Author Topic: Was there really a deal or plea bargain?  (Read 9260 times)

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Offline Alice Purjorick

Re: Was there really a deal or plea bargain?
« Reply #15 on: November 10, 2018, 06:52:56 PM »
neither is beatings suspects to the point of torture...but it happens

Ah the jolly old 37.0909° N, 8.7591° W syndrome yet again.
Give a cite for a successful documented plea bargain in Portugal then.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Mr Gray

Re: Was there really a deal or plea bargain?
« Reply #16 on: November 10, 2018, 07:09:03 PM »
Ah the jolly old 37.0909° N, 8.7591° W syndrome yet again.
Give a cite for a successful documented plea bargain in Portugal then.
I can give a couple of cites of suspects being tortured in custody which proves the PJ have no respect for the law...

Offline Brietta

Re: Was there really a deal or plea bargain?
« Reply #17 on: November 10, 2018, 10:00:58 PM »
I think there certainly was a plea bargain... The lawyer is being diplomatic imo

I too think there was a plea bargain put on the table ... make what you will of this translation.  Did the prosecutor refuse to go with the murder charge?

Snip

MINISTRY OF PUBLIC RECOVERY
On Thursday, when the Judiciary Police chose Kate to be questioned, the investigators admitted that she was being charged, and if she did not fully respond to the evidence gathered by the investigation, she would at least attribute to her the suspicion of a felony murder.

Only then could Madeleine's mother be present at the first judicial interrogation, so that the examining magistrate would apply coercive measures, in addition to the Term of Identity and Residence.

During the day of Thursday everything changed. The prosecutor, who began by admitting the detention outside the flagrante delicto, understood then only indications of negligent homicide and concealment of the corpse, none of which these crimes admit to the application of pre-trial detention and make it impossible to present to court.

Ler mais em: https://www.cmjornal.pt/exclusivos/detalhe/pj-acredita-que-kate-matou-a-filha
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Brietta

Re: Was there really a deal or plea bargain?
« Reply #18 on: November 10, 2018, 10:08:45 PM »
I think there certainly was a plea bargain... The lawyer is being diplomatic imo

In my opinion it is unequivocal that she was certainly offered something.

Snip

Kate refuted all these suspicions in the Judicial Police of Portimão where she was interrogated and it was in this picture that she was explained the penal framework of the homicide by negligence.

The CM knows that the investigators, although they did not directly confront her with a possible assault, explained to her that by not confessing the accident could open the door to a more painful legal framework.

Which means that it would cease to be a negligent homicide, to go on to a qualified crime or with eventual deceit.

Ler mais em: https://www.cmjornal.pt/exclusivos/detalhe/pj-acredita-que-kate-matou-a-filha
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Brietta

Re: Was there really a deal or plea bargain?
« Reply #19 on: November 10, 2018, 10:12:35 PM »
Always good to be reminded of some things.

"On this occasion the police officers were right to be angry. Like many things said about the McCann affair over the past days and months, the story was wrong. There was no offer of a plea bargain. It had all been "a misunderstanding", the McCann lawyer, Carlos Pinto de Abreu, explained the following day".

Did he?

PGR AND MCCANN ATTORNEY FINISHED
The attorney general of the Republic and the lawyer of the McCann family, Carlos Pinto de Abreu, met before the interrogation of the couple, at the Judicial Police of Portimão.

The meeting took place at a time when Pinto de Abreu was already a lawyer for the English family but its content remains unknown.

Confronted by the CM with the meeting, the lawyer hid in a single statement: "The statute of the Bar Association prevents me from revealing the contents of my professional meetings."

No comment could be obtained from the attorney general's office.

The various contacts made during the day by the CM proved fruitless.

Ler mais em: https://www.cmjornal.pt/exclusivos/detalhe/pj-acredita-que-kate-matou-a-filha
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline The General

Re: Was there really a deal or plea bargain?
« Reply #20 on: November 12, 2018, 08:07:00 AM »

  Mr Hill: No. We were part of that process but the principal reason for that suspicion has to be laid at the door of the Portuguese police.

They were the people who named Mr and Mrs McCann as the suspects and repeatedly questioned them for many, many hours and they were the people who leaked all the information about them.

Yes, we were reporting what happened. The alternative would have been for the British press not to report anything. Do you think that would have been a possibility, when the rest of the world was reporting on this case, for the British press to say nothing? It is not practical.
We are all talking here in hindsight and hindsight is a marvellous thing but the fact of the matter is that at the time these reports and these leaks were happening on a daily basis and that is the truth.
https://publications.parliament.uk/pa/cm200910/cmselect/cmcumeds/362/9042803.htm
How many sessions and how many hours? It wasn't many, was it, given the circumstances? I'm fairly sure the T7 were questioned a similar number of times and duration?
Subject Matter Expert - Hobos.

Offline slartibartfast

Re: Was there really a deal or plea bargain?
« Reply #21 on: November 12, 2018, 08:29:49 AM »
“In some legal systems, a plea bargain is an agreement that, if an accused person says they are guilty, they will be charged with a less serious crime or will receive a less severe punishment.”

Note an agreement between prosecution and defence that a plea will result in a lesser sentence. This is not the same as pointing out that, if you have committed a lesser offence, admitting to it reduces the risk of being charged and found guilty of a more serious one.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Eleanor

Re: Was there really a deal or plea bargain?
« Reply #22 on: November 12, 2018, 08:47:03 AM »
“In some legal systems, a plea bargain is an agreement that, if an accused person says they are guilty, they will be charged with a less serious crime or will receive a less severe punishment.”

Note an agreement between prosecution and defence that a plea will result in a lesser sentence. This is not the same as pointing out that, if you have committed a lesser offence, admitting to it reduces the risk of being charged and found guilty of a more serious one.

I don't think that you are wrong but it would have been very easily misunderstood, especially if you didn't do either.

Offline Mr Gray

Re: Was there really a deal or plea bargain?
« Reply #23 on: November 12, 2018, 08:54:03 AM »
“In some legal systems, a plea bargain is an agreement that, if an accused person says they are guilty, they will be charged with a less serious crime or will receive a less severe punishment.”

Note an agreement between prosecution and defence that a plea will result in a lesser sentence. This is not the same as pointing out that, if you have committed a lesser offence, admitting to it reduces the risk of being charged and found guilty of a more serious one.

I think your second example is, a clumsy attempt to pretend not to offer a, plea bargain when in fact that is exactly what is happening ...being coerced into pleading guilty to alesser offence to avoid being charged with a more serious offence

Offline slartibartfast

Re: Was there really a deal or plea bargain?
« Reply #24 on: November 12, 2018, 08:57:35 AM »
I think your second example is, a clumsy attempt to pretend not to offer a, plea bargain when in fact that is exactly what is happening ...being coerced into pleading guilty to alesser offence to avoid being charged with a more serious offence

It would be remiss of a lawyer, who is never certain of their client’s innocence, not to check out options with them.

Coerced is disingenuous.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: Was there really a deal or plea bargain?
« Reply #25 on: November 12, 2018, 09:01:24 AM »
It would be remiss of a lawyer, who is never certain of their client’s innocence, not to check out options with them.

Coerced is disingenuous.

Kate said the offer was made by the PJ not her lawyer

Coerced us not disingenuous
« Last Edit: November 12, 2018, 09:35:53 AM by Davel »

Offline G-Unit

Re: Was there really a deal or plea bargain?
« Reply #26 on: November 12, 2018, 09:15:02 AM »
How many sessions and how many hours? It wasn't many, was it, given the circumstances? I'm fairly sure the T7 were questioned a similar number of times and duration?

Both parents on 4th May
Gerry on 10th Nay
Kate on 6th September
Both on 7th September

I would say surprisingly few sessions.
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Offline The General

Re: Was there really a deal or plea bargain?
« Reply #27 on: November 12, 2018, 09:28:58 AM »
Both parents on 4th May
Gerry on 10th Nay
Kate on 6th September
Both on 7th September

I would say surprisingly few sessions.
So not exactly 'repeatedly for many, many hours'?
Subject Matter Expert - Hobos.

Offline G-Unit

Re: Was there really a deal or plea bargain?
« Reply #28 on: November 12, 2018, 09:32:10 AM »
Kate said the offer was made by the PJ not her lawyer

I don't think so.
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Offline Mr Gray

Re: Was there really a deal or plea bargain?
« Reply #29 on: November 12, 2018, 09:40:48 AM »
I don't think so.

How can her lawyer make an offer... According to Kate the offer was made to her lawyer by the police
« Last Edit: November 12, 2018, 09:50:49 AM by Davel »