DOJ-OGR-00000369.json 3.9 KB

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  3. "page_number": "4",
  4. "document_number": "14",
  5. "date": "07/15/19",
  6. "document_type": "court transcript",
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  10. "full_text": "Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 4 of 18\nSORA HEARING page 3\n1 one victim and that is what the defendant plead to.\n2\n3 So it is unlike a situation where everything was indicted and then we get to sort of assess points for all of\n4 the victims, if it was part of a plea bargain. They did not actually choose to go forward on any except for the one\n5 victim.\n6\n7 So under the board guidelines, the risk assessment interim guidelines, it actually says, you know, by way of\n8 contrast if an offender is not indicted for an offense, it\n9 is strong evidence that the offense did not occur and I don't think --\n10\n11 THE COURT: Do you find that if somebody is not indicted it is strong evidence that it did not occur?\n12\n13 MS. GAFFNEY: I don't know that we can rely on it as clear and convincing evidence if the prosecutor's office\n14 never went forward on it. The prosecution said that the victims, although they spoke to the police early on, did not\n15 cooperate with them. So we don't have any follow up information.\n16\n17 THE COURT: But the board found a Level Three.\n18 I have to tell you, I am a little overwhelmed because I have never seen the prosecutor's office do\n19 anything like this. I have never seen it. I had a case with one instance it was a marine who went to a bar, and I\n20 wish I had the case before me, but he went to a bar and a 17\n\nVikki J. Benkel Senior Court Reporter\nDOJ-OGR-00000369",
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  19. "content": "SORA HEARING page 3",
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  24. "content": "1 one victim and that is what the defendant plead to.\n2\n3 So it is unlike a situation where everything was indicted and then we get to sort of assess points for all of\n4 the victims, if it was part of a plea bargain. They did not actually choose to go forward on any except for the one\n5 victim.\n6\n7 So under the board guidelines, the risk assessment interim guidelines, it actually says, you know, by way of\n8 contrast if an offender is not indicted for an offense, it\n9 is strong evidence that the offense did not occur and I don't think --\n10\n11 THE COURT: Do you find that if somebody is not indicted it is strong evidence that it did not occur?\n12\n13 MS. GAFFNEY: I don't know that we can rely on it as clear and convincing evidence if the prosecutor's office\n14 never went forward on it. The prosecution said that the victims, although they spoke to the police early on, did not\n15 cooperate with them. So we don't have any follow up information.\n16\n17 THE COURT: But the board found a Level Three.\n18 I have to tell you, I am a little overwhelmed because I have never seen the prosecutor's office do\n19 anything like this. I have never seen it. I had a case with one instance it was a marine who went to a bar, and I\n20 wish I had the case before me, but he went to a bar and a 17",
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  29. "content": "Vikki J. Benkel Senior Court Reporter",
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  38. "entities": {
  39. "people": [
  40. "MS. GAFFNEY"
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  42. "organizations": [
  43. "THE COURT",
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  49. "dates": [
  50. "07/15/19"
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  53. "1:19-cr-00490-RMB",
  54. "Document 14",
  55. "DOJ-OGR-00000369"
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