I've been reading this thread for a while and finally created an account tonight (long time listener, first time caller). I have not personally encountered the glory that is Shaner other than digitally and even that was more than I needed. I join with the others posting before me that I can't wait to hear what happened today. Since it seemed Len had an open invitation (and it is open to the public after all) I hope someone manged to go and we get a report. I wasn't going to burn a vacation day on what is most often an uninteresting court procedure, but with what happened last time I have to admit I was quite tempted to see if Len's dream team lawyer could make it interesting.
He’s already had his preliminary hearing (that was at the DJ) to decide if the DA had sufficient evidence to support the charges listed (not if the evidence was valid, just that they didn't dream up charges without anything relevant to back them up). You really can't "win" there, unless the DA brings no evidence at all. Today was his formal arraignment. He can’t "win" there either. The DA reads the charges (very dry reading of section 3.a states blah blah definition blah blah) (nothing specific to this case except for the date and location) and his attorney does enter his appearance. The defense attorney can waive the reading (since it is blah blah anyway). Len enters a not guilty and the next date is set. That is where is may get interesting.... Next date could be a pretrial. Which is like a mini quick trial where the defense attorney is trying to get some of the charges thrown out. I’d definitely love to go see that. OR it could be for a plea (if he were to just take a guilty plea—that’s not gonna happen, at least not this quickly). OR it could be set for a trial (which could be a jury trial or it could be a non-jury trial which means it is just before the judge). OR it could be a case status (boring) where they all come back and then set a date for one of the other things I listed. Looking ahead to the endgame, there are special programs, special probation programs but I doubt he’ll get those. One is ARD (Accelerated Rehabilitative Disposition). That is for 1st time DUI, small amounts of pot, shop lifting, smaller charges.
There is no real gag order possible here. Len should keep quiet, if he's smart, but it isn't up to the judge to instruct him to do so and the DA certainly doesn't need Len to keep quiet. The more Len talks the more he is likely to admit to something. Looking at all of the court procedures that happen across the US daily, gag orders (suppression orders) are rare. They are used to protect trade secrets that would be revealed at trial (not something in play here) or to protect a witness. Len isn't at Gitmo, this isn't some FBI sting with an undercover agent, there's nothing to keep secret from the public. Defendants and DAs aren't obligated to comment, but anyone can report on the proceedings.
