Aug 9 2022 - Continuance on Grand Jury, defense filed motion for autism disorder deferred disposition

[Pointless Sperg]

Oh shit, I didn't realize there was such a thing as an actual autism defense. That seems dumb.

Tard diminished capacity defenses are as old as dirt, it's just people aren't familiar with them as most places eliminated them during the tough-on-crime era.

Virginia just *barely* brought it back.

 

[Shiversblood]

Hmmm. So if I’m understanding this correctly then this means that, Chris Chan has a honest chance of beating the charges during the trial and being found not guilty of Incest, by reason of Autism. This is going to be a ground breaking trial. A trial of the century if you will. I think this will be the first case in USA history where a man who had sex with his mom is honestly found not guilty of incest because he used autism as a defense during trial. The only question will be if the jurors accept Autism as a defense or not. Will just have to wait and see.

 

[R00T]

So could heilberg make this argument like 8 months ago or immediately after the mental hospital? If that’s the case does this make him the ultimate alog, ensuring Chris continues to stay in jail before he gets him off?

 

[Phalanges Mycologist]

Oh shit, I didn't realize there was such a thing as an actual autism defense. That seems dumb.

Well you guys, if all our activity here on The Farms ever comes back to bite us, I guess we all know how we can get out of it now at least.

If autism is so crippling that it makes you rape your mom, he should never be allowed out of supervised custody again. It's only logical.

It could be possible that this is what that kind of defence is for "Poor Tard doesnt know any better / does know better but can't help himself so let's set it up so he's punished but isn't as much of a problem going forward"

 

[PyrrhicRustle]

Hmmm. So if I’m understanding this correctly then this means that, Chris Chan has a honest chance of beating the charges during the trial and being found not guilty of Incest, by reason of Autism. This is going to be a ground breaking trial. A trial of the century if you will. I think this will be the first case in USA history where a man who had sex with his mom is honestly found not guilty of incest because he used autism as a defense during trial. The only question will be if the jurors accept Autism as a defense or not. Will just have to wait and see.

He wouldn’t be found “not guilty” due to the autism, he’d at least be given probation without a judgement on guilt.

 

[Pointless Sperg]

So could heilberg make this argument like 8 months ago or immediately after the mental hospital? If that’s the case does this make him the ultimate alog, ensuring Chris continues to stay in jail before he gets him off?

We don't know if Heilberg's motion will succeed. I am a bit surprised that he did not file this motion sooner.

I put it in the FAQ, but I'll cut and paste the entry here:

Can't Chris still use the fact that he is autistic/retarded in his defense?

Yes. Due to a VERY recent statute ( § 19.2-271.6 ), Chris's attorney is allowed to present his conditions as a mitigating factor. This overrules a particularly harsh law passed in 1980 that banned the use of mental health conditions as evidence. This evidence, however, might not be helpful in determining guilt in a case where intent is not an issue. It would still definitely help in presenting a more sympathetic viewpoint to the court, and that could carry over into sentencing instead of having to be introduced at the last minute for a diminshed capacity determination.

In addition, another recent statute ( § 19.2-303.6 ) would actually allow Chris to be let off entirely with a deferred disposition, though the fact that Chris has been in jail this long indicates that this may not be in the cards. (In addition, certain sexual crimes are not eligible for this. Sexual intercourse with your mother is not one of them, but cunnilingus with your mother is. The way it's worded, however, seems like it only applies on a second offense. Someone with actual Virginia legal chops could clarify this.)

Neither of these, however, are get-out-of-jail-free "tard cards". Firstly, they would have to convince a judge (in a bench trial) or jury (in a jury trial) that they applied.

Second, deferred disposition is not an acquittal. It means "Guilty if you mess up your probation, no charges if you succeed." He would still have to stay out of trouble for a long probation period, otherwise he would be hit with a conviction.

So yes, it's possible for the "teflon tard" to skate on this, but the fact that they are keeping him in jail makes it seem unlikely, and even if he does, he still would have spent at least a year in jail, despite never being convicted.

EDIT: One thing I didn't make clear is that it can happen in a plea agreement, if the prosecutor is on board with it. It would just be unusual.

 

[Lou Sassle]

Heilberg: Your honor I submit my client is fully and completely retarded. Thus has no idea what's going on. Just look at these letters and his hundreds of retard friends calling and asking if he's okay.

Judge: Your right. Christian Wesson Chandler you are free to go. Please return to 14blc under the care and supervision of your mother Barbra. Someone pin a note to his shirt with "Barbussy" in a circle crossed out.

 

[Friend of Dorothy Parker]

Like I said in the previous thread. They are just as mentally retarded and inbred as Chris. Of course they would not punish their own kind.

Also, I'd like to say once more:
View attachment 3580631
Looks like Heilberg had played us all. He gamed the system by forcing the hand of the prosecutors knowing if the plea deal falls out. The prosecutors would have to indict and move onto a felony case. Which it seems they've played right into his trap card and why he sent Chris to the mental hospital to be looked at. It wasn't to test for mental competency so he could aid in his defense. It was to build his defense and use the tism with a deferred sentencing. Of course, once Chris is set free to go forth and rape other elderly mothers. It's no skin off his teeth. Well played Heilberg, well played. This is in the instance the prosecution does not fight back or if Chris somehow doesn't fuck it up, but who knows. It's been a wild ride and CWC always keeps surprising us in ways we wouldn't even see coming.

In all likelihood all of this is being negotiated rather than it being some "so there!!" defense surprise. I'm sure everyone involved - and everyone in Greene and the surrounding counties - would prefer a resolution that is a more wholistic answer to "what do we do about Chris" than "let's put the uncontrollable autistic guy in prison or out on the streets.".

Wouldn't surprise me if Heilberg were putting together a whole life plan (with cooperation of prosecution, court, state agencies, other professionals...even the family). I've mentioned some form of conservatorship or guardianship before (or a less restrictive version; there are at least 4 in VA). Or not. But courts will treat exceptional cases exceptionally sometimes, and if anything, this case is exceptional.

Not the least of which reason is that putting a Chris in big-kid prison is prime meat for some autism/disability legal advocacy group.

 

[TruthSeekingDaimon]

Fucking hell, at this rate Chris will end up serving life by continuance.

That actually happens in shit and nigro skin countries.

 

[I swear she's 18]

Hmmm. So if I’m understanding this correctly then this means that, Chris Chan has a honest chance of beating the charges during the trial and being found not guilty of Incest, by reason of Autism. This is going to be a ground breaking trial. A trial of the century if you will. I think this will be the first case in USA history where a man who had sex with his mom is honestly found not guilty of incest because he used autism as a defense during trial. The only question will be if the jurors accept Autism as a defense or not. Will just have to wait and see.

If I recall this might change law if Chris manages to beat or at least greatly diminish his sentence. It's not the UK, but apparently someone managed to escape some harsher sentence through an insanity plea. Which in turn changed, and more importantly, hardened the requirements for insanity in the UK because let's be honest. Chris knows what he did was wrong and he's going to walk away like all the other crimes. Someone really should step in and define/harden the requirements and diminish the safety cushion that it gives because it looks like a giant fucking loophole to game the system.

 

[Cherenkovblue]

They don't get to go to deliberation, but up until that point they're just like any other juror. They can still interact by submitting written questions to the court, thus providing valuable indirect input to the court and to other jurors.

While true, I second the notion that being an alternate is an ultimate cocktease. I've only had jury duty twice... once as an alternate. To say that my time as an alternate was not fun would be an understatement: It was a case involve a fucking chomo would clearly was guilty as hell and somehow the jury still deadlocked. Fucking idiots.

EDIT 2: Reading again, I'm retarded, and it looks like it was intended for a request from Heilberg for deferred disposition due to autism, which would be a best-case outcome for Chris (I've pointed out before how lucky Chris is that that statute came into effect when it did). He'll have to waive indictment for that to happen though, otherwise there's no felony disposition to defer.

Virginia is a silly state.

 

[Smleman303]

Hmmm. So if I’m understanding this correctly then this means that, Chris Chan has a honest chance of beating the charges during the trial and being found not guilty of Incest, by reason of Autism. This is going to be a ground breaking trial. A trial of the century if you will. I think this will be the first case in USA history where a man who had sex with his mom is honestly found not guilty of incest because he used autism as a defense during trial. The only question will be if the jurors accept Autism as a defense or not. Will just have to wait and see.

Not not guilty, just a reduced punishment is what sperg has been getting at.

 

[Sadhatter]

Ianal, and have no intent on power leveling or doxing my job. That being said, for what a random guy on the net claiming knowledge is worth...

I think we have 2 possible outcomes.

1. Chris skates. And as the a token lefty here, I will apologise for the craziest ten per cent of us helping create a world in which this happened. Folks like me share the blame, we haven't been reigning those idiots in for the last decade or so.

Or

2. They are gathering evidence, and imho, this is going to involve a lot of the government and educational folks Chris has dealt with.


(Gay terminology coming up, you've been warned. )

In the 'helping' field (think folks ancillary to social workers etc. Catch all term) , there is a big focus on, is someone disabled to the point of not being responsible.

Chris entire life is a long ass paper trail of folks writing "Super fucked, but he knows what's going on." , From various points of authority .

I know this may sound a bit a-loggy , but it's true in my (possibly made up, this is the internet.) Experience. If he is going for the "I'm so autistic I can't be held responsible" defense, he has 30 something years of folks paid little more than minimum wage to deal with him and his objectively horrible case load.

 

[TruthSeekingDaimon]

No one is gonna pay money for someone to babysit an autistic redneck who fucks his mom.

Dont call things before they happen.
You might end up paying with your taxes.

 

[EvaUnit404]

Can someone explain what is the event that the court appointed to today's 1:30?

 

[Chaos Theorist]

If Virginia legitimately believes that austists are so incapable of parsing right from wrong that they can't be held accountable for anything, then upon diagnosis they should immediately be permanently locked away for the benefit of society as a whole.

Are autists the niggers of the disabled world?

 

[Friend of Dorothy Parker]

They don't get to go to deliberation, but up until that point they're just like any other juror. They can still interact by submitting written questions to the court, thus providing valuable indirect input to the court and to other jurors.

Insightful alternates can actually have a big impact on a case, even if they don't make the final decision.



In the unlikely event of a trial, the farms should send their best sketch autist.



Still digesting this. Looks like the prosecution simply didn't present to the grand jury while they dealt with Heilberg's request, though it's possible the grand jury did something unusual and asked for more information.

It could also be that they didn't bother because Chris is going to waive indictment.

I don't have a good answer, as much as I wish I had psychic powers like Chris.



Some people do. Plenty of defendants have died during multi-year cases. There's zero chance of that happening in Chris's case though, unless he forces the matter by hastening his transition to CWCville.



It's not a trial. All the grand jury does is hears the evidence and says "Yes, you can prosecute the motherfucker."

In this case it looks like they either didn't hear the evidence because the prosecutor delayed it, or they had more questions. If they'd rejected it, it would have said "NO BILL".



They can't do prelim in circuit court without the charges being approved. Either that hearing is going to be canceled, or Chris is going to waive indictment. If he waives indictment that 100% means a plea agreement is happening immediately.

EDIT: Or the hearing has some other purpose and it's just labeled that way.

EDIT 2: Reading again, I'm retarded, and it looks like it was intended for a request from Heilberg for deferred disposition due to autism, which would be a best-case outcome for Chris (I've pointed out before how lucky Chris is that that statute came into effect when it did). He'll have to waive indictment for that to happen though, otherwise there's no felony disposition to defer.

Unless the circuit court does something really weird and gives deferred disposition on a misdemeanor, which is something district courts are supposed to do, but circuit court can do as well.

My guess is Chris will waive indictment.

Heilberg filed when he did because they are working cooperatively. The Court is likely fully aware as well, this has been the plan for awhile, and the motion/hearing will be fairly pro forma.

 

[Nobody Super Famous]

So being a retarded tranny means you can do whatever the fuck you want in Virginia. Got it.

 

[Friend of Dorothy Parker]

Not not guilty, just a reduced punishment is what sperg has been getting at.

There could be a variety of negotiated outcomes/terms, not just that.

 

[Pointless Sperg]

Not not guilty, just a reduced punishment is what sperg has been getting at.

Deferred disposition would mean that, if Chris completes his probation, he will actually have never been "punished" at all, in terms of being convicted of a crime, and there will be no de jure sentence.

De facto, of course, Chris will have spent over a year in jail and have to have lived under whatever the conditions of his probation were, so that's effectively punishment.