Posted on 08/04/2004 10:56:48 AM PDT by GAGOPSWEEPTOVICTORY
According to Harvey Levin ("Celebrity Justice") from sources connected with both sides in Eagle, Colorado:
1) Kobe accepts a plea bargain for a non-sex crime misdemeanor such as Third-Degree assault. (misdemeanor, Kobe might get probation, wouldn't have to register as sex offender).
2) Kobe settles the civil case. Pays a financial settlement. Gives letter of apology saying, "that even though Kobe Bryant belived that he was doing nothing wrong, that she felt she had been assaulted in the hotel room, and for that he was sorry."
No plea deals struck, but parties talking about it.
Ah, yes, and I suppose your post is chock full of information and facts about the Kobe case? I mean, that IS the topic of this thread, right? Or is it "flame Howlin"?
Some people seem to have no lives other than to sit around and disparage people who do the research and work with the facts--as opposed to posting--what? Personal attacks? Non-information? Certainly not facts, and nothing whatever relating to the Bryant case (at least in this post). One can't help but think of people like Michael Moore, who has made a lucrative career for himself without accessing a single worthwhile fact.
Or maybe it's just another sad case of an internet gadfly in a fit of pique over being outclassed by someone who knows what she's talking about.
It is thread etiquette to put the person's name in the heading if you use it in your post.
Unpleasant like having sex with her?
There's not a mark on her.
Then keep it private.
As you have been told, then don't post about Howlin. It is considered RUDE around here to talk about someone behind their back.
... and D II (A) is the solution.
The part about the Levin bit on Good Day Live that I didn't post is that Levin seemed to think that they presented the issue to the trial court judge who was ammenable to a plea.
Levin seemed to think that they can get around the sex offender registry law (presumably if the judge signed off on it).
can you cruel and unusual?
First of all, anal sex has not been charged in this case.
And all we know about hers so far is the 72 hours surrounding the supposed incident.
I'm of the group that believes that if there was anything out there really bad about Kobe, we'd have heard it by now.
Just cause you say it, doesn't make it so BUT you've insulted a lot of people who didn't even have a dog in this hunt.
Talk about people committing political suicide... Whew!
sw
If it weren't so warped, I'd laugh. On second thought, I'll laugh anyway. You're funny.
(1) Effective July 1, 1998, the following persons shall be required to register pursuant to the provisions of section 16-22-108 and shall be subject to the requirements and other provisions specified in this article:
(a) Any person who was convicted on or after July 1, 1991, in the state of Colorado, of an unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S., or enticement of a child, as described in section 18-3-305, C.R.S.;
(b) Any person who was convicted on or after July 1, 1991, in another state or jurisdiction of an offense that, if committed in Colorado, would constitute an unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S., or enticement of a child, as described in section 18-3-305, C.R.S.; and
(c) Any person who was released on or after July 1, 1991, from the custody of the department of corrections having served a sentence for an unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S., or enticement of a child, as described in section 18-3-305, C.R.S.
(2) (a) On and after July 1, 1994, any person who is convicted in the state of Colorado of unlawful sexual behavior or of another offense, the underlying factual basis of which involves unlawful sexual behavior, or any person who is released from the custody of the department of corrections having completed serving a sentence for unlawful sexual behavior or for another offense, the underlying factual basis of which involved unlawful sexual behavior, shall be required to register in the manner prescribed in section 16-22-104, section 16-22-106 or 16-22-107, whichever is applicable, and section 16-22-108.
(b) A person shall be deemed to have been convicted of unlawful sexual behavior if he or she is convicted of one or more of the offenses specified in section 16-22-102 (9), or of attempt, solicitation, or conspiracy to commit one or more of the offenses specified in said section.
(c) (I) For convictions entered on or after July 1, 2002, a person shall be deemed to be convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior, if:
(A) The person is convicted of an offense that requires proof of unlawful sexual behavior as an element of the offense; or
(B) The person is convicted of an offense and is eligible for and receives an enhanced sentence based on a circumstance that requires proof of unlawful sexual behavior; or
(C) The person was originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of this subparagraph (I), the person pleads guilty to an offense that does not constitute unlawful sexual behavior, and, as part of the plea agreement, the person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior; or
(D) The person was charged with and convicted of an offense that does not constitute unlawful sexual behavior and the person admits on the record, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense involved unlawful sexual behavior.
(II) If a person is originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (c), the court may accept a plea agreement to an offense that does not constitute unlawful sexual behavior only if:
(A) The district attorney stipulates that the underlying factual basis of the offense to which the person is pleading guilty does not involve unlawful sexual behavior; or
(B) The person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior.
(III) The advisement provided for purposes of this paragraph (c), in addition to meeting the requirements of the Colorado rules of criminal procedure, shall advise the person that admitting that the underlying factual basis of the offense to which the person is pleading or of which the person is convicted involves unlawful sexual behavior will have the collateral result of making the person subject to the requirements of this article. Notwithstanding any provision of this paragraph (c) to the contrary, failure to advise a person pursuant to the provisions of this subparagraph (III) shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the defendant had actual notice of the duty to register.
(IV) In any case in which a person is deemed to have been convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior, as provided in this paragraph (c), the judgment of conviction shall specify that the person is convicted of such an offense and specify the particular crime of unlawful sexual behavior involved.
(V) The provisions of this paragraph (c) shall apply to juveniles for purposes of determining whether a juvenile is convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior.
(d) Notwithstanding any other provision of this section, any stipulation by a district attorney and any finding of the court with regard to whether the offense of which a person is convicted includes an underlying factual basis involving unlawful sexual behavior shall not limit or otherwise affect the ability of the department of corrections to make such determination in accordance with department procedures for purposes of classification and treatment of any person sentenced to the department of corrections.
(3) In addition to the persons specified in subsections (1) and (2) of this section, any person convicted of an offense in any other state or jurisdiction for which the person, as a result of the conviction, is required to register in the state or jurisdiction of conviction, or for which such person would be required to register if convicted in Colorado, shall be required to register in the manner specified in section 16-22-108, so long as such person is a temporary or permanent resident of Colorado. Such person may petition the court for an order that discontinues the requirement for registration in this state at the times specified in section 16-22-113 for offense classifications that are comparable to the classification of the offense for which the person was convicted in the other state or jurisdiction.
(4) The provisions of this article shall apply to any person who receives a disposition or is adjudicated a juvenile delinquent based on the commission of any act that may constitute unlawful sexual behavior or who receives a deferred adjudication based on commission of any act that may constitute unlawful sexual behavior; except that, with respect to section 16-22-113 (1) (a) to (1) (e), a person may petition the court for an order to discontinue the duty to register as provided in those paragraphs, but only if the person has not subsequently received a disposition for, been adjudicated a juvenile delinquent for, or been otherwise convicted of any offense involving unlawful sexual behavior. In addition, the duty to provide notice to a person of the duty to register, as set forth in sections 16-22-105 to 16-22-107, shall apply to juvenile parole and probation officers and appropriate personnel of the division of youth corrections in the department of human services.
(5) (a) Notwithstanding any provision of this article to the contrary, if, pursuant to a motion filed by a person described in this subsection (5) or on its own motion, a court determines that the registration requirement specified in this section would be unfairly punitive and that exempting the person from the registration requirement would not pose a significant risk to the community, the court, upon consideration of the totality of the circumstances, may exempt the person from the registration requirements imposed pursuant to this section if:
(I) The person was younger than eighteen years of age at the time of the commission of the offense;
(II) The person has not been previously charged with unlawful sexual behavior;
(III) The offense, as charged in the first petition filed with the court, is a first offense of either misdemeanor unlawful sexual contact, as described in section 18-3-404, C.R.S., or indecent exposure, as described in section 18-7-302, C.R.S.;
(IV) The person has received a sex offender evaluation that conforms with the standards developed pursuant to section 16-11.7-103 (4) (f), from an evaluator who meets the standards established by the sex offender management board, and the evaluator recommends exempting the person from the registration requirements based upon the best interests of that person and the community; and
(V) The court makes written findings of fact specifying the grounds for granting such exemption.
(b) Any defendant who files a motion pursuant to this subsection (5) or the court, if considering its own motion, shall provide notice of the motion to the prosecuting district attorney. In addition, the court shall provide notice of the motion to the victim of the offense. Prior to deciding the motion, the court shall conduct a hearing on the motion at which both the district attorney and the victim shall have opportunity to be heard.
(6) Any person who is required to register pursuant to this section and fails to do so or otherwise fails to comply with the provisions of this article may be subject to prosecution for the offense of failure to register as a sex offender, as described in section 18-3-412.5, C.R.S. Failure of any governmental entity or any employee of any governmental entity to comply with any requirement of this article shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the defendant had actual notice of the duty to register.
A careful reading indicates it is possible to take a plea withhout requiring registration, however the Prosecutor would be required to place a stipulation on the record.
Doesn't that sound horrifying? I was so shocked when I saw that show.
They had some guy on who showed the A&E people how to use the machine -- and I swear he was almost orgasmic at the thought of getting Kobe on that thing!
In California, parents charged with child molest are often required to undergo similar experiences.
They have no lives but to sit around and live virtually through the Court TV screen. I usally call them the "Laciettes" but I'll have to say "Kobeites" on this thread.
Whoa, Dude! If you've got special insight into what folks on this board do with their daily lives, you could set out with that talent and make some major bucks.
I know! How about you write a "self-help" book?
Please, be sure to help yourself *first* though.
I'd suggest you start by backing away from the....edge.
Unless you know of a way to have sex without getting "any" on you, those things are suppose to be there.
The miniscule amount of blood on his t-shirt could have been from anywhere on her body.
But there is no doubt that there is GOBS of blood and no Kobe DNA on the panties she wore to the rape exam.
I was informing Cherry of how Howlin and her gang work as was explained to me by many in private posts.
And this justifies your continued rudeness how??????????
Oooh.....private post informants. Cloak and dagger. I'm impressed. Bwahahahahaaha !!!!!!!!!!!
If Hurlburt does that, he's a dead man in Eagle.
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