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  1. #1
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    Who thinks Tommy will succeed in getting his sentence modified?

    The hearing for Tommy's sentence modification is scheduled for Monday, October 4, at 3:00 PM.

    Tommy's charge carried a minimum mandatory of 3 years; the SA was asking for the maximum (30 years) but the defense was hoping for the minimum. Tommy was sentenced to 15 years (only 3 of those are mandatory).

    If the 15-year sentence stands, Tommy could be considered for early release after he serves at least three years so even though he has received a harsher sentence than the rest, he is in a better position to be released after serving less time than any of the others.

    A sentence can be modified if new information or evidence comes to light. It can also be modified if it can be shown that the sentence handed down was too harsh.

    I believe Werter filed the Motion based on his belief that the sentence imposed was too harsh.

    Will Tommy prevail?

  2. #2
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    I think if he "comes forward" with some reliable information, he may. However, how in the world will he EVER be looked at as reliable.....I think whatever he says is always going to have a huge question mark over it. So, I think he will not prevail. I dont know, this system seems to prove me wrong all the time.


    RIP McStays

  3. #3
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    I think he maybe able to prove the sentence was to harsh based on the fact that Ron had more charges and recieved the same sentence,I actually believe that Hope and Donna have a chance at this as well..
    On the other hand if Misty really was interagatted and outted Tommy as "the one" than I seriously doubt it.
    JUSTICE IS COMING HALEIGH AND CAYLEE

    YOU GOT TO LOVE JUDGE STRICKLAND
    At it's core, the defense counsel's motion accuses the undersigned of being a "self aggrandizing media hound". Indeed. The irony is rich.

    Motion granted.

    Stan Strickland
    Circuit Judge

  4. #4
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    I wonder how Werter will show that the sentence was too harsh? (really, that's not a comment about Tommy's sentence in a backwards way, I don't know for real).

    I don't know enough about the law in that state to know what kind of chance he has of having his sentence reduced in any way.

    I'm not sure what the other sentences of any of the others would have to do with Tommy's sentence. What I'm saying is I'm not sure that when deciding on whether to grant his motion for a reduced sentence if the other's sentences would be brought into question? I don't know how that works.

  5. #5
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    Quote Originally Posted by Kat View Post
    I wonder how Werter will show that the sentence was too harsh? (really, that's not a comment about Tommy's sentence in a backwards way, I don't know for real).

    I don't know enough about the law in that state to know what kind of chance he has of having his sentence reduced in any way.

    I'm not sure what the other sentences of any of the others would have to do with Tommy's sentence. What I'm saying is I'm not sure that when deciding on whether to grant his motion for a reduced sentence if the other's sentences would be brought into question? I don't know how that works.
    Kat, the sentences of other defendants convicted on the same charge do matter. To show that a sentence is too harsh, an attorney might argue that their client received a harsher sentence than others convicted of the same crime.

  6. #6
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    Krkjx,

    If you think about it, this Motion to modify Tommy's sentence could not have come at a better time...if what Misty say is true and Tommy holds the answers, Tommy is put in a position where providing truthful facts about the Haleigh case will help him.....but continuing to lie will hurt him...He's been sentenced to 15 years already, the SA showed Tommy that they were NOT playing with him...and now he knows that. If Tommy had any more to add to this investigation....now would be the perfect time to add it...considering he's trying to have his sentence modified...

    IMO, this case if moving forward and it will not be long before we see Justice for Haleigh..JMO of course

  7. #7
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    this is assuming that Tommy is innocent in the Haleigh case...he should be truthful & back up whatever he says, & then I think he should gratefully, go do his 15 years. He deserves more than that just for the Joe story & search. But if he's guilty in the Haleigh case, then I think him continually using her in an attempt to lighten his drug sentence, will backfire & be used against him at a later date. I don't know if he can, but I'd like to see the judge modify his sentence & give him the original 30. I've had enough of this dude.

  8. #8
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    Quote Originally Posted by dodie20 View Post
    this is assuming that Tommy is innocent in the Haleigh case...he should be truthful & back up whatever he says, & then I think he should gratefully, go do his 15 years. He deserves more than that just for the Joe story & search. But if he's guilty in the Haleigh case, then I think him continually using her in an attempt to lighten his drug sentence, will backfire & be used against him at a later date. I don't know if he can, but I'd like to see the judge modify his sentence & give him the original 30. I've had enough of this dude.
    Actually, he can!

    Research I have done on sentence modification says it is rarely granted but it can actually backfire and get the petitioner more time, if new information has come out that the judge can then consider. The judge can consider new information from anywhere, not just info provided by the defense trying to argue their case.

    I do not think that will happen, but the judge has the discretion to modify UP also, not just down.
    Last edited by krkrjx; 10-03-2010 at 02:25 AM. Reason: clarify

  9. #9
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    Quote Originally Posted by krkrjx View Post
    Actually, he can!

    Research I have done on sentence modification says it is rarely granted but it can actually backfire and get the petitioner more time, if new information has come out that the judge can then consider. The judge can consider new information from anywhere, not just info provided by the defense trying to argue their case.

    I do not think that will happen, but the judge has the discretion to modify UP also, not just down.
    Oh Lordy, if Ron has snitched, or if Misty has passed a poly, (I know, I know, lol), then Tommy might want to hightail it back to wherever it is, he came from.

  10. #10
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    I think Tommy has a better shot of being admitted to Mensa on the 4th of October than he does of having his sentence modified.

    He pled no contest to a charge with a minimum mandatory. The math is simple.

    He can claim it was unfair because of Ron's sentence but you cannot compare it to one situation. You have to look at how the state of Florida handles sentencing of defendants charged and sentenced under the same statute across the state and over the years.

    Not to mention even if you compare it one to one with Ron's a very compelling argument can be made that they were both handled fairly and equitably, but they will not be comparing it one to one with Ron. It is a much bigger scope question.

    Short of showing that Tommy did not capable of understanding the possible outcome (which they can't), that it was not explained to him in a language he was fluent in (which it was), or that he did not have access to legal representation (which he did), he is SOL in my opinion.


  11. #11
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    Quote Originally Posted by Kat View Post
    I wonder how Werter will show that the sentence was too harsh? (really, that's not a comment about Tommy's sentence in a backwards way, I don't know for real).

    I don't know enough about the law in that state to know what kind of chance he has of having his sentence reduced in any way.

    I'm not sure what the other sentences of any of the others would have to do with Tommy's sentence. What I'm saying is I'm not sure that when deciding on whether to grant his motion for a reduced sentence if the other's sentences would be brought into question? I don't know how that works.
    It won't apply in this case but in another situation can be argued successfully. Take the Casey Anthony case, if they had not charged her with murder and ONLY had the stolen checks case against.... had they gone to court, found her guilty and then sentenced her to the maximum possible for each case AND handed down a sentence of consecutive sentences therefore putting her in prison for 80 years for stolen checks they could and would successfully argue for sentence modification.

    In that situation when you compared her hypothetical 80 year sentence to those of every other first time offender of similar charges across the state (which would range from probation to a year or less in county, keep in mind Casey actually got a sentenced to time served) it would be a very compelling argument that she was not being treated fairly.

    In the Haleigh case if we saw Misty sentenced to anything more than the minimum mandatory, or made to serve her consecutively you would have a similar argument.

  12. #12
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    Quote Originally Posted by krkrjx View Post
    Actually, he can!

    Research I have done on sentence modification says it is rarely granted but it can actually backfire and get the petitioner more time, if new information has come out that the judge can then consider. The judge can consider new information from anywhere, not just info provided by the defense trying to argue their case.

    I do not think that will happen, but the judge has the discretion to modify UP also, not just down.
    Thanks for this information. It's a scary thought for Tommy to take this risk. I know that anytime you re-open anything in a court of law, the tide may turn the other way.

    I have always thought that Tommy does know more about what happened the night Haleigh disappeared than he has admitted to. Whether if it's from first hand knowledge of being there, or from what his sister told him. I can only hope that for once in his life, Tommy has learned that the old saying "The truth shall set you free" is indeed something he should heed.
    Let's hope all of this manuvering is the beginning of justice for Haeligh. Please!
    The Hokey Pokey Clinic - A good place to turn yourself around:

  13. #13
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    Quote Originally Posted by azwriter View Post
    Thanks for this information. It's a scary thought for Tommy to take this risk. I know that anytime you re-open anything in a court of law, the tide may turn the other way.

    I have always thought that Tommy does know more about what happened the night Haleigh disappeared than he has admitted to. Whether if it's from first hand knowledge of being there, or from what his sister told him. I can only hope that for once in his life, Tommy has learned that the old saying "The truth shall set you free" is indeed something he should heed.
    Let's hope all of this manuvering is the beginning of justice for Haeligh. Please!
    I too, believe this is a risk for Tommy to take but Werter has seen all the others sentenced to their minimum mandatories while Tommy was sentenced to three times his minimum mandatory. That will likely be Werter's argument.

    I also believe Tommy knows, and may even have been involved in some way. It's possible Tommy will crack now and tell the truth. I am hanging onto that possibility because the nonsense has gone on way too long.
    Last edited by krkrjx; 10-03-2010 at 11:40 AM. Reason: typos

  14. #14
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    Quote Originally Posted by krkrjx View Post

    Will Tommy prevail?
    Doubtful, IMO.

    Not that I know anything about the legalities and the probabilities of succeeding but if it depends on presenting a convincing argument and appearing likeable, remorseful and sincere Tommy's odds are not good IMO.

  15. #15
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    Quote Originally Posted by krkrjx View Post
    I too, believe this is a risk for Tommy to take but Werter has seen all the others sentenced to their minimum mandatories while Tommy was sentenced to three times his minimum mandatory. That will likely be Werter's argument.

    I also believe Tommy knows, and may even have been involved in some way. It's possible Tommy will crack now and tell the truth. I am hanging onto that possibility because the nonsense has gone on way too long.
    LOL...so much for my math skills!!

    Tommy was sentenced to five times his minimum mandatory, not three.

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