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.