Ronald Cummings, drug trafficking charges

[Nonni Brenda]

It is my opinion that Ronald Cummings could come to regret the filing of this motion.

The filing of a collateral attack by Mr. Cummings on the sentence from his negotiated plea agreement could be grounds for the State to rethink their initial willingness to offer such generous terms.

First, the State could claim that the Motion in itself constitutes a substantial breach of his plea agreement, therefore rendering it null and void. He could then face 30 years.

Alternatively, the State could simply press the "Easy Button", and stipulate (agree) that Ron’s motion be granted. The court would then nullify the prior sentence pursuant to the plea agreement, and the State would be granted a “redo” – a Mulligan so to speak. Ron could be resentenced entirely, being forced to deal with an ASA who probably would not be so willing to give him the break he got the first go round.

So Papa, could they then go back and add the cases they droped charges on, back into the mix and try him for all original cases? And now he has pizzed them off on top of that. What a great thought!:great:

 

[lonetraveler]

So Papa, could they then go back and add the cases they droped charges on, back into the mix and try him for all original cases? And now he has pizzed them off on top of that. What a great thought!:great:

Absolutely!

 

[Nonni Brenda]

I have always had a feeling that Ronald Cummings was not going to be in prison for very long and your comment above about Ronald maybe having planned this move prior to making the plea agreement could very well be just what he was thinking. Remember, Teresa warned us, I mean told us that Ronald was a very intelligent man..........:floorlaugh: If Ronald stays in prison long enough he may very well get himself a Law degree before he is freed............:great:

I am remembering when he was in court making the plea deal official, when the judge was granting it, he looked back at someone on the courtroom and seemed to nod his head as if saying he had won something yet untold. That worried me then... I agree with TN that he is obvioulsy very intelligent OR maybe just lucky when it comes to not going to jail on his past charges. Let's hope that the drugs have destroyed his "intellingece" or he has run "slap-dab" out of luck! In Ga. my Granddad use to say "too big for his britches..." That's Ron. Maybe he's not as smart as he thinks he is!:floorlaugh:

 

[krkrjx]

So Papa, could they then go back and add the cases they droped charges on, back into the mix and try him for all original cases? And now he has pizzed them off on top of that. What a great thought!:great:

The State has one year to re-open the two dropped cases. Normally to re-open a Nolle Prosequi case new evidence is required but, in the two cases in question the Nolle Motions were not made because of lack of evidence to prosecute; they were made as the State's part of a plea agreement entered into with the defendant. They can very easily re-open these charges and prosecute Ron but whether they will do that or not remains to be seen.

My question is, if this Motion to Correct has merit, why didn't Shoemaker file it on Ron's behalf? The answer might be that a favorable ruling on the Motion might not be a favorable outcome for his client, once all things are considered.

I hope someone other than LE (maybe someone here at WS?) has those trafficking videotapes saved because I have considered that maybe--just maybe, some of the vids could be accidentally put through a shredder.

 

[dodie20]

The State has one year to re-open the two dropped cases. Normally to re-open a Nolle Prosequi case new evidence is required but, in the two cases in question the Nolle Motions were not made because of lack of evidence to prosecute; they were made as the State's part of a plea agreement entered into with the defendant. They can very easily re-open these charges and prosecute Ron but whether they will do that or not remains to be seen.

My question is, if this Motion to Correct has merit, why didn't Shoemaker file it on Ron's behalf? The answer might be that a favorable ruling on the Motion might not be a favorable outcome for his client, once all things are considered.

I hope someone other than LE (maybe someone here at WS?) has those trafficking videotapes saved because I have considered that maybe--just maybe, some of the vids could be accidentally put through a shredder.

I was thinking the same thing, lol, & then wondered if 'non official' tapes, would be admissable. yikes.

 

[Nonni Brenda]

The State has one year to re-open the two dropped cases. Normally to re-open a Nolle Prosequi case new evidence is required but, in the two cases in question the Nolle Motions were not made because of lack of evidence to prosecute; they were made as the State's part of a plea agreement entered into with the defendant. They can very easily re-open these charges and prosecute Ron but whether they will do that or not remains to be seen.

My question is, if this Motion to Correct has merit, why didn't Shoemaker file it on Ron's behalf? The answer might be that a favorable ruling on the Motion might not be a favorable outcome for his client, once all things are considered.

I hope someone other than LE (maybe someone here at WS?) has those trafficking videotapes saved because I have considered that maybe--just maybe, some of the vids could be accidentally put through a shredder.

That would just about put the lid on my opinion of PCSO. I agree that someone should save them. That makes me sick to even think of it. :sick:

 

[krkrjx]

I was thinking the same thing, lol, & then wondered if 'non official' tapes, would be admissable. yikes.

Any video depicting a crime is acceptable evidence in court. Look how often convictions are obtained due to security tapes where a store is broken into, or nanny-cams where babysitters abuse infants.

 

[Concerned Papa]

Ronald’s Motion alleges a fact-based post-conviction challenge to subject matter jurisdiction of the court (regarding the type of state prosecutor involved in his case). This type of challenge is really making a claim of an "unlawful" sentence - not an "illegal" sentence.

IMO, the factual basis stated in the motion is also clearly inaccurate, as there was a Putnam County ASA that was assigned to his case, negotiated the plea, and appeared in Court for the plea colloquy.

 

[krkrjx]

Ronald’s Motion alleges a fact-based post-conviction challenge to subject matter jurisdiction of the court (regarding the type of state prosecutor involved in his case). This type of challenge is really making a claim of an "unlawful" sentence - not an "illegal" sentence.

IMO, the factual basis stated in the motion is also clearly inaccurate, as there was a Putnam County ASA that was assigned to his case, negotiated the plea, and appeared in Court for the plea colloquy.

But...did he appear in court to ask the court to impose sentence, or was that a different prosecutor?? If it was a "statewide" prosecutor as Ron clains, but a county ASA that did the plea deal, Ron's Motion might have merit.

Papa, you know how to get records...Is there any way you can find out who represented the State in court on sentencing day and who negotiated the plea agreement on the State's behalf?

 

[Concerned Papa]

But...did he appear in court to ask the court to impose sentence, or was that a different prosecutor?? If it was a "statewide" prosecutor as Ron clains, but a county ASA that did the plea deal, Ron's Motion might have merit.

Papa, you know how to get records...Is there any way you can find out who represented the State in court on sentencing day and who negotiated the plea agreement on the State's behalf?

I don't have his name right now, but I'm sure I can get it. It'll take me a day or two, but this is a video of him reading the terms of the plea deal into the record. It's my understanding that he's an ASA with the Seventh Judicial District, which includes Putnam County.

http://www.firstcoastnews.com/video...Details+of+Ronald+Cummings'+Plea/591024107001

As I stated above, Mr. Cummings' best hope may very well be that that State doesn't simply push the "Easy Button" and stipulate (agree) that Ron’s motion be granted. If they were to agree, the court would only nullify the prior sentence, NOT the plea of guilt. He would be resentenced entirely.

IMO, this Motion has placed Mr. Cummings in an interesting legal conundrum.

 

[Nonni Brenda]

I don't have his name right now, but I'm sure I can get it. It'll take me a day or two, but this is a video of him reading the terms of the plea deal into the record. It's my understanding that he's an ASA with the Seventh Judicial District, which includes Putnam County.

http://www.firstcoastnews.com/video...Details+of+Ronald+Cummings'+Plea/591024107001

As I stated above, Mr. Cummings' best hope may very well be that that State doesn't simply push the "Easy Button" and stipulate (agree) that Ron’s motion be granted. If they were to agree, the court would only nullify the prior sentence, NOT the plea of guilt. He would be resentenced entirely.

IMO, this Motion has placed Mr. Cummings in an interesting legal conundrum.

But Papa...This may be a stupid question, but here goes... If they did push the "easy button" and agree, could Ron then change his plea to not guilty, and get a trial?:waitasec:

 

[krkrjx]

Interesting question, Nonni. Part of Ron's plea deal was he had to plead guilty on all remaining charges. It's not an option for him to change those pleas if he hopes to keep the plea agreement alive. And if he goes to trial, it's a separate trial on all five charges. Even if he won one or two, could he win five times? Not a chance, IMO.

 

[Nonni Brenda]

Interesting question, Nonni. Part of Ron's plea deal was he had to plead guilty on all remaining charges. It's not an option for him to change those pleas if he hopes to keep the plea agreement alive. And if he goes to trial, it's a separate trial on all five charges. Even if he won one or two, could he win five times? Not a chance, IMO.

So...if this was his plan all along, maybe he has out-smarted himself. So much for his "intellingece" TN told everyone about. Looks like he may be screw-d.

 

[bessie]

I don't have his name right now, but I'm sure I can get it. It'll take me a day or two, but this is a video of him reading the terms of the plea deal into the record. It's my understanding that he's an ASA with the Seventh Judicial District, which includes Putnam County.

http://www.firstcoastnews.com/video/default.aspx?bctid=591024107001#/The+Details+of+Ronald+Cummings%27+Plea/591024107001

As I stated above, Mr. Cummings' best hope may very well be that that State doesn't simply push the "Easy Button" and stipulate (agree) that Ron’s motion be granted. If they were to agree, the court would only nullify the prior sentence, NOT the plea of guilt. He would be resentenced entirely.

IMO, this Motion has placed Mr. Cummings in an interesting legal conundrum.

Jason Lews is the 7th circuit ASA who prosecuted the drug cases, Ron's and all of the others. He's not the prosecutor in question. That would be a prosecutor from the Office of Statewide Prosecution, Jacksonville Office. John Wethington is the Chief Assistant of the Jacksonville Office, but I don't have names of assistant prosecutors.

ETA: Until late 2009, Jason Lewis was an assistant statewide prosecutor in the Jacksonville office. Here are a few links to unrelated articles that reference his former and current positions. Check them out. You'll see a few familiar names.

http://www.coj.net/Departments/Sher.../Headlines/Sheriff+Rutherford+PC+05052009.htm

(see the letter on page 2)
http://www.fdle.state.fl.us/Informant/MayKudosFINAL.pdf#page=2

But an "unbiased look" at the evidence "absolutely points to" Gilbert and Washington as leaders, said Jason Lewis, a former statewide prosecutor now an assistant state attorney with the 7th Circuit
http://www.news-journalonline.com/n...ep-of-gang-members-justice-or-witch-hunt.html

I'm not sure if Ron's argument is related to Lewis's recent shift in positions, but it does seem to muddy the waters a bit.

 

[Chablis]

this is what I'm thinking it is, because it gives him a little leeway. I don't know how much proof he'd have, but maybe they offered him a lesser sentence for certain information? or maybe, he's looking at Tommy, the 'suspect', with the same 15, as himself..& sees the unfairness? IDK, but if it was a ploy by LE to get Misty to rat out Ron, I don't see that it worked. Honestly, if LE suspects Ron, they're going about it in the wrong way. Sorry to ramble...didn't mean to hijack your post. just thinking out loud.

If they suspect Ron, hes sitting in jail, I have to say they are going about it the right way. I think it was very important for LE to get Ron in custody on something not Haleigh related, because I think if they had went to Annettes and arrested him for whatever happened, he would have hurt himself, and possible others, this is a man who showed Tim Miller how he would blow Mistys teeth out the back of her head, oh, and he did this in the presence of his little son, that is really messed up, hes volatile, oh, and he also has a missing child.

jmo

 

[4Jacy]

If they suspect Ron, hes sitting in jail, I have to say they are going about it the right way. I think it was very important for LE to get Ron in custody on something not Haleigh related, because I think if they had went to Annettes and arrested him for whatever happened, he would have hurt himself, and possible others, this is a man who showed Tim Miller how he would blow Mistys teeth out the back of her head, oh, and he did this in the presence of his little son, that is really messed up, hes volatile, oh, and he also has a missing child.

jmo

I agree Chablis, if they had arrested RC at Annette's house a lot of people would have been hurt or killed. He is a man (if you want to call him that) that has no respect for anything or anybody. I wish we could find out what his behaviour has been like in prison. I have a feeling he's conning everyone around him.

 

[lonetraveler]

So...if this was his plan all along, maybe he has out-smarted himself. So much for his "intellingece" TN told everyone about. Looks like he may be screw-d.

Ohhhhhh! Now don't you go and get me all excited now just to get my balloon popped later, LOL. Can Ronald withdraw this motion if he finds out that he made the wrong move?

 

[krkrjx]

Jason Lews is the 7th circuit ASA who prosecuted the drug cases, Ron's and all of the others. He's not the prosecutor in question. That would be a prosecutor from the Office of Statewide Prosecution, Jacksonville Office. John Wethington is the Chief Assistant of the Jacksonville Office, but I don't have names of assistant prosecutors.

ETA: Until late 2009, Jason Lewis was an assistant statewide prosecutor in the Jacksonville office. Here are a few links to unrelated articles that reference his former and current positions. Check them out. You'll see a few familiar names.

http://www.coj.net/Departments/Sher.../Headlines/Sheriff+Rutherford+PC+05052009.htm

(see the letter on page 2)
http://www.fdle.state.fl.us/Informant/MayKudosFINAL.pdf#page=2

But an "unbiased look" at the evidence "absolutely points to" Gilbert and Washington as leaders, said Jason Lewis, a former statewide prosecutor now an assistant state attorney with the 7th Circuit
http://www.news-journalonline.com/n...ep-of-gang-members-justice-or-witch-hunt.html

I'm not sure if Ron's argument is related to Lewis's recent shift in positions, but it does seem to muddy the waters a bit.

I hesitate to take as solid fact anything reported in a news media due to the high number of reporter errors we see these days. However, the statement I have bolded comes from a news article dated January 6, 2010. Now, IF that information is accurate, Lewis was no longer with the statewide prosector's office by the time our players were arrested on drug charges.

The way I am reading this, Lewis was a ASA with the 7th Judicial Circuit at the time of Ron's arrest on drug trafficking charges. As such, he was an appropriate prosecutor for Ron's charges.

What I believe Ron is asserting in his Motion is that since all his charges were in one county and did not span more than one county in a circuit, this prosecutor did not have legal jurisdiction. If that is in fact what Ron is claiming, he is wrong.

The questions I have are was a "statewide prosecutor" by any name involved in prosecution of any of the trafficking charges for any of our players at any time and if so, to what extent?

 

[krkrjx]

I remember at the time of Misty's St. Johns sentencing, it was reported that a prosecutor from Jacksonville was brought in to listen during her questioning. IIRC, that was when she supposedly stated her brother knew everything and to "ask Tommy." However, from how I interepret the rules of jurisdiction in Florida, such consulting is neither improper nor illegal. Perhaps something like this was done with Ron and he feels it was improper.

Shoemaker did not file on Ron's behalf so likely what happened is a "jailhouse lawyer" Ron is incarcerated with convinced him that mistakes were made in his case.

 

[4Jacy]

I remember at the time of Misty's St. Johns sentencing, it was reported that a prosecutor from Jacksonville was brought in to listen during her questioning. IIRC, that was when she supposedly stated her brother knew everything and to "ask Tommy." However, from how I interepret the rules of jurisdiction in Florida, such consulting is neither improper nor illegal. Perhaps something like this was done with Ron and he feels it was improper.

Shoemaker did not file on Ron's behalf so likely what happened is a "jailhouse lawyer" Ron is incarcerated with convinced him that mistakes were made in his case.

With Ron's high IQ :floorlaugh:, I find it odd he would be gullible enough to take a con's advice over his lawyer.