Sauer gives child molester probation

[wordsmythe]

Prosecutors don't GIVE anything. They might make a deal and suggest something but it's the judge who gives the sentence and the judge is NEVER bound by any agreement between prosecution and defence.

Judges don't set the agreement asside too often because then plea agreements would be made useless, stop happening and slow the legal process even more.

[TexKan]

If it's within the law...... the judge operates within the law......... just because he personally doesn't agree doesn't mean he can set aside a judgement. The purpose is to have all parties in agreement. The judge is bound by the administrattion of the law in a just manner............ the judge is the determining authority but if an agreement is made and the judge opposes it he's fried............... remember the judge remains impartial............. he can't choose the plea - he can guide them in determining if it's with in the law. The law is not alwasy fair to those on the opposing side.

[Bubba]

Originally Posted by TexKan

If it's within the law...... the judge operates within the law......... just because he personally doesn't agree doesn't mean he can set aside a judgement. The purpose is to have all parties in agreement. The judge is bound by the administrattion of the law in a just manner............ the judge is the determining authority but if an agreement is made and the judge opposes it he's fried............... remember the judge remains impartial............. he can't choose the plea - he can guide them in determining if it's with in the law. The law is not alwasy fair to those on the opposing side.

That isn't actually correct, look it up! A judge can set aside any judgement he wants if he doesn't sit well with it. Not only plea agreements, but he can set aside a jury verdict as well if he feels it is necessary. Like Wordy said, it doesn't happen very often, but it can definitely happen.

[TexKan]

nine times outta ten - the plea and bargin have already been made and agreed to. I know this was a rotten deal but there are worse ones out there - my point it it's not JUST the judge and more often it's not the judge at all. We could split hares and hairs all night but wouldn't change the point of the post

[Bubba]

NEWARK, N.J. -- A U.S. District Court judge last Friday set aside the guilty verdict in the case of a former network administrator who had been convicted in May on a federal charge of computer sabotage.

A jury found Tim Lloyd, 37, of Wilmington, Del., guilty of planting a software time bomb in a centralized file server at Omega Engineering Corp.'s Bridgeport, N.J., manufacturing plant. The malicious software code destroyed the programs that ran the company's manufacturing machines, costing Omega more than $10 million in losses and eventually leading to 80 layoffs.

full story here Judge sets aside network sabotage verdict

Here is an example of a plea agreement set aside.

A plea deal for a Tahlequah mother charged last summer with seriously injuring her 6-week-old son was set aside during an emotion-packed hearing Thursday afternoon.
The plea was voided after two investigators involved in the case told the court they believe the sentence recommended by prosecutors was too lenient.

full story here Tahlequah Daily Press - Robertson's plea set aside

[Bubba]

Originally Posted by TexKan

nine times outta ten - the plea and bargin have already been made and agreed to. I know this was a rotten deal but there are worse ones out there - my point it it's not JUST the judge and more often it's not the judge at all. We could split hares and hairs all night but wouldn't change the point of the post

The plea and bargin are agreed to by the prosecutor and the defense attorney and not in the presence of a judge. Once they agree to a plea they have to bring it in front of a judge. It is the final decision of the judge whether or not to allow the plea aggreement. If he thinks it is too lenient, he can reject it. Then the accused can either accept the judges sentence or change the plea to not guilty and have a trial in front of a jury.

[Flying Dutchman]

All in all, this whole thing just shows what happens when those in charge have NO ACCOUNTABILITY.

Anything going to happen to the Defense Atty? Nope, they did their job.

Anything going to happen to the Judge? Nope. Can't lose their job, can't be sued, can't be disciplined for being a wuss and stupid.

Anything going to happen to the CA? Nope. Same thing, can't be sued, can't lose his job and can't be disciplined for being a total dickwad and butthead.

I think maybe Mr. Sauer should get molested, or maybe his family, and the person who does it AND CONFESSES should get a walk too. Hell, maybe this dirtbag will pick them next time.

[Mike B.]

One thing I know for sure, Mr. Sauer is not going to get my vote come next election!

Yes, he did get my vote last election and it will be the last one I give him.

Even though it was an asst. c.a. who cut the deal it still came from his office.

I find it hard to believe he's investigating Lee for a school yard squabble and yet allows this type of plee agreement to happen. He should resign!

I also blame the Judge, who does have the final word. He should have called Mr. Sauer into chambers and told him he was committing career suicide.

[TexKan]

Maybe he didn't care - Our courts are so backed up now - very few judges actually decide if it's too lenient - they certainly don't decide based on what's fair - they decide based on the pulse of the political arena. I would be willing to bet they hoped this one would slide by - course we got some pretty dumb DA's too - we just don't hear much about them - most our judges aren't dumb enough for a verdict like this without ankle monitoring and some way to keep tabs of the perp. We did altho let Durst out, break probation, and move to downtown condos.......... all after he dismembered his nieghbor and fed him to the crabs in the bay. Course Durst has millions to spend and friends in high places............ American Justice

[wordsmythe]

Originally Posted by Mike B.

He should have called Mr. Sauer into chambers and told him he was committing career suicide.

It's not the judge's responisbility to give career advice.