Saturday, September 20, 2008

Former Cuyahoga County Recorder Plea Agreement on Obsecnity Charges Rejected

It looks like the case against Cuyahoga County Prosecutor Bill Mason's buddy - former Cuyahoga County Recorer Pat O'Malley - isn't going so well. Well, at least for him.

Everyone was curious about the content of O'Malleys computer -

.... court officials have found that the material on the computer "portrays a sadistic or machochistic [sic] conduct or other depictions of violence," according to a filing in court Thursday.which will come out

In a plea agreement yet to be approved, O'Malley was facing a 10-16 month sentence or possibly just probation. Hmm, I guess the offer of probation was because of his stellar career and lack of any previous trouble. LOL Just had to slide that in there!

While O'Malley has been awaiting sentencing and threatening the Solon Police in his spare time, the courts just did something very rare - they are giving O'Malley a chance to change his plea.

It appears Judge Dowd feels the proposed terms do not fit the severity of the case and attempts on limiting his authority in sentencing....

From the PD --

The description of the material came in a ruling by Judge David Dowd of the U.S. District Court in Cleveland.

In the ruling, Dowd scheduled a special hearing Monday to let O'Malley change his plea in light of the longer possible sentence.

Changing a plea is not normally allowed, Dowd noted in the ruling, but O'Malley was not properly informed in May that his guilty plea could not be withdrawn or that Dowd could give a heavier sentence than reached in the plea agreement.

Because the plea agreement does not word sentence terms as just recommendations to the judge, Dowd ruled Thursday that O'Malley's earlier plea was "flawed." More...

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