9/16/2021 - Court case gets a continuance

[Mariposa Electrique]

Fair enough, but they do like to get convictions, and if Chris died of hypothermia, imagine the "Virginia Makes Stronk Transgender Woman Freeze to DEATH," headlines.

On KF:

"Mother Raping Popsicle On Display at 14 BC from the 21st - 28th".

 

[Pointless Sperg]

If Barb says it was consensual, they will both get charged. I am not sure the punishment for both or even gives a harsh sentence to Barb, but Chirs and Barb will get charged.
So far, there was no charge for Barb so far, so the rape charge could still be at play if the court deems that he didn't consensual act.

Barb doesn't have to say it was consensual, she just has to NOT say it was non-consensual. Remember, the burden of proof is on the prosecution.

And no, she will not necessarily be charged, regardless, unless the prosecutor wants to charge her. He *has* to charge Chris because otherwise there will be an outcry from the public. Will there be an outcry from the public if he doesn't charge Barb? Prosecutors want wins that are trivial and cheap to achieve, and they also prosecute when there would be negative repercussions from the electorate or from the legislature if they don't.

This case is not trivial or cheap. They prefer busting people for common crimes that they have a conveyer belt-like system set up to prosecute. Prosecutors ignore crimes *all the time* if they're a pain to prosecute and there are no complaints from people.

The people of Greene County will probably be satisfied with prosecuting just Chris.

 

[Nikes_JustDoIt]

Barb doesn't have to say it was consensual, she just has to NOT say it was non-consensual. Remember, the burden of proof is on the prosecution.

And no, she will not necessarily be charged, regardless, unless the prosecutor wants to charge her. He *has* to charge Chris because otherwise there will be an outcry from the public. Will there be an outcry from the public if he doesn't charge Barb? Prosecutors want wins that are trivial and cheap to achieve, and they also prosecute when there would be negative repercussions from the electorate or from the legislature if they don't.

This case is not trivial or cheap. They prefer busting people for common crimes that they have a conveyer belt-like system set up to prosecute. Prosecutors ignore crimes *all the time* if they're a pain to prosecute and there are no complaints from people.

The people of Greene County will probably be satisfied with prosecuting just Chris.

I am not a lawyer but Googling the law.
Any person who engages in sexual intercourse with his daughter or granddaughter, son or grandson, or father or mother is guilty of a Class 5 felony. To me, it wouldn't make sense just to charge one but not the other. It might be Chris gets the heavier sentence but I do think Barb could get charged because she has before that has dropped to a misdemeanour.
It's not cheap considering both of them are pretty much broke.
I think the people of Greene County will be happy if both of them go away and let their small town be at peace, away from the weens and orbiters.

 

[Radical Goodspeed]

I don't think they're going to bring charges against an 80 year old rape victim. Virginia isn't that far south. You can commit a felony and just not be charged.

The idea that Barb may be charged has been a pretty fucking dumb theory from the start and anyone who thinks she would be is a retard. The DA isn't going to apply an even hand. They're going to prosecute cases they think they'll win.

 

[Pointless Sperg]

I am not a lawyer but Googling the law.
Any person who engages in sexual intercourse with his daughter or granddaughter, son or grandson, or father or mother is guilty of a Class 5 felony. To me, it wouldn't make sense just to charge one but not the other. It might be Chris gets the heavier sentence but I do think Barb could get charged because she has before that has dropped to a misdemeanour.
It's not cheap considering both of them are pretty much broke.
I think the people of Greene County will be happy if both of them go away and let their small town be at peace, away from the weens and orbiters.

OK, let me make another attempt at an explanation:

In Virginia, Class 5 felonies are "wobblers". At the discretion of the prosecutor, or the jury, it can be treated as a Class 1 misdemeanor instead. The way the "forbidden to marry" law is written, if the incest is between adults who are not parent/grandparent/child/grandchild (say, aunt/nephew), it is always a Class 1 misdemeanor and never a Class 5 Felony. If it IS with adult child/grandchild, then it is a Class 5 felony which, according to Virginia law, *CAN* be downgraded to a class 1 misdemeanor. The reason for low-grade felonies being converted to high-grade misdemeanors is ostensibly to give the court flexibility in dealing with each specific case's circumstances, but in practice it's to enable attractive plea deals without having to change/drop charges.

It is most definitely an expensive case for the prosecution. It requires time and effort for an unusual kind of case, time that could be spend on 5x as many simple cases. In general prosecutors want the highest number of wins possible, and the more time they spend on one case, the less they spend on others. The prosecutor's office has a fixed staff and budget -- they have to choose how to allocate their resources. In addition, with appointed lawyers like Chris has, there is *NOT* a fixed budget, just a fixed hourly rate, so the longer the case drags on, the more money the defense gets while the prosecution is just draining its fixed resources.

While some people in Greene County might not be fond of Barb, it's Chris who's infamous. I'd wager the number of people who would think "that poor old lady" is greater than the number of people who think "we need to bust that sonfucker Barb". Why should the prosecutor spend his limited resources in prosecuting Barb when he could get 10 times as many convictions with those resources prosecuting other, simpler crimes that weren't committed by elderly white women?

EDIT: Also, separate court cases don't have to agree with each other. Chris could cut a deal for misdemeanor consensual incest with a sound-minded Barb, but Barb, if charged, could still run a defense that stressed her mental problems.

 

[TrippinKahlua]

So when is the court date? I’m sure it’s been asked already but I can’t pay attention. I just heard it’s this week.

 

[TaterBot]

november 18, according to the OP.
considering the continuances on prior court dates, and the time of the year with upcoming holiday seasons, how likely is another continuance?

 

[Lorne Armstrong]

november 18, according to the OP.
considering the continuances on prior court dates, and the time of the year with upcoming holiday seasons, how likely is another continuance?

Every continuance reduces the possibility of another one afterwards. Chris has said in his latest jailhouse letters that he’s finished with evaluation/treatment and is no longer housed in the Medical block so Heilberg won’t be able to get another continuance for that reason. I think the possibility of another continuance is one of those 50-50 thangs, and I see both ways. If he gets another one on Thursday, odds are probably 40% the next time. If he gets another one after that, then 30%, and so on. The max penalty for the Incest with no other charges added is 1 year so if they go a whole year, the odds are 0%, Chris walks in, pleads guilty to Incest, and is released with “Time Served”, as well as possible monitoring and RSO registration. This might be exactly what Heilberg and the DA are shooting for. This keeps them from having to pitch a deal to Chris that he won’t want to accept. Instead, drag it out for a year and then tell Chris, “Take this deal and you can walk RIGHT NOW!”

 

[Sharkbait]

Reading this thread has shown me how little I know about pretty much any legal system anywhere. On the one hand, yay, I learned something new, on the other hand, I'm glad I learned it here and not in first person. The best trick to avoid prison is not breaking the law I'd wager.

 

[AlphariusOmegon]

Every continuance reduces the possibility of another one afterwards. Chris has said in his latest jailhouse letters that he’s finished with evaluation/treatment and is no longer housed in the Medical block so Heilberg won’t be able to get another continuance for that reason. I think the possibility of another continuance is one of those 50-50 thangs, and I see both ways. If he gets another one on Thursday, odds are probably 40% the next time. If he gets another one after that, then 30%, and so on. The max penalty for the Incest with no other charges added is 1 year so if they go a whole year, the odds are 0%, Chris walks in, pleads guilty to Incest, and is released with “Time Served”, as well as possible monitoring and RSO registration. This might be exactly what Heilberg and the DA are shooting for. This keeps them from having to pitch a deal to Chris that he won’t want to accept. Instead, drag it out for a year and then tell Chris, “Take this deal and you can walk RIGHT NOW!”

This is if they don’t elevate the charges to rape and theft. If they do, then Chris is truly fucked. I believe the DA can bring new charges should there be sufficient evidence.

And in the case of Chris, there’s more than enough considering he basically confessed to it and expressed no remorse for it in one of his letters.

 

[Hogar Grupal]

This is if they don’t elevate the charges to rape and theft. If they do, then Chris is truly fucked. I believe the DA can bring new charges should there be sufficient evidence.

And in the case of Chris, there’s more than enough considering he basically confessed to it and expressed no remorse for it in one of his letters.

the last time Chris saw the slammer, it was shortly after the pepper spay incident, for which he spent the weekend inside. That was before the Idea Guys, so Chris was more nervous being in that position. Unfortunately, there were no other crimes that the DA could pin Chris at the time. Now that he thinks he's a Goddess (now Jesus), this has allowed Chris to become more brazen, leading up what he did to Barb. Hopefully, the charge of violation of the EPO and additional charges, sticks.

 

[StraightShooter2]

If Barb says it was consensual, they will both get charged. I am not sure the punishment for both or even gives a harsh sentence to Barb, but Chirs and Barb will get charged.
So far, there was no charge for Barb so far, so the rape charge could still be at play if the court deems that he didn't consensual act.

I'm a little worried that Barb will just say it was consensual even if it wasn't to save Chris from any potential rape charges.

Though in one of the early texts, Chris mentioned that Barb told him to "stop" when he fingered her pubic area, so I wonder if that can' be used as evidence that it wasn't consensual.

 

[Second-Hand Boat Supplies]

I'm a little worried that Barb will just say it was consensual even if it wasn't to save Chris from any potential rape charges.

Though in one of the early texts, Chris mentioned that Barb told him to "stop" when he fingered her pubic area, so I wonder if that can' be used as evidence that it wasn't consensual.

The only way I see that possibly being evidence is if Barb already testifies that it wasn’t consensual. Any defense lawyer with a pulse can cast reasonable doubt on that with ease. “My client was saying that she was saying ‘not right now’ because she needed to relax more, being a senior citizen.” Or something like that. Plus, if the texts are the only evidence, there are many other places in them where he describes her as an enthusiast partner. Everyone who’s had sex more than once has almost certainly had a partner say “wait, stop a second” meaning that they’re just uncomfortable and need to adjust positions or they want to continue foreplay. Whether or not that’s what actually happened, (which seems unlikely,) is not the point. The point is that the defense can introduce an entirely plausible alternative explanation so that the texts aren’t some kind of smoking gun. Chris’s exceptionalism almost certainly would benefit the defense’s ability to reframe the texts as well, claiming that he cannot be trusted to accurately communicate everything.

However, if Barb says it was rape, it’s an entirely different matter and he’s fucked. She states that she said no and the texts back that claim up, showing he heard her refusal. There’s no similar wiggle room there.

 

[Cherenkovblue]

It's funny, ya know? With all the balls-to-the-wall coverage of the Rittenhouse trial by everyone's favorite jew-nosed grifter I'd almost forgotten about everyone's favorite mom-raping sociopath. When Rittenhouse's case finally went to a jury I made a prediction: three days and they return a hung jury. Now I'm wondering if we'll get any news out of Chris-chan's proceedings or if they'll be totally overshadowed by everyone's favorite based pedo-killer.

Invest in Orville Redenbacher.

 

[Chazzed Up]

This would actually be hilarious in a very roundabout, poetically ironic sort of way. It would also be one of the less depressing outcomes when compared to the more extreme prospect of life in prison.

I would just hope he is both closely supervised and not among people more vulnerable than him if he does end up in some kind of special needs daycare situation. At this point I feel optimistic that they wouldn't stick him with women at least. He may not be a violent rapist necessarily but he's opportunistic and feels entitled to whatever he wants, so I would want groping retarded women to not be in his future.

 

[Pointless Sperg]

The max penalty for the Incest with no other charges added is 1 year so if they go a whole year, the odds are 0%, Chris walks in, pleads guilty to Incest, and is released with “Time Served”, as well as possible monitoring and RSO registration. This might be exactly what Heilberg and the DA are shooting for. This keeps them from having to pitch a deal to Chris that he won’t want to accept. Instead, drag it out for a year and then tell Chris, “Take this deal and you can walk RIGHT NOW!”

Not exactly. If convicted as a class 1 misdemeanor, the maximum is 1 year in jail. If convicted as a class 5 felony, the maximum is 10 years in prison. Just the incest charge, with no enhancement, can be treated either way at sentencing.

The way I see it, there are three major carrots the prosecution can dangle, and the defense can ask for, in any deal:

The first is no additional charges. The prosecution will almost certainly make that offer on their own as adding more charges complicates the trial immensely -- they probably have him dead to rights for incest, but they'd actually have to put together a compelling case for rape. They'd probably succeed, but it would require way more of their resources to build the case.

The second, and the BIG one, is the SOR. The simple incest charge as it stands would not place him on the SOR. For that to happen, the prosecution would have to additionally prove that Barb was mentally disabled. This involves the same amount of extra evidence as a rape charge but requires no mens rea and is way easier to make stick. The SOR is probably the worst punishment (because it's officially "not a punishment" and thus somehow can be nastier thanks to legal mental gymnastics) so potentially adding it is the biggest stick and not adding it is the biggest carrot.

The third is the misdemeanor/felony wobbler. Being a felon sucks and makes a lot of things in life harder, though nowhere near as bad as the SOR. For normal people it would probably be a bigger issue, but for Chris the most immediate effect would be losing his tugboat and having to reapply (which is perversely harder for retards -- the people who need it most). On a misdemeanor conviction his tugboat would start up again automatically. This technically isn't tied to the felony title so much as the length of the sentence being less or more than a year. I guess *technically* he could be sentenced to 14 months in prison as a felon, but they remove 4-5 months time served in jail (or however much it is when the deal finishes) and thus his tugboat lapses for less than a year and he doesn't need to reapply.

The deal Chris attorney is working toward is almost certainly having all three of these conditions come out favorably for Chris. Accepting the maximum misdemeanor sentence of 1 year would be a fine concession as it scores all the big wins for Chris and adds zero complication for the prosecution.

The next step up would be a minimum-sentence felony conviction without tugboat loss. This hurts Chris more, but not too much, and gets a felony win for the prosecution without any more complication. I'm not sure if Chris' attorney has the tugboat in mind though as he's not super familiar with Chris like we are. The only downside for the prosecution here is that they have to sell it as going light on a felony sentence instead of giving the maximum sentence as a misdemeanor.

A variation on that is a longer felony sentence, tugboat goes away, but everything else stays the same.

The SOR requirement is what Chris' attorney will be fighting the most, and the prosecution is almost certainly including that into consideration as part of the deal. The bulk of the negotiations will be over this.

The additional charges are the nuclear option that the prosecution is only holding onto in case no deal is reached. The threat is basically "take a deal or we will spend the extra resources to make sure we never have to deal with you again". This is the stuff that potentially keeps Chris in prison until he's an old man, and on the SOR for life, with no public housing. Any deal will not include extra charges (unless it's some bullshit extra charge without too many real-world consequences solely as theatrics to give the prosecutor some extra conviction points). Basically if they go ultra harsh, the defense can call the bluff and agree to go to trial, and then the prosecution can come back with a better deal at the last minute to avoid the resource-draining trial. Or, we get the retard trial of the century. I give maybe a 3% chance of this happening.

 

[Hogar Grupal]

So, in the end, Chris won the game of Kick the Autistic.

 

[Josterman]

 

[Smelly-fatnuts]

Lmao, nobody wants to deal with Chris case

 

[Optimus Prime]

The second, and the BIG one, is the SOR. The simple incest charge as it stands would not place him on the SOR. For that to happen, the prosecution would have to additionally prove that Barb was mentally disabled. This involves the same amount of extra evidence as a rape charge but requires no mens rea and is way easier to make stick. The SOR is probably the worst punishment (because it's officially "not a punishment" and thus somehow can be nastier thanks to legal mental gymnastics) so potentially adding it is the biggest stick and not adding it is the biggest carrot.

Here's a question, but could all those videos with Barb having the thousand yard stare I.E the quilt selling video be used as evidence to prove Barb isn't entirely there, mentally?