Bike Forums

Bike Forums (http://www.bikeforums.net/forum.php)
-   Advocacy & Safety (http://www.bikeforums.net/advocacy-safety/)
-   -   Bertonatti to plead guilty (http://www.bikeforums.net/advocacy-safety/872667-bertonatti-plead-guilty.html)

San Rensho 02-13-13 02:16 PM

Bertonatti to plead guilty
 
I can't believe its been over 3 years that I saw Christopher Le Canne dying in the roadway right after he had been hit by this POS coward that ran away. I'll never forget that horrible scene. RIP Le Canne, rot in jail Bettonnati. Lets just hope he gets some serious time. Ok.


http://www.miamiherald.com/2013/02/1...e-dui-hit.html

Roushe 02-13-13 06:11 PM

11.56 years minimum? That .56 portion is 204.4 days, or 204 days, 9 hours, and 36 minutes. How do they get that?

Russ

CB HI 02-13-13 06:52 PM

Quote:

Originally Posted by Roushe (Post 15270916)
11.56 years minimum? That .56 portion is 204.4 days, or 204 days, 9 hours, and 36 minutes. How do they get that?

Russ

First day counts as a full day. So they let him out in the morning at 0936 after feeding him a good breakfast.

No plea bargain! He must be worried about all the more recent killings and how bad he would look with the testimony at trail.

CB HI 02-13-13 06:54 PM

I also thought he was on house arrest - so how did he end up at court in the orange suit and cuffs?

San Rensho 02-13-13 07:00 PM

If I remember, they revoked his bail because he lied when he said he only had one passport but in fact had two.

Chris516 02-13-13 09:22 PM

This is the court actions that have taken place, since the first of the year:


Seq. No. Date Book/Page Docket
362 02/12/2013
REPORT RE: SENTENCING SET FOR 05/02/2013 AT 08:45
359 02/07/2013
ORDER FOR PRE-SENTENCE INVESTIGATION
358 02/07/2013
REPORT RE: PLEA SET FOR 02/12/2013 AT 08:45
360 02/06/2013
NOTICE OF HEARING 2/7/13
356 02/05/2013
REPORT RE: STATUS SET FOR 02/07/2013 AT 08:45
354 01/22/2013 E-SUBPOENA: MUNOZ, LARRY ID: 081-09504 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/23/2013 S
353 01/22/2013 E-SUBPOENA: YOUNG, DAVID ID: 081-00803 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 02/09/2013 S
352 01/22/2013 E-SUBPOENA: HUERTAS, FELIX ID: 081-00606 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/23/2013 S
351 01/22/2013 E-SUBPOENA: KRISTALY, ADRIANA ID: 030-06073 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/22/2013 S
350 01/22/2013 E-SUBPOENA: ALBURY, DAVID ID: 030-05400 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/23/2013 S
349 01/22/2013 E-SUBPOENA: KHAN, ZUBAIR ID: 030-04969 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/22/2013 S
348 01/22/2013 E-SUBPOENA: WILHELM, GEORGE ID: 030-04863 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/22/2013 S
347 01/22/2013 E-SUBPOENA: MCDONALD, ISABEL ID: 030-04848 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 02/03/2013 S
346 01/22/2013 E-SUBPOENA: SLIMAK, MARK ID: 030-04512 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/22/2013 S
SENT: RECD/NOTFD: ACKN: 01/22/2013 S
345 01/22/2013 E-SUBPOENA: GREENWELL, DAVID ID: 030-03558 FOR: TRIAL ON 02/19/2013 AT 08:45 ISSUED BY: CJIS
SENT: 01/22/2013 RECD/NOTFD: 01/22/2013 ACKN: 01/22/2013 S
SENT: RECD/NOTFD: ACKN: 01/25/2013 S
344 01/03/2013
TRIAL HEARING SCHEDULED FOR 02/19/2013 AT 08:45 TRIAL HEARING RESET
343 01/03/2013
MOTION FOR CONTINUANCE FILED 01/03/2013 ORAL SET FOR 01/03/2013 AT 10:17 GRANTED STIP

A trial hearing, is scheduled for next Tuesday. Along with a pre-sentence investigation....haven't they investigated enough in three years of time wasted. Then the sentencing is not scheduled until May 2, 2013.

Hopefully he stays in jail for the forseeable future, prior to trial.

CB HI 02-13-13 11:58 PM

Quote:

Originally Posted by San Rensho (Post 15271143)
If I remember, they revoked his bail because he lied when he said he only had one passport but in fact had two.

I remembered that as well. But I also thought he later got to go home with a high bail and required to wear an ankle bracelet. That seemed to be one of the reasons for his lawyer asking for all the delays, that he was not currently in jail longer with each delay.

Edit - Found something on it: http://blogs.miaminewtimes.com/ripti...eleased_on.php

CB HI 02-14-13 12:05 AM

Quote:

Originally Posted by Chris516 (Post 15271608)
pre-sentence investigation....haven't they investigated enough in three years of time wasted. Then the sentencing is not scheduled until May 2, 2013.

Hopefully he stays in jail for the forseeable future, prior to trial.

Pre-sentence investigation is only done after conviction. Suppose to find all other convictions/stuff the judge can consider for light or harsh sentence. Things like prior DUIs could really get him a long prison term.

Juha 02-14-13 12:13 AM

Finally.

Chris516 02-14-13 03:06 AM

Quote:

Originally Posted by CB HI (Post 15272056)
Pre-sentence investigation is only done after conviction. Suppose to find all other convictions/stuff the judge can consider for light or harsh sentence. Things like prior DUIs could really get him a long prison term.

Hmmmm.....Ok

Quote:

Originally Posted by Juha (Post 15272075)
Finally.

Yes....Finally

Essex 02-14-13 05:31 AM

Quote:

Originally Posted by Chris516 (Post 15271608)
A trial hearing, is scheduled for next Tuesday. Along with a pre-sentence investigation....haven't they investigated enough in three years of time wasted. Then the sentencing is not scheduled until May 2, 2013.

Hopefully he stays in jail for the forseeable future, prior to trial.


Sorry to say this guy has lawyers who know how to work the system. For years. Jury selection will cost the state a lot of money, as well as the trial which would probably take a few days. Vetting the jury will be interesting.

Poguemahone 02-14-13 08:08 AM

Quote:

Originally Posted by Essex (Post 15272362)
Sorry to say this guy has lawyers who know how to work the system. For years. Jury selection will cost the state a lot of money, as well as the trial which would probably take a few days. Vetting the jury will be interesting.

He's pleading guilty. Will they even bother to select a jury?

I thought the Webb case here in Va took forever, but this one is ridiculous.

Essex 02-14-13 10:01 AM

Quote:

Originally Posted by Poguemahone (Post 15272668)
He's pleading guilty. Will they even bother to select a jury?

I thought the Webb case here in Va took forever, but this one is ridiculous.

Confusing news reporting - The Miami Herald reports that Carlos Bertonatti, 32, will enter a guilty plea at a February 19 hearing, delayed so that the victim's family can attend the trial from France.


Pleadings saves everyone time, frustration and money. Hope the judge throws the book at him.

Chris516 02-14-13 10:49 AM

Quote:

Originally Posted by Essex (Post 15272362)
Sorry to say this guy has lawyers who know how to work the system. For years. Jury selection will cost the state a lot of money, as well as the trial which would probably take a few days. Vetting the jury will be interesting.

Yes he does. It is disgusting.

Quote:

Originally Posted by Poguemahone (Post 15272668)
He's pleading guilty. Will they even bother to select a jury?

I thought the Webb case here in Va took forever, but this one is ridiculous.

At first, yes why even have a jury trial or trial at all. But May 2, 2013 is more than two months away. In that time, he could withdraw his guilty plea, and opt for a jury trial. It would be just another one of his games.

Chris516 02-14-13 11:20 AM

Quote:

Originally Posted by Essex (Post 15273031)
Confusing news reporting - The Miami Herald reports that Carlos Bertonatti, 32, will enter a guilty plea at a February 19 hearing, delayed so that the victim's family can attend the trial from France.


Pleadings saves everyone time, frustration and money. Hope the judge throws the book at him.

It was set for the 19th, then reset for May 2.

no motor? 02-14-13 12:52 PM

Quote:

Originally Posted by Juha (Post 15272075)
Finally.

I hope that the amount of people here who haven't forgotten about this case have done some good.

Angio Graham 02-14-13 01:18 PM

He will serve about 40% or less of whatever sentence he is given.

CB HI 02-14-13 03:02 PM

With him pleading guilty, the court will not seat a jury. But they still have a court hearing for the plea and then one for sentencing. Sounds like the paper is calling the sentence hearing a trial, maybe because the court will hear from both sides before sentencing.

Chris516 02-14-13 04:14 PM

Quote:

Originally Posted by CB HI (Post 15274196)
With him pleading guilty, the court will not seat a jury. But they still have a court hearing for the plea and then one for sentencing. Sounds like the paper is calling the sentence hearing a trial, maybe because the court will hear from both sides before sentencing.

That is, if he doesn't withdraw his plea, and opt to take his chances with a jury trial. Betting on the memories of all the witnesses, not being clear after three years of stalling.

rydabent 02-15-13 08:12 AM

Please anyone let us know how long this case comes out.

dougmc 02-17-13 12:59 PM

Quote:

Originally Posted by CB HI (Post 15271117)
No plea bargain!

He has good lawyers, so that tells me that the only reason he would ever plead guilty is that he got a plea bargain.

A plea bargain for a reduced sentence or just not caring what happens to you are the only reasons to plead guilty. His guilty plea is valuable to the prosecutor -- it saves time and there's always the small chance that he could actually be found not guilty. The prosecutor will make an offer for that plea (which might range from really good to barely anything, depending on the situation) and it makes no sense for him to just give the plea away for free.

Chris516 02-17-13 01:37 PM

Quote:

Originally Posted by rydabent (Post 15276549)
Please anyone let us know how long this case comes out.

I bookmarked his record with the Miami-Dade County judicial system.

Essex 02-18-13 02:49 AM

Quote:

Originally Posted by Chris516 (Post 15283908)
I bookmarked his record with the Miami-Dade County judicial system.

I've also bookmarked his record. Interesting. Speeding in a manatee zone, as well as assault and battery previously.

If you want to follow the case through the courts:

http://www2.miami-dadeclerk.com/cjis/CaseSearch.aspx

Select case number and in the boxes type in: F 10 001742 - you do not need to add a # to the last box.

The judge for the case is Hon. Bronwyn Miller:

http://i791.photobucket.com/albums/y...udgeMiller.jpg

CB HI 02-18-13 09:35 PM

Quote:

Originally Posted by dougmc (Post 15283818)
He has good lawyers, so that tells me that the only reason he would ever plead guilty is that he got a plea bargain.

A plea bargain for a reduced sentence or just not caring what happens to you are the only reasons to plead guilty. His guilty plea is valuable to the prosecutor -- it saves time and there's always the small chance that he could actually be found not guilty. The prosecutor will make an offer for that plea (which might range from really good to barely anything, depending on the situation) and it makes no sense for him to just give the plea away for free.

The article said 'No plea bargain!', what information do you have that refutes that.

Yes he has good lawyers that have repeatedly delayed a trial date so witnesses could move away, retire from the police force, forget details that they can be attacked on at trial, and for the anger at the killing to die down.

Their problem is that additional killing have occurred, increasing the anger towards the killers. The news articles for the new killings keep mentioning this case. Not good for Bertonatti.

It has reached a point that Bertonatti's good lawyers figure he is unlikely to get off even in a jury trial. They likely figure his best bet to limit jail time is to plead guilty, tell everyone how remorseful he is, how he cannot sleep, he wished he had died rather than his victim, how sad it all has made his mother and ask mercy from the court. His good lawyers likely figure he will some mercy from a woman judge, who is a mother.


So NO
Quote:

A plea bargain for a reduced sentence or just not caring what happens to you are the only reasons to plead guilty.
are not the only reasons.

Kurt Erlenbach 02-19-13 11:35 AM

Plea accepted, sentencing May 2, no plea or sentencing bargain - 11.5 to 35 years is the possible sentence.

http://www.miamiherald.com/2013/02/1...ad-guilty.html


All times are GMT -6. The time now is 11:44 AM.