AVERY vs BRADDOCK

[WHITEY]

I agree 100%. The group that has trashed Paulette has done nothing to help Mr. Avery, I believe they have actually hurt him. In fact I have a message from someone very close to Mr. Avery that pretty much says that.

I have had several PM's from your Republican friends who are voting for Will Avery, Heck some of them have posted to that affect in this forum

[gpatt0n]

I have never had a client participating in the pre-trial diversion program in Cobb, Paulding or anywhere have to admit guilt in order to participate in the program. Nor have I ever heard any defendant having to admit guilt in order to participate. According to the cite provided by Whitey, there should be some form executed by the participant indicating an admission of guilt if it exists. From my review of the records provided in Paulette's case, no such admission ever occurred. If some such document exists, please post it; otherwise, it is wrong to assume that such an admission of guilt occurred. And it would be a complete denial of due process to assume that simply because there is a vague reference in the DA guidelines for diversion, which was used in a grammatically incorrect way, that a presumption exists of an admission of guilt upon entry into the program, absent an explicit acknowledgment in writing or on the record of that guilt.

 

You know you're right. I talked with an attorney off the record on the general subject of pre-trial diversion programs and processes and it was confirmed there is no specific document written or part of the record that requires a formal admission of guilt.

 

The documentation on the Cobb "DA's" site, including requirements of an indictment (public record) and that 'admission of guilt' element seems to be an effort by the DA there to communicate that no one ought to enter the pre-trial program who is not 'guilty.' Said a little differently, the purpose of this extra-legal documentation seems to be to place the stigma of guilt on those who enter the program in the eye of the public.

 

And the eye of the public is what we're dealing with - whether there should be a stigma guilt laid on a candidate for public office.

 

Of course, if there were no case or the case were so weak that the DA would be fearful of receiving a directed verdict of acquittal, the plain fact is that the DA would simply drop the charges. DA's, as you know, don't have to prosecute cases and can drop them without any kind of pre-trial diversion if they feel there was no crime committed.

 

Further, the DA could, if they choose, hide the existence of the indictment and the pre-trial diversion documents and could have included them in the pre-trial diversion documents by calling for the record to be 'expunged'. Indeed, an indictment is not even necessary for entry into the pre-trial diversion program ... but we do see that it does exist in this case.

 

We also see that the courts did not expunge the record ... and it is obvious that the DA did not, of his own volition, drop the case ... all actions that the DA could do if the DA felt the person was likely or largely innocent.

 

But, you're right Pig Pen ... there was no formal admission of guilt ... and not having to execute such a formal admission is one of the benefits most defendants receive by agreeing to participate in the pre-trial diversion.

 

So what are we to make of the publication that an admission of guilt is a pre-requisite for participation?

 

It may be factually deceptive, but the publication that an admission of guilt is a requirement of participation effectively establishes that perception in the eyes of the public.

 

Further, while there are no fines (you'd have to be guilty to be fined) the fee and the imposition of 100 hours of public service was a significant 'penalty'. Given her role as CEO, her time is quite valuable and at $100/hr, her lost opportunity cost would be at least $10,000 - probably more than enough to have the entire case go away by hiring a strong attorney to attack the state's weak evidence.

 

Certainly there was no formal admission of guilt but the COBB DA, by his web page suggestion that an admission of guilt is required wants everyone to think that is as an actual requirement to enter the program.

 

Certainly there was no formal admission of guilt but the COBB DA, by his choice to indict her on a felony charge (instead of some lesser charge) made a statement as to the seriousness of the infraction.

 

Certainly there was no formal admission of guilt but the COBB DA, because he didn't agree to expunge the record wants everyone to know that this incident actually happened.

 

It is up to each of us to determine our reaction to this revelation. I think it would be a true stretch to come away with the notion that she is a pure as the driven snow.

 

We can all say, and agree that in the eyes of the law she is formally "Not Guilty" but that should not be confused with innocence. Anyone who has her record is not innocent and we all can ask if this is the person we feel will represent us under the Gold Dome?

 

pubby

[Cathyhelms]

Thank you for researching this and yes I agree not guilty does not necessarily mean innocent, however the implications of people calling her a felon for something she is not guilty of really stretches it over the top.

 

I admire your admission that she does not have to plead guilty for a pre-trial diversion.

 

[NewsJunky]

Have I thanked you lately for your service to our country that gives me the right to post what I want on an open message board?? Isn't it wonderful your military accomplishments allowed Pubby the right to own this board.

 

While some of your friends were going off to college, you stood on the lines and fought for our freedoms.

 

THANK YOU.

 

Thank you guntrucker!!!

[feelip]

Thank you for researching this and yes I agree not guilty does not necessarily mean innocent, however the implications of people calling her a felon for something she is not guilty of really stretches it over the top.

 

I admire your admission that she does not have to plead guilty for a pre-trial diversion.

 

 

 

I never called her a felon. I said she committed a felony (and she did). I called her a fraudster (and she is). Splitting legal hairs doesn't make the person look better, it just makes more people look as ridiculous as she looks. Bottom line is she tried to cheat her insurance company. Pretty ballsy. I bet her pulse wouldn't even increase if she drilled me for a few thousand. She needs to keep running her own business and stay the hell out of mine.

 

Thank you guntrucker!!!

 

 

Easy girls. Before you soil your Depends. You might want to see ALL the details on this.

[bombthrower]

So is the lack of education a positive factor in deciding whom you will vote?

No, the lack of a good education should not normally be a positive factor, but neither should it be a negative factor. i have met a lot of prople who do not have a coolege education, but have had a lot of common sense, and been self educated through reading, travel and experence. I have also met some overeducated idiots, with degrees fromn impressive univercities. Formal education is not always the best one, J.B. Hunt, did not have a MS in bussiess Aministration, but look at he did. He waws just a truckdriver with a lot of common sense and a vision.

[cherokeewoman]

I will look at both of them, the party symbol, will have not influence, I do want pelosi out, but I vote for the person, what they stand for..

[Animal]

I have had several PM's from your Republican friends who are voting for Will Avery, Heck some of them have posted to that affect in this forum

 

Now I beg the difference,she has done quite well at trashing herself. Get real some one with her record?Not much left to add there.

[taylormade703@yahoo.com]

I will look at both of them, the party symbol, will have not influence, I do want pelosi out, but I vote for the person, what they stand for..

 

That is very mature of you cherokeewoman. More people should actually look at the people, look at their history and what they stand for, and then make an EDUCATED decision for themselves rather that just voting for an R, D or L after their name. We, as a society are way past that...at least I'd hope so.

[FreeBird]

hahaha, you have to remember that the voting public is comprised of 13 informed voters and the rest that vote for a registered trademark or demorat.

 

Out of 50,000+ registered voters, 10,000 will show up and it will be a 65/35 split.

 

I'd be happy to put some cash on the outcome of the race.

 

 

I was thinking the exact same thing this morning. I can tell you who will win that split. I'll take some of that action.

 

Okay, I'll admit that I was off by 7000 voters, and only off .24 points on the split.

 

I'm calling in my marker, Hi~ho!

[Cathyhelms]

Okay, I'll admit that I was off by 7000 voters, and only off .24 points on the split.

 

I'm calling in my marker, Hi~ho!

 

You did call it pretty close.

[rednekkhikkchikk]

Interesting, I know Charlie Watts and his family well. His grandsons attended High School with my son. They were all in band together. In fact the oldest and my son both played trumpet. Band families tend to be very close to each other.

 

As do many of us who have lived here our entire lives, those of us who do business with his family's business, anyone who has been actively involved in politics in the county for many years, etc.

 

As for the rest of your post it seems to be an attempt to say something without really saying it...?

 

And once again I ask, did Paulette not admit and then attempt to excuse/justify her actions? Admission that you committed an act doesn't constitute guilt any longer?

 

Or maybe it's the lack of shame and remorse that's really the issue here.

[Cathyhelms]

As do many of us who have lived here our entire lives, those of us who do business with his family's business, anyone who has been actively involved in politics in the county for many years, etc.

 

As for the rest of your post it seems to be an attempt to say something without really saying it...?

 

And once again I ask, did Paulette not admit and then attempt to excuse/justify her actions? Admission that you committed an act doesn't constitute guilt any longer?

 

Or maybe it's the lack of shame and remorse that's really the issue here.

 

It's over, why are you still wanting to be ugly?? Charlie Watts happened to deliver the eulogy at my Brother-in-law's funeral, they were very good friends. The only implication there was yes, we know Charlie Watts, his wife, his daugher, his son-in-law and his grandchildren.

[474218]

Okay, I'll admit that I was off by 7000 voters, and only off .24 points on the split.

 

I'm calling in my marker, Hi~ho!

You were off on the 50,000+ voters too. SOS site stated 37503 registered voters in the 19th Assembly District.

[Hee Haw]

Well....... I guess it is settled.......