| Published: 8:13 AM, 11/15/2012 |
Last updated: 8:15 AM, 11/15/2012 |
Author: Gilbert Soesbee Source: The Newport Plain Talk
NEWPORT-Exercising the judge's discretion to accept or reject
plea-bargain agreements, Circuit Judge Rex Henry Ogle rejected a proposed plea
agreement in a Cosby murder case on Tuesday.
Judge Ogle said his decision was based, at least in part,
on the proposal that the offense be reduced from second-degree murder to
criminally negligent homicide and because the sentence called for in the
agreement involved no period of incarceration, only a judicially deferred plea
with two years of unsupervised probation for 43-year-old Candice Marie Griffin.
Decisions of that magnitude should be left up to a
criminal court jury, the judge said.
"The court feels that, based on the state's theory of the
case and the facts as related to the court, that the court will not accept it,"
Judge Ogle said in his ruling in criminal court on Tuesday. "To go from
second-degree murder to a judicial deferral is a big leap. It sounds like a
jury question."
For more details, please see the Thursday edition of the
Newport Plain Talk.
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