Scribd Logo
Fazer o upload

Bem-vindo(a) ao Scribd!

  • Civil Compromise Agreement of Brian Cole and Victim

    Enviado por

    Christopher Christie
    405 visualizações3 páginas
    Cole Trial: Is Justice Delayed, Justice Denied? There is an old saying that justice delayed is justice denied. Delay is a primary tool of defense attorneys, and it may pay off big-time for Robert Moon and Brian Cole in the year old case of Brian Cole who charged earlier this year with four counts of sexual abuse and two counts of providing alcohol to a minor. The charges relate to events that are alleged to have occurred between New Years Day and Halloween of 2009. Find Accusations of Grand Jury Here: http://www.scribd.com/doc/43397175/Charged-Offenses-Against-Brian-Cole In our legal system, minors magically become adults when they turn 18 years of age, even if their minds are quite similar to what they were six months to a year prior. So if you are, say, a then 47 year-old trusted leader in the community, friend of the family, a former Sunday school teacher, a valued economic-development consultant, a husband of a girls high school sports coach, a former County Commissioner, and an employer of the victim, and have behaved in a manner that leads the State to charge you with the above mentioned crimes involving a 17 year old, your best defense is to delay justice until the victim turns 18, several months later. At that time, the victim can ignore the advice of parents and others, and being woefully inexperienced, seemingly ill-advised, and perhaps still smitten, you can make the victim an offer they won’t refuse. Would defense attorneys do this? Of course they would, because defense attorneys need to win at all cost. It guarantees their reputations as good defense attorneys, thus providing them a decent living, and questionable high status among their peers. Last week, after several hail-Mary motions for reconsideration from defense attorney Bob Moon, he introduced a motion to dismiss, based on a “Civil Compromise” that had been forged with the victim, six months after she had reached “adulthood,” and was struggling to finance a well deserved university education. According to the document, the victim “has received satisfaction for injuries incurred from the incidents” and gives up her rights to any further prosecution should she change her mind a year or two down the road when the fog clears. Forget any earlier statements to law enforcement from the victim to the contrary, or any quashed evidence—that means little now. The primary witness has apparently turned against the prosecution after becoming an “adult.” In this case, the defense threw up smoke screen motion after smoke screen motion to delay the trial long enough for the victim to pass into the magical age of adulthood. Knowing that the victim was susceptible, and given the help of Judge Garry Reynolds, who threw out some of the most incriminating evidence against the accused, derailing the trial seems like a slam-dunk.

    Direitos autorais

    © Attribution Non-Commercial (BY-NC)

    Formatos disponíveis

    PDF, TXT ou leia online no Scribd

    Você considera este documento útil?

    Este conteúdo é inapropriado?

    Denunciar este documento
    Cole Trial: Is Justice Delayed, Justice Denied? There is an old saying that justice delayed is justice denied. Delay is a primary tool of defense attorneys, and it may pay off big-time for Robert Moon and Brian Cole in the year old case of Brian Cole who charged earlier this year with four counts of sexual abuse and two counts of providing alcohol to a minor. The charges relate to events that are alleged to have occurred between New Years Day and Halloween of 2009. Find Accusations of Grand Jury Here: http://www.scribd.com/doc/43397175/Charged-Offenses-Against-Brian-Cole In our legal system, minors magically become adults when they turn 18 years of age, even if their minds are quite similar to what they were six months to a year prior. So if you are, say, a then 47 year-old trusted leader in the community, friend of the family, a former Sunday school teacher, a valued economic-development consultant, a husband of a girls high school sports coach, a former County Commissioner, and an employer of the victim, and have behaved in a manner that leads the State to charge you with the above mentioned crimes involving a 17 year old, your best defense is to delay justice until the victim turns 18, several months later. At that time, the victim can ignore the advice of parents and others, and being woefully inexperienced, seemingly ill-advised, and perhaps still smitten, you can make the victim an offer they won’t refuse. Would defense attorneys do this? Of course they would, because defense attorneys need to win at all cost. It guarantees their reputations as good defense attorneys, thus providing them a decent living, and questionable high status among their peers. Last week, after several hail-Mary motions for reconsideration from defense attorney Bob Moon, he introduced a motion to dismiss, based on a “Civil Compromise” that had been forged with the victim, six months after she had reached “adulthood,” and was struggling to finance a well deserved university education. According to the document, the victim “has received satisfaction for injuries incurred from the incidents” and gives up her rights to any further prosecution should she change her mind a year or two down the road when the fog clears. Forget any earlier statements to law enforcement from the victim to the contrary, or any quashed evidence—that means little now. The primary witness has apparently turned against the prosecution after becoming an “adult.” In this case, the defense threw up smoke screen motion after smoke screen motion to delay the trial long enough for the victim to pass into the magical age of adulthood. Knowing that the victim was susceptible, and given the help of Judge Garry Reynolds, who threw out some of the most incriminating evidence against the accused, derailing the trial seems like a slam-dunk.

    Direitos autorais:

    Attribution Non-Commercial (BY-NC)
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    405 visualizações3 páginas

    Civil Compromise Agreement of Brian Cole and Victim

    Enviado por

    Christopher Christie
    Cole Trial: Is Justice Delayed, Justice Denied? There is an old saying that justice delayed is justice denied. Delay is a primary tool of defense attorneys, and it may pay off big-time for Robert Moon and Brian Cole in the year old case of Brian Cole who charged earlier this year with four counts of sexual abuse and two counts of providing alcohol to a minor. The charges relate to events that are alleged to have occurred between New Years Day and Halloween of 2009. Find Accusations of Grand Jury Here: http://www.scribd.com/doc/43397175/Charged-Offenses-Against-Brian-Cole In our legal system, minors magically become adults when they turn 18 years of age, even if their minds are quite similar to what they were six months to a year prior. So if you are, say, a then 47 year-old trusted leader in the community, friend of the family, a former Sunday school teacher, a valued economic-development consultant, a husband of a girls high school sports coach, a former County Commissioner, and an employer of the victim, and have behaved in a manner that leads the State to charge you with the above mentioned crimes involving a 17 year old, your best defense is to delay justice until the victim turns 18, several months later. At that time, the victim can ignore the advice of parents and others, and being woefully inexperienced, seemingly ill-advised, and perhaps still smitten, you can make the victim an offer they won’t refuse. Would defense attorneys do this? Of course they would, because defense attorneys need to win at all cost. It guarantees their reputations as good defense attorneys, thus providing them a decent living, and questionable high status among their peers. Last week, after several hail-Mary motions for reconsideration from defense attorney Bob Moon, he introduced a motion to dismiss, based on a “Civil Compromise” that had been forged with the victim, six months after she had reached “adulthood,” and was struggling to finance a well deserved university education. According to the document, the victim “has received satisfaction for injuries incurred from the incidents” and gives up her rights to any further prosecution should she change her mind a year or two down the road when the fog clears. Forget any earlier statements to law enforcement from the victim to the contrary, or any quashed evidence—that means little now. The primary witness has apparently turned against the prosecution after becoming an “adult.” In this case, the defense threw up smoke screen motion after smoke screen motion to delay the trial long enough for the victim to pass into the magical age of adulthood. Knowing that the victim was susceptible, and given the help of Judge Garry Reynolds, who threw out some of the most incriminating evidence against the accused, derailing the trial seems like a slam-dunk.

    Direitos autorais:

    Attribution Non-Commercial (BY-NC)
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 3

    1

    2
    3
    4
    5
    6
    7
    8
    9 IN THE CIRCUIT COURT OF THE STATE OF OREGON

    10 FOR THE COUNTY OF BAKER

    11
    THE STATE OF OREGON ) Case No. 09-725
    12 )
    Plaintiff, ) CIVIL COMPROMISE
    13 vs. ) AGREEMENT
    )
    14
    BRIAN COLE, )
    15 )
    Defendant. )
    16
    This Compromise Agreement is made between the defendant, Brian Cole, and
    17
    the allegedly-injured party, I in the above-captioned case. The
    18
    defendant and the allegedly-injured party agree as follows:
    19
    1. Defendant was charged with two counts of Providing Liquor to a Person
    20
    Under 21 Years of Age (ORS 471.410) and four counts of Sex Abuse in the Third
    21

    22 Degree (ORS 163.415) (hereinafter 'the incidents') that allegedly took place between

    23 January 1, 2009 and October 31, 2009, in Baker County, Oregon.

    24 2. The allegedly-injured party acknowledges that she has received satisfaction

    25 for the injuries incurred from the incidents. The allegedly-injured party and the
    26
    COUGHLIN,
    LEUENBERGER
    & MOON
    .PJO.
    LAWYERS
    Old Pool omce s.r.--
    POll OflicII!lao 11126
    sa. City. OR 91111~ Page 1 - CIVIL COMPROMISE AGREEMENT, Case No. 09-725
    (SoIl) S23-0535
    FAA (Sol1) S23-<653O

    ...
    defendant understand that the dismissal of the criminal charge pursuant to this civil
    1
    compromise agreement will bar further prosecution for these crimes.
    2
    3. The allegedly-injured party and the defendant understand that the dismissal
    3
    4 of the criminal charges pursuant to the civil compromise agreement will bar further

    5 prosecution for the same crimes.

    6 4. The allegedly-injured party and the defendant understand that only the court

    7 has the power to dismiss the case pursuant to this civil compromise agreement.

    8 5. The allegedly-injured party acknowledges that she consents to a dismissal of


    g
    the defendant's criminal charge pursuant to this civil compromise agreement.
    10
    6. The allegedly-injured party is represented in this matter by La Grande
    11
    attorney Brent Smith. She understands the legal consequences of entering into this
    12
    agreement and has no further questions of Mr. Smith concerning the legal effect of this
    13
    agreement.
    14
    9. The allegedly-injured party and defendant acknowledge that this civil
    15
    compromise agreement of three pages is freely, voluntarily, and intelligently adopted.
    16
    17 10. Neither the defendant nor the allegedly-injured party acknowledges any

    18 liability by entering into this agreement. The defendant and allegedly-injured party

    19 acknowledge that this civil compromise agreeme.nt is intended to compromise a

    20 disputed matter.

    21 11. The allegedly-injured party agrees to release the defendant and the
    22 defendant agrees to release the allegedly-injured party from any civil liability resulting
    23
    from any of the incidents set forth in the charging instrument in this case that allegedly
    24
    occurred between January 1, 2009, and October 31,2009.
    25
    11. acknowledges satisfaction for any damage done to her as
    26
    COUGHUN,
    LEUENBERGER
    & MOON
    p.r;.
    LAWYERS
    Old PosI Off_ ~
    Posl ~ Boo 1026
    _Cit,. OR 9181.
    (5010 1l S2J-6535
    Page 2 - CIVIL COMPROMISE AGREEMENT, Case No. 09-725
    fNl.($I1)523-6S30
    -.

    the result of any and all allegations set forth in the charging instrument in this case. She
    1
    is specifically asking this court to dismiss this case and she does not want this
    2
    prosecution to proceed further.
    3
    4
    5
    6
    Injured Party
    7
    8
    9
    Brian Cole, Defendant Date
    10
    11
    12
    13
    14
    15
    16
    17
    18
    19
    20

    21
    22
    23
    24
    25

    26
    COUGHLIN,
    LEUENBERGER
    & MOON
    P-C.
    LAWYERS
    Old PCSI OIflCft S",ar.
    Pest OffICII Be. 1025
    Ball.,. City, OR 97e,~
    (54115~
    Page 3 - CIVIL COMPROMISE AGREEMENT, Case No. 09-725
    FAX (54I) S23-65JQ

    Você também pode gostar