A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

Will Trussell be found guilty? If so, how much time will he get?

He will be found guilty of at least one charge.
60
43%
He will be found not guilty of all charges.
5
4%
He will be sentenced to probation.
5
4%
He will be sentenced to some time in jail not exceeding 6 months.
7
5%
He will be sentenced to between 6 months and one day to one year in jail.
11
8%
He will be sentenced to between 1 year and a day to 2 years in prison.
22
16%
He will be sentenced to between 2 years and a day to 3 years in prison.
8
6%
He will be sentenced to between 3 years and a day to 4 years in prison.
9
6%
He will be sentenced to more than 4 years in prison.
13
9%
 
Total votes: 140

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Sterngard Friegen
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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#126

Post by Sterngard Friegen » Fri Jun 10, 2016 5:29 pm

The Lotto balls have been selected. I removed the option allowing people to change their selections. The 5 of you who voted not guilty, you know who you are.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#127

Post by Turtle » Sat Jun 11, 2016 4:38 am

Next question- Does Terry admit wrongdoing at sentencing? That's probably the only thing that could sway the judge to go easy on him. But I'm guessing it might hurt his chances of an appeal.

The sad part of the whole thing is that it will affect his family more than it will him. I noticed at the very end after they hauled Terry out, 2 women went directly to the prosecutors' table, presumably his wife and daughter to ask where they are taking him and when/where to visit him. But that blame lies squarely on Terry.



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realist
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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#128

Post by realist » Sat Jun 11, 2016 8:50 am

Admittedly during the trial, based on the BOTG reports a hung jury came to me as a highly possible outcome. I'm glad my thinking was wrong on that one

I, however, never changed my original vote on the poll of he'll be found guilty of at least one count and will be sentenced to 4 + years. :-D


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Slim Cognito
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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#129

Post by Slim Cognito » Sat Jun 11, 2016 9:05 am

From what we saw the first two days, I truly believed it would be a hung jury. I came close to changing my vote to reflect that, but never did. So I still win, right?

TBF, I'd bet the farm that Trussell convicted himself.


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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#130

Post by Suranis » Sat Jun 11, 2016 9:08 am

As Napoleon once said "Never interrupt an enemy when he is making a mistake"

To which Wellington said "ok, good advice," and let Napoleon make all the mistakes he wanted at Waterloo.


Irony can be pretty ironic sometimes.

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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#131

Post by Sterngard Friegen » Sat Jun 11, 2016 9:29 am

realist wrote:Admittedly during the trial, based on the BOTG reports a hung jury came to me as a highly possible outcome. I'm glad my thinking was wrong on that one

I, however, never changed my original vote on the poll of he'll be found guilty of at least one count and will be sentenced to 4 + years. :-D
Me, too. Although I changed my vote in limine from 3-4 years to 4+ years.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#132

Post by SueDB » Sat Jun 11, 2016 11:09 am

Sterngard Friegen wrote:
realist wrote:Admittedly during the trial, based on the BOTG reports a hung jury came to me as a highly possible outcome. I'm glad my thinking was wrong on that one

I, however, never changed my original vote on the poll of he'll be found guilty of at least one count and will be sentenced to 4 + years. :-D
Me, too. Although I changed my vote in limine from 3-4 years to 4+ years.
I left mine alone as I figured that he would be found guilty of something (cause like DUH). Because of his grand master performance on the stand my SWAG was 1 year+1day. I have a feeling that he and his attorney pissed the judge off enough to at least consider 25 years.

From what Stern said, the minimum is 10 years??? Whew! And that's not taking into consideration the continual perjury by TT and the CLGJ minions.

This could be a mess for many Dixie county residents. He's the gift that keeps on giving.


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Remember, Orly NEVAH disappoints!

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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#133

Post by Patagoniagirl » Sat Jun 11, 2016 11:17 am

I originally voted for guilty of at least one count, and probation. The first two days of the trial, my heart sunk and I really felt a hung jury. I was a little more hopeful after Flouncy, Bouncy Retired Cop blurted out the TT blabbing about his communications with JS, but then That wasn't a part of the charges.

After watching TT testimony, I began to be more hopeful...cautiously hopeful. The ability of the State to recall JS and his associate as rebuttal witness had me getting a little tingly all over. The Fabulous Mr. Meggs in his closing clinched it. But, we had the jury and I seriously underestimated them. Not that they could not digest it all, but my concern was that there might be one or two TT, or common law sympathizers.

And everyone lived happily ever after. Oh wait....



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#134

Post by Piffle » Sat Jun 11, 2016 1:46 pm

The big question in my mind is whether the judge is inclined to suspend significant portions of the sentence(s). If so, it's the effective time TT must serve (non-suspended consecutive sentences before "gaintime") that matters.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#135

Post by magdalen77 » Sun Jun 12, 2016 11:49 am

I'm pretty sure that I voted he would get between a year and a day and two years. I did think he'd be found guilty, but I thought the judge might feel sympathy for him as an old guy. But then TT and his lovely counsel done wore out the judge's sympathizer.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#136

Post by Turtle » Sun Jun 12, 2016 1:06 pm

I think the jury also took some guidance from the judge- at the beginning of the defense case, Garcia motioned for acquittal. When the judge denied it, he gave his reasoning. During that, he said for counts 6-14, she made a good point about not hearing from the school board members.

I can imagine during deliberations, someone asking the foreperson if she believed her position allowed her to go out there and recuse the judge, or dismiss them all and bring in a new jury.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#137

Post by Maybenaut » Sun Jun 12, 2016 1:08 pm

Piffle wrote:The big question in my mind is whether the judge is inclined to suspend significant portions of the sentence(s). If so, it's the effective time TT must serve (non-suspended consecutive sentences before "gaintime") that matters.
What's "gaintime"?
Edit: Nevermind. I looked it up. We call that "good time, earned time, and program abatement" in the military. Good time is X days per month off the sentence for good behavior. Since the military doesn't pay, earned time is time they get for working in the laundry, galley, etc. Program abatement credit is what they get for attending certain classes or programs -- AA, anger management, sex offender tratment, etc. Looks like gaintime in Florida is the same sort of thing.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#138

Post by Sterngard Friegen » Sun Jun 12, 2016 1:31 pm

Turtle wrote:I think the jury also took some guidance from the judge- at the beginning of the defense case, Garcia motioned for acquittal. When the judge denied it, he gave his reasoning. During that, he said for counts 6-14, she made a good point about not hearing from the school board members.

I can imagine during deliberations, someone asking the foreperson if she believed her position allowed her to go out there and recuse the judge, or dismiss them all and bring in a new jury.
The statute makes criminal an attempt to influence, which would be the case with respect to the people involved in counts 6-14:
(4) A person who falsely under color of law attempts in any way to influence, intimidate, harass, retaliate against, or hinder a public officer or employee involving the discharge of his or her official duties by means of, but not limited to, threats of or actual physical abuse or harassment, or through the use of simulated legal process, commits a felony of the third degree . . .
I haven't listened to SA Meggs' closing argument or the judge's instructions. Was the fact that only an attempt was required mentioned? Was there an attempt instruction? There is a pattern "attempt" instruction at 5.1 in Florida's standard jury instructions:
5.1 ATTEMPT TO COMMIT CRIME
§ 777.04(1), Fla.Stat. Use when attempt is charged or is a lesser included offense. [To prove the crime of Attempt to Commit (crime charged), the State must prove the following two elements beyond a reasonable doubt:] Use when necessary to define "attempt" as an element of another crime (such as felony murder). [In order to prove that the defendant attempted to commit the crime of (crime charged), the State must prove the following beyond a reasonable doubt:]
1. (Defendant) did some act toward committing the crime of (crime attempted) that went beyond just thinking or talking about it.
2. [He] [She] would have committed the crime except that
a. [someone prevented [him] [her] from committing the crime of (crime charged).]
b. [[he] [she] failed.]
Defense. § 777.04(5)(a), Fla.Stat. It is not an attempt to commit (crime charged) if the defendant abandoned [his] [her] attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#139

Post by Maybenaut » Sun Jun 12, 2016 1:38 pm

Attempt was mentioned in Meggs' argument, but in a slightly different context. The criminal statute itself talk about "harassed to attempted to harass," or something like that. I-G argued something like none of these people came to testify that they were harassed, or whatever, and Meggs said they didn't have to. I think he's right about that. That was one of the reasons I thought this might be a compromise verdict. The State didn't have to call the gov, or the school board members. It was enough to show attempt. I think he completely got there.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#140

Post by Turtle » Sun Jun 12, 2016 1:51 pm

Maybenaut wrote:
Piffle wrote:The big question in my mind is whether the judge is inclined to suspend significant portions of the sentence(s). If so, it's the effective time TT must serve (non-suspended consecutive sentences before "gaintime") that matters.
What's "gaintime"?
Edit: Nevermind. I looked it up. We call that "good time, earned time, and program abatement" in the military. Good time is X days per month off the sentence for good behavior. Since the military doesn't pay, earned time is time they get for working in the laundry, galley, etc. Program abatement credit is what they get for attending certain classes or programs -- AA, anger management, sex offender tratment, etc. Looks like gaintime in Florida is the same sort of thing.

Note: I'm trying to put this is in general, using procedures/terminology that may not be specific to FL:

After sentencing, Terry will have at least 2 dates he will be very familiar with (there could be several more). One I'll call the sentence expiration date, which is sentenced time minus time served. This would be set on the day of sentencing and fixed. The other date I'll call a release date, which starts out the same as the expiration date, but could change (usually on a monthly basis) as good time is applied. The rate could be "3 for 2", or "2 for 1", or something else. "3 for 2", if an inmate works 2 days, an additional 1 day is deducted from the release date. During incarceration, this may be used as leverage and taken away if they have a serious disciplinary infraction.

A 3rd date is for parole eligibility, which is the first date for a possible parole hearing. Some states have this at 30-50%, I think FL has it at 85% of time served since the beginning of the sentence. A life sentence with parole, this is determined by statute. For someone out on parole, I'm not sure if they can take away good time, so on "release date", the sentence is done.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#141

Post by Sterngard Friegen » Sun Jun 12, 2016 1:51 pm

Maybenaut wrote:Attempt was mentioned in Meggs' argument, but in a slightly different context. The criminal statute itself talk about "harassed to attempted to harass," or something like that. I-G argued something like none of these people came to testify that they were harassed, or whatever, and Meggs said they didn't have to. I think he's right about that. That was one of the reasons I thought this might be a compromise verdict. The State didn't have to call the gov, or the school board members. It was enough to show attempt. I think he completely got there.
I agree. The "True Bills" constituted a completed attempt. So it's up to what SA Meggs argued and what the trial judge instructed (which would have been influenced by what Mr. Meggs requested.)



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#142

Post by Turtle » Sun Jun 12, 2016 1:53 pm

Maybenaut wrote:Attempt was mentioned in Meggs' argument, but in a slightly different context. The criminal statute itself talk about "harassed to attempted to harass," or something like that. I-G argued something like none of these people came to testify that they were harassed, or whatever, and Meggs said they didn't have to. I think he's right about that. That was one of the reasons I thought this might be a compromise verdict. The State didn't have to call the gov, or the school board members. It was enough to show attempt. I think he completely got there.

Yes, that's why the judge didn't acquit on those charges when she motioned for it. He said the state showed "attempt". The defense tried to stay away from it altogether, but Meggs brought it up again in the final closing.



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Re: A Poll - Will Trussell be Found Guilty? And if so how much time will he get?

#143

Post by Plutodog » Mon Jun 13, 2016 9:14 am

Something went wrong with the NG counts -- either a bargain with one or two recalcitrant TP'ers to get 5 guilty counts or Megs should have gotten a school board member or two to reflect on their experience (and stand up to BS about what Common Core is/does).

Either way, Terry got some mercy he didn't earn and likely doesn't properly appreciate.


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