take and was telling Momma Lisa to get his atty ASAP so he could sign off and take the 3 yr deal... This was all in the aftermath of Tommy finding out about Hope Sykes VERY LENGTHY sentence. I believe it skeered the bee-geezus out of him and instead of continuing to "hold out" for something better he wanted to get the 3 yr deal signed ASAP(probably before DA could/would change their mind&possibly take that deal off the table)
So knowing that, it does kinda make since for him to take what they were offering and not hold out any longer, after him seeing what happened to Hope(IMO).

Tommy did not take any deal and he could be sentenced up to 30 years.

"He pleaded no contest to those charges Thursday and under sentencing guidelines faces a minimum of three years in prison. The judge could up that to 44 months or sentence him to a maximum of 30 years. By July 6, a date will be set for a sentencing hearing.

James Werter, the attorney for Croslin Jr., said his client has not agreed to testify for the state when his sister goes to trial."

“There’s no deals on the table,” he said
http://jacksonville.com/news/crime/...ssing-haleigh-cummings-case-pleads-no-contest

 

[Donjeta]

I can't see why the state would need Tommy's testimony anyway when Misty goes to trial for the drugs. What can he say? "Yes, Misty sold drugs, I seen it with mine own eyes." We know that already, she's on tape doing it.

However, James Werter doesn't say that Tommy hasn't agreed to testify in Haleigh's case when [unnamed perp] goes to trial. And deals could be off the table if they're already been agreed upon and no longer negotiated. Hmmm... (I know I know... wishful thinking...wishful thinking...)

 

[faefrost]

I can't see why the state would need Tommy's testimony anyway when Misty goes to trial for the drugs. What can he say? "Yes, Misty sold drugs, I seen it with mine own eyes." We know that already, she's on tape doing it.

However, James Werter doesn't say that Tommy hasn't agreed to testify in Haleigh's case when [unnamed perp] goes to trial. And deals could be off the table if they're already been agreed upon and no longer negotiated. Hmmm... (I know I know... wishful thinking...wishful thinking...)

I suspect that the state could care less about anything Tommy would offer regarding the drug busts. It's the little girl that they want information on.

This is also why Misty is not seen trying to strike a deal. I get the impression that Misty would desperately love to pull a deal on the drug charges. But the SA has no interest. They have her on those charges bang dead to rights. The only deal they will entertain from her is a truthful and complete answer to what happened to Hailey. The fact that Misty has not offered it up is very telling.

 

[truckengirl]

IMHO, the reason Misty does not come forwad with the truth is because she was somehow involved in whatever happened to Haleigh. Whatever she did I think will get her more time than the drug charges so she will never talk. If she truly was not involved in Haleigh's death she would have talked by now to get out of jail. I dont know if she directly killed Haleigh, covered up the death, or what but whatever happened she knows will get her more time in jail than the drug charges and she could even get the death peanlty if it was found out that she purposedly killed Haleigh. This girl hates jail so I truly believe with her not telling what really happened speaks for itself, she knows it will get her more time than the drug charges.

 

[tlcya]

My thoughts on why Misty won't take a plea deal - She has nothing LE needs inasmuchas the DRUG case. And she has been less than forthcoming on the Haleigh issue. My personal opinion is that she won't take a deal because there is no longer any deal on the table.

LE is done being d*cked around by her.

 

[elle1919]

http://staugustine.com/news/local-news/2010-06-04/misty-croslin-gets-deal-deadline

snip~On Thursday, the judge set a trial for Aug. 23 on the Putnam cases. Croslin has a "last chance plea date" of Aug. 16 to work out an agreement with prosecutors, LaRue said.

In a dark blue jail jumpsuit and with her hair braided tightly to her head, she spoke softly to the judge and signed notices for each of the seven counts. Her parents sat in the courtroom and later said it was upsetting to see the two brought into court.~ end snip

snip~One of the few ways for judges to deviate from minimum mandatory sentences is when a defendant gives substantial assistance in another case.~ end snip

Considering the two above statements....Misty is being given a little extra time to change her mind and help herself by giving information in another case, the Haleigh Cummings case, but in my opinion she won't offer up any info because she would just be incriminating herself in the case. I am sure she figures she will just take what they give her for the drug charges .....rather than offer information to help with another case and incriminate herself and her family.

Translation....no plea deal on the drug charges.

 

[1Chump]

So you think Fields will argue that Misty acted under duress in the drug deals. What evidence do you think will support that defense?

I was talking about how Fields could question Ronald and Tommy in the depositions regarding Haleigh. Depositions are basically a fishing expedition to try to get statements but also to gather "potential" evidence for a case. Ronald or Tommy's attorney could file a motion try to get a judge to limit questions and not allow Field's to question them about Haleigh. However, Fields could easily oppose the motion and get the Judge to allow him to ask those types of question during the depositions. Ronald and Tommy's attorneys would have to show why Fields should not be allowed to pursue a possible defense that Misty was forced or afraid as a result of Haleigh's disappearance.

As far as Misty's defense and anything Haleigh related coming in, it depends. For trial, Fields would have to show real evidence to support it but not for deposition.

If Misty goes to trial, I doubt that Fields is going to try to get her found not guilty. IMO, it will be to try to get her in the Youthful Offender Program. IMO, he would need expert witnesses in domestic violence and/or psychologist to have any chance of getting her found not guilty.

 

[1Chump]

Possibly. But 1chump said Fields can "easily" show that Misty acted because of threats from Tommy and Ron regarding Haleigh's case. I'm interested in what that evidence might be.

Yeah, me too! It will be interesting to see how this all pans out, thats for sure.

I was talking about taking the depositions of Ronald and Tommy.

"Fields can easily use the defense that she was afraid of Tommy and Ron because of threats made against her over Haleigh. Then she has the right to ask questions of them for her defense."

Fields can easily use the defense, for purposes of the DEPOSITION, that she was afraid of Tommy and/or Ron because of threats over Haleigh. Depending on what happened in the depos would be if he actually went with that defense.

For deposition questions, you are searching for statements and/or evidence so you have more leeway.

 

[jessigirl]

Tommy did not take any deal and he could be sentenced up to 30 years.

"He pleaded no contest to those charges Thursday and under sentencing guidelines faces a minimum of three years in prison. The judge could up that to 44 months or sentence him to a maximum of 30 years. By July 6, a date will be set for a sentencing hearing.

James Werter, the attorney for Croslin Jr., said his client has not agreed to testify for the state when his sister goes to trial."

“There’s no deals on the table,” he said
http://jacksonville.com/news/crime/...ssing-haleigh-cummings-case-pleads-no-contest

Well, it sure isn't the first time that I have misunderstood something in this case, and I'm positive it certainly will not be the last.. I was only going by what Tommy was stating in the phonecall btwn himself, lisa, and Hank SR. when they had just found out that Hope was indeed sentenced to 15 VERY LONG YEARS IN PRISON. He was panicked and asking momma lisa to get his atty so that he could "take the 3yrs" and that is where I "assumed" the 3yrs had to be part of some sort of "deal", why else would he be stating to get his atty he wanted to take the 3yrs?
But as, I stated in my post that you are referring to in the above post, it was MY understanding. I didnt quote it as fact and as I said it will not be last time that I misunderstand something in this NEVER ENDING NIGHTMARE of a case.

 

[Natal]

Because LE thinks she is responsible and won't give the kind of deal that Misty wants. Or because they are convinced she will lie when she gives the DA information as her part of the deal. Or because there is nothing she can trade for a reduced sentence. There is no plea deal unless the criminal has something to trade. They no doubt want her to tell them about Haleigh.

Not true. Plea deals are routinely made to wrap up cases and avoid having a trial.

 

[Natal]

Tommy did not take any deal and he could be sentenced up to 30 years.

"He pleaded no contest to those charges Thursday and under sentencing guidelines faces a minimum of three years in prison. The judge could up that to 44 months or sentence him to a maximum of 30 years. By July 6, a date will be set for a sentencing hearing.

James Werter, the attorney for Croslin Jr., said his client has not agreed to testify for the state when his sister goes to trial."

“There’s no deals on the table,” he said
http://jacksonville.com/news/crime/...ssing-haleigh-cummings-case-pleads-no-contest

He will most likely get the minimum, just like Hope did.

 

[Natal]

IMHO, the reason Misty does not come forwad with the truth is because she was somehow involved in whatever happened to Haleigh. Whatever she did I think will get her more time than the drug charges so she will never talk. If she truly was not involved in Haleigh's death she would have talked by now to get out of jail. I dont know if she directly killed Haleigh, covered up the death, or what but whatever happened she knows will get her more time in jail than the drug charges and she could even get the death peanlty if it was found out that she purposedly killed Haleigh. This girl hates jail so I truly believe with her not telling what really happened speaks for itself, she knows it will get her more time than the drug charges.

If she wasn't involved with Haleigh's dissapearance and doesnt know anything she wouldn't be able to offer anything for a deal.

If she gets the minimum in consecutive sentences she will spend the rest of her life behind bars so what could be worst than that? Whatever happened to Haleigh it probably wouldn't be a DP situation for Misty, so what would she have to lose by keeping quite? Worst case scenario would be that she would get life, but she is going to get that anyway unless she can somehow convince the courts to show mercy.

Unless she believes she will get off the drug charges for some reason, it would seem to be in her best interest to make a deal in return for telling what she knows about Haleigh, but I think she just doesnt know anything, at least not for sure, not anything that would have value in a trial.

 

[snowshuze]

He will most likely get the minimum, just like Hope did.

Hopefully the judge will take into account Tommys criminal background< the fact he was up on other charges when he perpetrated THIS crime> and up the ante. Whatta shocker for Tommy, eh?


Sorry if this is OT for this thread.

 

[debs]

There is no proof that Tommy was the thief. Just because his sister said he took the stuff, and just because his wife could find things in her home that weren't hers, doesn't make Tommy a thief of these items, and they'd better have a heck of a lot more to go on than just recovered items in a house shared by no less than 2 thieves, and a bunch of liars.

 

[OneLostGrl]

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.

Amen!

 

[OneLostGrl]

As an ex-con I gotta say, IMO it's as simple as this- Misty won't accept a plea cuz she thinks she is gonna get out of these charges or that if she doesn't "get away with it" she'll only get minimal punishment.

IMO her mindset is.. Take it to trial- I got this! She's got another thing comin' though if she really believes that.

 

[OneLostGrl]

There is no proof that Tommy was the thief. Just because his sister said he took the stuff, and just because his wife could find things in her home that weren't hers, doesn't make Tommy a thief of these items, and they'd better have a heck of a lot more to go on than just recovered items in a house shared by no less than 2 thieves, and a bunch of liars.

didn't he admit it though, during one of the jail house visits with his wife? I'm pretty sure his mother probably spilled about his involvement when she got busted, she's that type imo.

 

[OneLostGrl]

Right, but Misty is 18 and her past criminal record, if she has one is sealed under juvenile protection laws, so what anyone would have to say about her would just be considered hearsay and not admissible in court.

And she made mistakes, but I have a feeling she was a mule for Ronald Cummings and I think it can be proven, and I hope it does.

jmo

I seriously doubt it with a case like this- this is drug trafficking! It doesn't matter who or what you were before or who you could someday become- it's about this county's war on drugs. They look at the charge and that's it.

 

[Owlface]

Not true. Plea deals are routinely made to wrap up cases and avoid having a trial.

Which is why I fully expect that each of these cases will end in a plea rather than a trial - trials are extremely expensive and there is an expectation that the prosecutor will work with the defense attorney to come up with some sort of plea. If the amount of time isn't negotiable then where they will do their time or whether some of the charges will be dropped will be negotiated.

 

[KSH352]

I was talking about how Fields could question Ronald and Tommy in the depositions regarding Haleigh. Depositions are basically a fishing expedition to try to get statements but also to gather "potential" evidence for a case. Ronald or Tommy's attorney could file a motion try to get a judge to limit questions and not allow Field's to question them about Haleigh. However, Fields could easily oppose the motion and get the Judge to allow him to ask those types of question during the depositions. Ronald and Tommy's attorneys would have to show why Fields should not be allowed to pursue a possible defense that Misty was forced or afraid as a result of Haleigh's disappearance.

As far as Misty's defense and anything Haleigh related coming in, it depends. For trial, Fields would have to show real evidence to support it but not for deposition.

If Misty goes to trial, I doubt that Fields is going to try to get her found not guilty. IMO, it will be to try to get her in the Youthful Offender Program. IMO, he would need expert witnesses in domestic violence and/or psychologist to have any chance of getting her found not guilty.

Bolded by me:

I understand that you can not force Ronald or Tommy to give a statement about the HaLeigh case. They can legally maintain the silence. Also I do not believe that any information regarding HaLeigh Cummings has any thing to do with the drug case. They are separate cases.

I will make a couple of phone calls and find out for sure it what I think is correct here in Florida.

ps. I wish anyone could force these 3 players to talk but you can't.