Where will AJ and Anthony Ferrari end up?

[ionel]

Just now, 1032004 said:

I don't care where Angelo goes.  I just hope it's away from his brothers and dad and uncle.   

ftfy

[1032004]

5 minutes ago, ionel said:

ftfy

Uncle?  Don't think I've heard anything about him?

[ionel]

37 minutes ago, 1032004 said:

Uncle?  Don't think I've heard anything about him?

Part of the Family Plan.

[Mike Parrish]

Have you guys seen AJ's MMA workout videos?

They are sublime hilarity.

[Mike Parrish]

That is so on brand.


Heads up, that twitter is definitely NSFW!

Edited April 18, 2023 by Mike Parrish

[ionel]

18 minutes ago, 82bordeaux said:

You had to ask...

 

Not to worry.  I hear when they move to Iowa City all 5 will be joining St. Mary's Boys Choir.   

Edited April 18, 2023 by ionel

[82bordeaux]

13 minutes ago, Mike Parrish said:

That is so on brand.


Heads up, that twitter is definitely NSFW!

I say keep the whole damn family together! Welcome to Iowa. The land of wholesome.

[jchapman]

That's a parody Twitter account, correct?

[Caveira]

11 inches of parody apparently.   

[82bordeaux]

1 hour ago, jchapman said:

That's a parody Twitter account, correct?

God I sure hope so!

[ionel]

04-18-2023 TEXT
JUDGE KULLING/JP: THE STATE APPEARS BY ATTORNEY JOSE VILLARREAL. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE DEFENDANT REQUEST A JURY TRIAL DATE. THE COURT SETS THIS CASE FOR JURY TRIAL ON SEPTEMBER 26TH 2023 9:00AM. THE COURT SETS FURTHER PRETRIAL FOR JULY 18TH 2023 1:30PM.
Ferrari, Albert James Jr

[BobDole]

1 hour ago, ionel said:

04-18-2023 TEXT
JUDGE KULLING/JP: THE STATE APPEARS BY ATTORNEY JOSE VILLARREAL. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE DEFENDANT REQUEST A JURY TRIAL DATE. THE COURT SETS THIS CASE FOR JURY TRIAL ON SEPTEMBER 26TH 2023 9:00AM. THE COURT SETS FURTHER PRETRIAL FOR JULY 18TH 2023 1:30PM.
Ferrari, Albert James Jr

Sounds like there is a low chance he wrestles first semester. No school will take him until the legal stuff is sorted out.

[PortaJohn]

@VakAttackcan you set the record straight on an opinion posted on BWI pertaining to AJ's pretrial

• 20 minutes ago

• #17

This is not good news for AJF. It suggests (1) a motivated prosecutor and (2) no palatable plea offer — i.e., the State wants a felony conviction and likely jail time.

I’d wager that the only public wrestling AJF will be seen in for the next couple of years at least will be WWE or MMA.

[ionel]

38 minutes ago, BobDole said:

Sounds like there is a low chance he wrestles first semester. No school will take him until the legal stuff is sorted out.

but Iowa really really wants him. 

[VakAttack]

18 minutes ago, PortaJohn said:

@VakAttackcan you set the record straight on an opinion posted on BWI pertaining to AJ's pretrial

• 20 minutes ago

• #17

This is not good news for AJF. It suggests (1) a motivated prosecutor and (2) no palatable plea offer — i.e., the State wants a felony conviction and likely jail time.

I’d wager that the only public wrestling AJF will be seen in for the next couple of years at least will be WWE or MMA.

It doesn't mean anything.  Even that trial date is malleable, they get moved all the time.  Now, for the record, I don't practice in Oklahoma, obviously, but for example here in Florida, trial dates move in cycles.  We have Pre-Trial hearings that have an "assigned" Trial Term, so the court dockets show a case that is set for a April 19 pre-trial date and also set for trial on the next trial term in May.  However, especially post-COVID shutdowns with a big backlog of cases, the odds of a case actually going to trial that quickly after the Pre-Trial date would be astronomically low UNLESS the Defendant insisted and demanded his right to a speedy trial.  It's neutral, at least under Florida criminal practice.

It's noteworthy, though, that the docket seems to show that the trial was set by the Ferrari's request, so it's possible he intends to fight this all the way out...or he could be playacting trying to get a good deal.

Edited April 19, 2023 by VakAttack

[ionel]

6 minutes ago, VakAttack said:

It doesn't mean anything.  Even that trial date is malleable, they get moved all the time.  Now, for the record, I don't practice in Oklahoma, obviously, but for example here in Florida, trial dates move in cycles.  We have Pre-Trial hearings that have an "assigned" Trial Term, so the court dockets show a case that is set for a April 19 pre-trial date and also set for trial on the next trial term in May.  However, especially post-COVID shutdowns with a big backlog of cases, the odds of a case actually going to trial that quickly after the Pre-Trial date would be astronomically low UNLESS the Defendant insisted and demanded his right to a speedy trial.  It's neutral, at least under Florida criminal practice.

It's noteworthy, though, that the docket seems to show that the trial was set by the Ferrari's request, so it's possible he intends to fight this all the way out...or he could be playacting trying to get a good deal.

Can't image what kind of "good deal" they might get at this point.  The victim and prosecution seem to be dug in and want justice and their day in court.  Maybe a deal for 10 years in McAlester, otherwise ...

[PortaJohn]

4 minutes ago, VakAttack said:

It doesn't mean anything.  Even that trial date is malleable, they get moved all the time.  Now, for the record, I don't practice in Oklahoma, obviously, but for example here in Florida, trial dates move in cycles.  We have Pre-Trial hearings that have an "assigned" Trial Term, so the court dockets show a case that is set for a April 19 pre-trial date and also set for trial on the next trial term in May.  However, especially post-COVID shutdowns with a big backlog of cases, the odds of a case actually going to trial that quickly after the Pre-Trial date would be astronomically low UNLESS the Defendant insisted and demanded his right to a speedy trial.  It's neutral, at least under Florida criminal practice.

It's noteworthy, though, that the docket seems to show that the trial was set by the Ferrari's request, so it's possible he intends to fight this all the way out...or he could be playacting trying to get a good deal.

Thanks again Vak.  This particular poster on BWI is also stating Ferrari set the request due to the prosecution liking the strength of their case & most likely offering a harsh plea deal. 

[VakAttack]

18 minutes ago, PortaJohn said:

Thanks again Vak.  This particular poster on BWI is also stating Ferrari set the request due to the prosecution liking the strength of their case & most likely offering a harsh plea deal. 

It could be that, but it cold be multiple other things.

 

20 minutes ago, ionel said:

Can't image what kind of "good deal" they might get at this point.  The victim and prosecution seem to be dug in and want justice and their day in court.  Maybe a deal for 10 years in McAlester, otherwise ...

Oh that's easy.  Probation on a misdemeanor battery.  I make that request all the time.

[ionel]

1 minute ago, VakAttack said:

It could be that, but it cold be multiple other things.

 

Oh that's easy.  Probation on a misdemeanor battery.  I make that request all the time.

Isn't battery the other Ferrari?  There's so many issues I can't keep them all straight.  

[VakAttack]

7 minutes ago, ionel said:

Isn't battery the other Ferrari?  There's so many issues I can't keep them all straight.  

Oh yeah.  But defense attorneys ask for lesser charges all the time.  "My guy is charged with crime A; you may have some difficulty proving crime A, but he's willing to plead to crime B, which is a lighter charge."

[ionel]

1 minute ago, VakAttack said:

Oh yeah.  But defense attorneys ask for lesser charges all the time.  "My guy is charged with crime A; you may have some difficulty proving crime A, but he's willing to plead to crime B, which is a lighter charge."

But not likely to change rape to battery are they?  Else why would the victim and prosecution even bother?  

[VakAttack]

9 minutes ago, ionel said:

But not likely to change rape to battery are they?  Else why would the victim and prosecution even bother?  

It all depends.  She may be changing her story, or not actually remember a lot if there was alcohol involved (I have not read any of the specific factual allegations in this case, or if I did, I don't remember them).  So what if she's telling the prosecutor [SOMEWHAT GRAPHIC LANGUAGE] "well we were drinking, and I sort of blacked out, but I do remember him being on top of me...I don't remember feeling him inside me, but when I woke up the next day I was definitely sore like after I have sex..."

That scenario it seems VERY LIKELY that, if true, there was sexual contact, but will a jury believe it beyond a reasonable doubt?  That's the question a prosecutor is asking.  Criminal cases are fluid, and you very often will have alleged victims who are gung ho at the state, but then change their mind as you get into the actual trying of the case.
 

It also doesn't have to be as big a change in charge as that, even.  I will often negotiate my clients pleading to lesser felony charges and getting probation.

[Offthemat]

I may be terribly misinformed, but I’m thinking the charge is sexual battery, not rape, a felony with max penalty of 10 years, and is basically a he said-she said who do you believe case.  

[ionel]

15 minutes ago, Offthemat said:

I may be terribly misinformed, but I’m thinking the charge is sexual battery, not rape, a felony with max penalty of 10 years, and is basically a he said-she said who do you believe case.  

You could be correct, I haven't found in the last 3 to 4 posted court docs anything indicating exact charge.  It appears Oklahoma penalty is similar for 2nd degree rape or sexual battery (1 to 15).  

[VakAttack]

29 minutes ago, Offthemat said:

I may be terribly misinformed, but I’m thinking the charge is sexual battery, not rape, a felony with max penalty of 10 years, and is basically a he said-she said who do you believe case.  

The charge is sexual battery.  In Florida, that incorporates rape under sexual battery, but Oklahoma law appears to differentiate that.