Conditions for "Failure to Disperse" charge being dropped
If Thomas C. Donovan, age 22, was so confident Amherst Police infringed on his First Amendment rights at last year's Blarney Blowout then why did his lawyer sign a Tender of Plea or Admission & Waiver of Rights" back on May 15th, 2014?
As we all know from the O.J. Simpson case a criminal jury must find guilt "beyond a reasonable doubt," whereas a civil jury is bound by a lesser threshold: "preponderance of the evidence."
Had Mr. Donovan not taken the "diversion" from criminal to civil plea deal with the dropping of "disorderly conduct" charge, he could have had his "trail by jury."
The Assistant District Attorney would then have to convince a jury "beyond a reasonable doubt" to acquire a unanimous decision of guilty.
But Donovan took the easy way out, and now wants to cash in big time by filing a federal civil rights lawsuit.
8 comments:
Shocking, he wanted the easy way out
Who cares, pay him off and make it go away. That's the Amherst way of dealing with problems.
Not shocking at all. All if the potential legal remidies weren't brought to his attention till after. His lawyer said do you want this to be over with or do you want it the drag out. He is back now because there is easy money to be made. This is America, lawyers entice people if they seem dollar signs.
Yeah, but the dollar amount just went from the six figures down to chump change.
Larry what do you think of the police report making false statements compared to what his video displayed?
Nice job getting this one tracked down!
Larry, do you honestly think that his new lawyer wasn't aware of all of this? .I'm sure he can say how he was coerced into accepting the plea deal -- but he's argui9ng his 8th Amendment rights here..
Yeah, but his new attorney sure tried like hell to hide this plea deal.
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