Who thinks Tommy will succeed in getting his sentence modified?

Discussion in 'Haleigh Cummings' started by krkrjx, Oct 2, 2010.

Thread Status:
Not open for further replies.
  1. krkrjx

    krkrjx Hello Darkness, my old friend...

    Messages:
    7,129
    Likes Received:
    1,669
    Trophy Points:
    113
    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. Loading...


  3. the seeker

    the seeker New Member

    Messages:
    1,798
    Likes Received:
    9
    Trophy Points:
    0
    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.
     
  4. butterfly1978

    butterfly1978 New Member

    Messages:
    2,793
    Likes Received:
    0
    Trophy Points:
    0
    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.
     
  5. Kat

    Kat Kind words do not cost much

    Messages:
    17,195
    Likes Received:
    33
    Trophy Points:
    0
    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.
     
  6. krkrjx

    krkrjx Hello Darkness, my old friend...

    Messages:
    7,129
    Likes Received:
    1,669
    Trophy Points:
    113
    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.
     
  7. suspicious1

    suspicious1 New Member

    Messages:
    3,762
    Likes Received:
    0
    Trophy Points:
    0
    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
     
  8. dodie20

    dodie20 New Member

    Messages:
    5,077
    Likes Received:
    1
    Trophy Points:
    0
    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.
     
  9. krkrjx

    krkrjx Hello Darkness, my old friend...

    Messages:
    7,129
    Likes Received:
    1,669
    Trophy Points:
    113
    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.
     
  10. dodie20

    dodie20 New Member

    Messages:
    5,077
    Likes Received:
    1
    Trophy Points:
    0
    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.
     
  11. impatientredhead

    impatientredhead New Member

    Messages:
    6,476
    Likes Received:
    12
    Trophy Points:
    0
    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.
     
  12. impatientredhead

    impatientredhead New Member

    Messages:
    6,476
    Likes Received:
    12
    Trophy Points:
    0
    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.
     
  13. azwriter

    azwriter Sister Mary Wanna

    Messages:
    4,217
    Likes Received:
    2
    Trophy Points:
    0
    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!
     
  14. krkrjx

    krkrjx Hello Darkness, my old friend...

    Messages:
    7,129
    Likes Received:
    1,669
    Trophy Points:
    113
    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.
     
  15. Donjeta

    Donjeta Adji Desir, missing from Florida

    Messages:
    19,248
    Likes Received:
    11
    Trophy Points:
    38
    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.
     
  16. krkrjx

    krkrjx Hello Darkness, my old friend...

    Messages:
    7,129
    Likes Received:
    1,669
    Trophy Points:
    113
    LOL...so much for my math skills!!

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

    Emeralgem New Member

    Messages:
    8,215
    Likes Received:
    3
    Trophy Points:
    0
    BBM.. I couldn't agree more and IMHO this case should have an even could have been solved 18 to 20 months ago IF LE was truly interested in solving it..JMHO
     
  18. Concerned Papa

    Concerned Papa New Member

    Messages:
    2,708
    Likes Received:
    0
    Trophy Points:
    0
    I think the possibility of Tommy's sentence being reduced is in direct proportion to whatever the truth of what happened to Haleigh may be and what Tommy can offer by way of convincing proof. If he's involved in this horrible crime, he has ZERO chance for a reduction. If he's not directly involved and can offer verifiable proof of what happened, I say let him out the front door now if that's what it takes to find her.

    For whatever reason, right or wrong, I'm having a problem embracing the notion that Tommy was the perpetrator in what happened to Haleigh and I don't give a flying flip about this nickle dime drug charge.
     
  19. redfish

    redfish New Member

    Messages:
    831
    Likes Received:
    3
    Trophy Points:
    0
    I'm with you Papa.
     
  20. krkrjx

    krkrjx Hello Darkness, my old friend...

    Messages:
    7,129
    Likes Received:
    1,669
    Trophy Points:
    113
    I agree--drop his charge down to a misdemeanor and let him go with time served if he can solve the Haleigh case but is not the perp, and I also agree it is very difficult to visualize Tommy as the perpetrator against Haleigh. I will be floored if it is proven that he was the perp.

    It's most unfortunate that Tommy tried to sell the Joe-did-it-and-it-was-like-Lake-Placid nonsense last spring. I do believe that search yielding nothing is the sole reason Tommy's sentence on a single low-level trafficking charge was so harsh.

    LE wants us to believe the trafficking and Haleigh cases are not related, yet Tommy's sentence says they are joined at the hip.
     
  21. dodie20

    dodie20 New Member

    Messages:
    5,077
    Likes Received:
    1
    Trophy Points:
    0
    I have mixed feelings about Tommy's sentence. Because just for the drug case, he WAS sentenced too harshly. Misty just implicated him, & when you add that to LE calling him a suspect in his 1st sentencing, this hearing couldn't have come at a worse time. (all part of the grand plan, I'm sure). So, if LE calling him a liar & a suspect, contributed to the harshness, (& I think it did), then things could actually be worse, this time. If Tommy wants a chance, he either needs to drop this petition, or be ready to defend himself against Misty's accusations...& sticking with the Joe story, (as is), isn't an option, because LE has officially, in court, called that story bogus. He's either gonna have to rework that story, & back it up with some proof, or come up with a totally different story, (Misty?), & back that up with proof, or explain why he lied. But I think if he could retract the story, & claim complete ignorance, he would've already done it. So, I'm guessing that he gave LE some real info that led to some real evidence, & he has backed himself into a corner. Also, comparing his sentence to Ron's won't get him any sympathy. Ron, according to LE, is cooperating, Tommy is not. That's the difference maker. Now, I personally, don't like Ron's deal, but it is what it is. Ron, before it got to late, evidently started truth telling, & Tommy has continued to lie. Out of all these people, Tommy dumbfounds me the most. At most, he should've been no more than a perifial player, but he has put himself in the thick of everything. So, even if he comes up with the truth, & he's not the murder, I don't want him to get less than that 15 years. He's made a real mess out of this, & lied & lied & lied. He doesn't deserve leniency. I think he should gladly accept that 15 years, & be thankful he didn't get 30.
     
Thread Status:
Not open for further replies.

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice