Dennard violation hearing postponed...a whopping 10 days

[supafly]

The original violation of probation hearing that was scheduled for tomorrow has apparently been postponed until next Friday 9/6.

As we know, Dennard has already been arraigned on the violation of probation charges as of last month, and was scheduled to go in front of the judge tomorrow.

Let the speculation begin as to why it was postponed only 10 days, and more importantly--why they'd schedule it for the Friday preparation day of the season opener.


Alfonzo Dennard due in court two days before Patriots? opener | ProFootballTalk

 

[JMC00]

Seems to me if it was the state that rescheduled it was to stick it to him if nothing comes out of the hearing.

He will definitely miss the Thursday walk-through.

I'm not sure when the Pats fly out but either way it puts him in a bind where he would have to get to Buffalo on his own.

So he'll be automatically missing 2 days of preparation time.


Whatever comes out of the hearing expect Dennard to be inactive Week 1.

 

[supafly]

A Nebraska defense attorney recently weighed in on the situation on WEEI:

Jen Tomka, Nebraska defense attorney, weighs in on Alfonzo Dennard

 

[Rob0729]

Odds are still good that it gets pushed back again. That's how these things work.

 

[supafly]

Odds are still good that it gets pushed back again. That's how these things work.

Another 10 days?

 

[Rob0729]

Another 10 days?

LOL!

I am sure that Dennard's attorney will argue that Dennard cannot properly assist in his defense so close to the season and request continuance. Odds are good, although not a slam dunk, that the judge will grant it.

 

[supafly]

A Nebraska defense attorney recently weighed in on the situation on WEEI:

Jen Tomka, Nebraska defense attorney, weighs in on Alfonzo Dennard

The Nebraska defense atty goes on to remind us that:

--the judge who sentenced him is a "new" judge who has less than 1 yr on the bench

--the disposition or punishment can happen even though the new DUI trial hasn't taken place yet, simply due to the fact that he was arrested, had negative police involvement, refused to take the test, etc

--she believes the judge will come down harder due to the fact that he was arrested within a very short period of time from the April trial

--the punishment will be for the original charge of assault, since that's what he was punished for to begin with (very important aspect)

--anything can happen from no action taken all the way to additional jail time imposed made to be served immediately. Lots of discretion from the judge since she's the one who sentenced him in the first place

--Nebraska football players are regularly given lighter sentences in her opinion, due to their popularity in Lincoln

 

[supafly]

LOL!

I am sure that Dennard's attorney will argue that Dennard cannot properly assist in his defense so close to the season and request continuance. Odds are good, although not a slam dunk, that the judge will grant it.

It would seem that common sense would point to the prosecution being the ones who moved the date back 10 days, simply due to the fact that Dennard's attorneys would have preferred for it to happen tomorrow as opposed to the Friday before the start of the season.

If that's the case then I'd hope that the defense can get a continuance for another month or so, which would take us into the beginning of October at the very least. The more it can get pushed back (if they allow and agree to that of course, due to the circumstances) the better for the team and us fans--as you said.

 

[JoeSixPat]

I wonder what type of middle ground the judge might consider given the fact that, it appears that Dennard was drinking, yet many in the public also feel the police were targeting him for retribution.

Seems to me she needs to send a message to both parties - but most of all to law enforcement if in fact that's what was happening.

I wouldn't mind the message to law enforcement being to throw the case out

In any case it sounds like the prosecution wants more time - and that's probably not a good sign for them.

 

[supafly]

I wouldn't mind the message to law enforcement being to throw the case out

This is the violation of probation case, not the DUI case. The prosecution is arguing that his probation should be immediately revoked due to the fact that he was arrested again, had what they refer to as a "negative police encounter," (although I've yet to see a "positive" police encounter) and refused to take the breathalyzer which is actually worse for him due to losing his license for a year right off the bat.

Due to those facts the prosecution has decided to pursue the VOP charges which he was already arraigned for last month. In many cases the probation officer and prosecutor do not pursue a VOP case until after the resolution of the "new" charges, but sometimes they feel that they want to proceed immediately before the new case is even resolved, so that's what is happening now.

The DUI is an entirely seperate matter actually, so there's not much chance they'd throw the VOP out. The judge does have a lot of discretion though since she's the one who sentenced him, so the possibility exists that she can give him a small punishment or something that is in the middle of the 2 extremes that may be considered both fair and within reason.

 

[DaBruinz]

The original violation of probation hearing that was scheduled for tomorrow has apparently been postponed until next Friday 9/6.

As we know, Dennard has already been arraigned on the violation of probation charges as of last month, and was scheduled to go in front of the judge tomorrow.

Let the speculation begin as to why it was postponed only 10 days, and more importantly--why they'd schedule it for the Friday preparation day of the season opener.


Alfonzo Dennard due in court two days before Patriots? opener | ProFootballTalk

This would be the second time or third time that it has been pushed back.. It was originally scheduled for July 23rd.. Then it was pushed to August 8th. Then to August 27th. Now it's to September 6th..

Something smells to me..

 

[supafly]

This would be the second time or third time that it has been pushed back.. It was originally scheduled for July 23rd.. Then it was pushed to August 8th. Then to August 27th. Now it's to September 6th..

Something smells to me..

That's not true. You are mixing up the cases.

Dennard's original VOP arraignment was scheduled for 7/31 last month, but his defense moved it UP a week due to being able to avoid having him miss a day of training camp.

Other than that, there haven't been any other moves in the VOP case. This is the next step after the arraignment where he sees the judge. That usually occurs approx. one month after the VOP arraignment.

 

[DaBruinz]

This is the violation of probation case, not the DUI case. The prosecution is arguing that his probation should be immediately revoked due to the fact that he was arrested again, had what they refer to as a "negative police encounter," (although I've yet to see a "positive" police encounter) and refused to take the breathalyzer which is actually worse for him due to losing his license for a year right off the bat.

Due to those facts the prosecution has decided to pursue the VOP charges which he was already arraigned for last month. In many cases the probation officer and prosecutor do not pursue a VOP case until after the resolution of the "new" charges, but sometimes they feel that they want to proceed immediately before the new case is even resolved, so that's what is happening now.

The DUI is an entirely seperate matter actually, so there's not much chance they'd throw the VOP out. The judge does have a lot of discretion though since she's the one who sentenced him, so the possibility exists that she can give him a small punishment or something that is in the middle of the 2 extremes that may be considered both fair and within reason.

The only problem is that he took the field breathalyzer test, twice, and the officer claims that he didn't blow hard enough so the reading was inaccurate despite the fact the machine gave a reading that was below the legal limit. It was recorded as a "refusal" because he supposedly didn't follow the officer's instructions. But, the machine wouldn't have given a reading. It would have given an error or refusal code. Which is not what was said to have happened..

 

[supafly]

The only problem is that he took the field breathalyzer test, twice, and the officer claims that he didn't blow hard enough so the reading was inaccurate despite the fact the machine gave a reading that was below the legal limit. It was recorded as a "refusal" because he supposedly didn't follow the officer's instructions. But, the machine wouldn't have given a reading. It would have given an error or refusal code. Which is not what was said to have happened..

It's Dennard's "opinion" or word vs that of the police. How many times do you normally hear of someone breaking the law and admitting to it? Of course he's going to claim that he blew into the machine. The fact that they have enough evidence to base new charges on him speaks otherwise. There's likely video evidence and the testimony of 2 sworn officers.

You tell me who is winning so far based on the fact that they filed an immediate revocation of his probation, where he's since been arraigned on those charges...

 

[supafly]

That's not true. You are mixing up the cases.

Dennard's original VOP arraignment was scheduled for 7/31 last month, but his defense moved it UP a week due to being able to avoid having him miss a day of training camp.

Other than that, there haven't been any other moves in the VOP case. This is the next step after the arraignment where he sees the judge. That usually occurs approx. one month after the VOP arraignment.

Yeah, you're definitely mixing up your cases.

I just double checked again. The only time anything from the VOP was moved was when Dennard himself moved it up a week to avoid having to miss TC, and that was for the VOP arraignment.

Some of the dates you're quoting are for the DUI case.

 

[DaBruinz]

That's not true. You are mixing up the cases.

Dennard's original VOP arraignment was scheduled for 7/31 last month, but his defense moved it UP a week due to being able to avoid having him miss a day of training camp.

Other than that, there haven't been any other moves in the VOP case. This is the next step after the arraignment where he sees the judge. That usually occurs approx. one month after the VOP arraignment.

Pretty sure he saw a Judge back on July 24th. And it was the Judge who move the date to 8/27. Both were for Violation of Probation. And it's now been moved to 9/6.

Alfonzo Dennard back in court in Neb. | Boston Herald

August 12th was the hearing for the DUI case.

Still looks like it's been moved twice. First to 8/27 and not to 9/6.

 

[supafly]

Pretty sure he saw a Judge back on July 24th. And it was the Judge who move the date to 8/27. Both were for Violation of Probation. And it's now been moved to 9/6.

Alfonzo Dennard back in court in Neb. | Boston Herald

August 12th was the hearing for the DUI case.

Still looks like it's been moved twice. First to 8/27 and not to 9/6.

Like I stated to you, Dennard moved it up from 7/31 to 7/24 himself so that he wouldn't miss TC. That was for the arraignment, which has already happened.

The judge didn't "move it again to 8/27." That was for the next step of the process when he actually physically sees the judge. In Nebraska you are arraigned on your VOP charge and then you see the judge in one month. The next date was set for 8/27. That was continued yesterday by the prosecution.

This is the first and only time the prosecution has asked for any continuances. They moved it once yesterday from 8/27 to 9/6. Dennard also moved his arraignment date up a week from 7/31 to 7/24, so they both re-arranged the date for two seperate instances and steps. Dennard once for the arraignment, and the prosecution once for the actual hearing in front of the judge.

The DUI matter is entirely seperate.

Either way, it doesn't matter all that much, but I don't see the "fishiness" that you seem to because the prosecution only moved one date and that was only pushed back 10 days. It's not like they keep screwing with the dates.

 

[DaBruinz]

It's Dennard's "opinion" or word vs that of the police. How many times do you normally hear of someone breaking the law and admitting to it? Of course he's going to claim that he blew into the machine. The fact that they have enough evidence to base new charges on him speaks otherwise. There's likely video evidence and the testimony of 2 sworn officers.

You tell me who is winning so far based on the fact that they filed an immediate revocation of his probation, where he's since been arraigned on those charges...

What the hell is your problem? Do you even pay attention to what you posts? You just posted the OLD link from MUTT& Merloni talking to the Neb. Attorney (from July 11th the day of Dennard's arrest) and then posted a synopsis of the discussion with the attorney. The attorney flat out said they could ask for a Violation of Probation hearing just for the fact that he'd been pulled over.

We have the Police report saying he blew into the machine, but supposedly didn't do so properly and THAT is what resulted in the "Refused" the breathalyzer charge. Yet they also said they got a reading off it. You don't get a reading if it wasn't done properly. You get an error or a "refusal" code.

As for the video and the word of 2 sworn officers. Well, we don't know what is on the video and there are plenty of corrupt cops around. Acting like there isn't is just being naive.

There aren't NEW charges. There are ONLY the charges brought against him that night he was pulled over. And there were 3 charges filed that night. DUI, Refusal to take a Chemical Test, and Straddling the Lines.

The ORIGINAL date for the Violation of Probation hearing was July 31st. It was changed to July 24th at the request of Dennard's Attorney. The judge then scheduled it for August 27th. And now it's been moved to September 6th. Pretty straight forward.

BTW, the July 31st hearing was NOT for arraignment. But you keep telling yourself that if it allows you to sleep at night.

 

[supafly]

I think the main question on everyone's mind will be whether or not the prosecution and judge allow Dennard's attorneys the opportunity to ask for a continuance (or two).

If they can pull that off, they could potentially push the hearing in front of the judge back a bit which would postpone any punishment from both the judge and the NFL.

Of course this happens a lot but it's not a given considering the fact that the prosecution filed for the immediate revocation prior to the outcome of the new case. That shows that they want it expedited as soon as possible.

It will all depend on whether or not the judge allows for the continuance which is expected from the defense, and how long she postpones it. Even a month or 6 weeks would allow for some extra time for Dennard to escape any punishment for now.

 

[supafly]

What the hell is your problem?

BTW, the July 31st hearing was NOT for arraignment. But you keep telling yourself that if it allows you to sleep at night.

Yes it was dude.

The 7/31 date was for Dennard to be arraigned on his violation of probation charge, which he then moved up to 7/24 and was promptly arraigned on that date.

Try to get it right before you go throwing around shots.