Legal Action Considered Against Polk Sheriff:
This one is from the “Boy does that woman have brass ones” department.
Christina Garcia is the mother of Mercades Nichols. Mercades is one of if not the main suspect in the videotaped beating of Victoria Lindsay.
You would think that Ms. Garcia has more important matters to attend to like making sure her daughter stays out of jail but no. Ms. Garcia has taken it upon herself to file a lawsuit against Polk County Sheriff Grady Judd for making ‘defamatory’ remarks and causing ‘severe emotional damages’.
In her intent to sue notice, Bernard wrote that Judd failed to handle the arrest of the teens “with integrity and a degree of care” that would have protected them “against unfair treatment and exposure.”
Judd has described the March 30 beating in published news stories as “animalistic” and said that after the teens were arrested, they were laughing together in a holding cell, saying “Am I going to miss cheerleading practice?” and “I guess we’re not going to the beach this week.”
I didn’t know you could be sued for the truth. Garcia’s face is causing me severe emotional damages. Can I sue for that?
UPDATE 1/8/09: Thread closed due to length. Conversation continues here.
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Phil-
Since I’m not a lawyer I can’t say what charges should have been filed. We all have given opinions about what a reasonable sentence should be and they differ a bit but not by that much. And all our recommendations are far more severe than six months house arrest and far short of life, far short of twenty years in fact. I remember Greta van Susteren was saying they should have been charged as juveniles way back in April, and she was as outraged as any of them by the video. So maybe Greta with her legal knowledge understood more about what a just sentence would be than those like me who were happy with the adult charges. It is true that the main sticking point could be the felony charges which stay with you for life and severely limit your choices for as long as you live. That is true up here too, not just Florida. Guys I know who pleaded guilty to a felony as teenagers just to avoid prison were lucky to get jobs as messengers and custodians and usually wound up back in prison anyway because they couldn’t adjust. As far as I know charges filed in juvenile court could still be considered a severe enough punishment to satisfy the demands of justice but I can’t say. Anyway how can we be sure the court wouldn’t hand down a life sentence if they are found guilty. And with the video evidence how can they not be found guilty. There are many people who want to see a life sentence in this case and a lot of them write angry letters to judges and editors and they get attention.So we are right back to my “hypothetical” example which might actually come true. And no one here would think that were just, even if they think it is better than acquittal.
As for other beatings, this one is certainly in a class by itself in several ways. But where it is not unique is the severity of the injury inflicted. There are more like that out there, I have seen them. Just because they don’t take a half hour doesn’t mean they are not severe. Some people are vicious by nature and are very quick and efficient in inflicting injury. They don’t need a long time to destroy some victim. I have seen that on some of these videos and I have seen it happen in my presence. And I have learned to watch out for the cold efficient ones who specialize in inuring or killing quickly. So when people say this video was especially brutal because it was so long and involved confinement of the victim I could argue just the opposite. I could point out that the reason it took so long was that these girls were not very efficient in causing injury. That doesn’t mean they are to be pitied, but it does cast doubt on the idea that they are thugs. Maybe they wanted to be thugs but they weren’t good at it. As for confining the victim, you can see videos where the victim is knocked down and kicked repeatedly and that is a form of confinement even with no doors being locked. They don’t have to lock the door on you when you are laying on the ground and they keep kicking and stomping you. Even if they only take a minute or two. I have seen such beatings and I even helped stop a few but usually you are too late to stop them. Cold and efficient gets the job done and it’s too late to repair the damage. These girls were angry and got carried away but they were not cold and efficient. That is not an excuse and it may not be significant in the long run but to me it means there may be hope for them. Anger, and even the anger of hate is a form of energy and it can be changed to the energy of love under proper guidance.
I know the pain that violence brings and I have lost friends who were killed by guns and knives and sometimes the perpetrator is never found, or if found gets a light sentence. For once I would like to see a happy outcome ensuing from a horrible act of violence, and I’m hoping that this is the one time.
Gomp I said earlier to be careful about wanting this to turn out good for everyone. I don’t know how Victoria gets justice . a proper derterent and statement is made and the defendants recieve “lienient sentence ” If you had to choose between bad choices where would you go . You asked that of us earier .5 years for Bh or 6 months house arrest if that was your 2 choices what would it be .
Phil, okay in that case I’d have to say 5 years for Ms Hardcastle, but I’d want it to include some form of rehabilitation. Maybe not martial arts but at least counseling and some education. Hope that’s all right. gn
I am ever mindful of the fact that the main concern is justice for Victoria. I just don’t think we help her by going to extremes in punishment. BTW we don’t really know what Victoria wants in all this, as far as what she thinks would be an appropriate sentence.
- Well said Gomp. But as far as you, Phil, Amy and I go I think we all doubt Tori will get justice. I think the defendants will get off with light punishments and with Tori’s reputation tarnished by the defendants familes and the defense attornies. Remember what Schumaker’s parent’s said? The father said it was a fair one on one fight. LMAO! And the mother said Tori set the whole thing up. You can’t make this up.
One thing I don’t understand is it should be easy for April the youngest of the Infamous 8 to get off with probation and community service. But her attorney is slandering Tori every chance possible. If I was the Lindsay’s I would make sure I file a civil suit against April and her parents. Why can’t the Lindsay’s finally buck up and say to any defendant or defense attorney stop bleeping with us? Tori was viciously victimized physicially and emotoionally during the assault and false imprisonment and now she’s being victimized again by defense lawyers before a trial or plea deals and that’s criminal to me.
Scott;
If is not prying are you on topix as well if yes are you Scott from Hattisburg MS Or Scott from Flordia
Can’t tell from the comments
no problem if you like youe anominity just curious
thanks
Deputy Torres was just arrested today for unlawful use of computer 2 felony charges….messing with files. To those who don’t know her, she was the involved with my daugher’s case. Still say there is no corruption here? And its not over yet oh no, there will be more. Believe that! Mess with God’s children and you will pay.
I have been wanting to make a point for a while re the trip to cvs and the apoligy that took . to do this in the way i want means sharing personal history .which is never easy .My father was an acoholic and for most of our formitive years abuse went with this as it usually does .Ussaually directed at my mother as bullys of any kind pray on the vunerable. In time he quit drinking and for the most part my parents worked things out .this was after most of us were on our own. So Gomp I have seen the power of redemption first hand .The power of love and forgivness is very powerful Too bad it is not used neary enough .Every time The physical abuse happened wether he was drunk or sober was always followed by an apoligy that went like this . I am sorry for what i did but you should of known better then to Bla.BlaBla . You should also apoligise to for what you did also.. Then of course to either protect herself or us kids ‘never really sure which My mother would aploigise for whatever it was that caused my father to do what he did.When I read about the apoligy that BH exacted from Victoria my heart broke in remeberance . To Electronica whatever else you may think or believe about the happings of March 30th . That was not an apoligy, it was a continuation of the abuse . The shame of the victim having to aploigise to the abusers for thier role in getting abused is commen and degrading .
Phil, yes that’s me on Topix. The internet lists me as Mississippi on Topix when I post in Vero Beach, Florida and Cocoa, Florida when I post in Micco, Florida. I’m not realy sure why.
And Phil, good point about how Hardcastle was continuing her emotional abuse on Tori by making her apologize to her, Mayes and Nichols in the CVS parking lot. How ridiculous is that?
Christina, will Deputy Torres be suspended or lose her job? If she did what was alleged it is wrong and she needs to pay the price for that. And did you hear that Sheriff Judd got re-elected to another term? Whacha think of that?
His re election was back in November and its pretty old news, and if you look in the paper from today it says what happened to her as far as pay and discharged.
Gomp – This blog is getting so difficult. It takes forever to scroll down and sometimes I can only get down to December and then I have to start all over again. Can Trench Reynolds do anything to help with this? Don’t know just asking?
I believe I am the last one responding to your questions life or aquittal. You are really making this tough. First of course I would try anything I could with the judge to not be seated on the jury. I know you are not giving us that option. However, I thought I could try this tactic
My answer is not a good one. Acuittal means innocent of all charges. Guilty means just what it states. Since my verdict would have to be guilty, it would have to be life in prison. I was very much going to go for the acquittal answer because of the unfairness of the sentence. However, I broke it down into the two categories of guilt or innocence. I had to look at it from that perspective as of course neither punishment in anyway fits the crimes commited. If I would have voted for aquittal it would be from an emotional perspective.
Of course you bring up many good points with how much damage can be done in a much ‘quicker assault’. Physical damage or death can be inflicted in an instant. This case is different because it does have the additional 29 minutes. To break her physically, emotionally and spirtually. That is why it is unique. Of course add in the fact it was commited by girls that were very young makes it all the more ‘news worthy’. The amount of enjoyment and humiliation is not something seen carried out in a jumping.
The Casey Anthony case is a crime that has unique elements. Everday only God knows how many childrens lives are taken my one parent or another. So why is her crime so sensationalized?
The strange behaviors surrounding it. The unbelievably horrific act that was commmited that goes against every law of nature was not unique in itself. The circumstances around it are beyond bizarre.
My problem with comparing the sentences of this case to murders or rapists is as follows. Many injustices are seen in our court rooms. When people who will take anothers life and get 22 years or much less this is a total miscarriage of justice. When pedophiles are allowed to be released knowing full well their is no rehab. for this that is a total miscarriage of justice. When a rapist is given 5 years for his crime that is a miscarriage of justice.
So to say imposing harsher sentences on these girls than ones that have been handed down unjustily is sort of like the old saying “two wrongs don’t make a right”. Our justice system needs a total over haul. We can not impose harsher sentences on people who got off lightly because of double jeopardy. So, start with the cases you can do something about. Start making the punishments fit the crime.
Unfrotunately their are way to many incidences of fighting, jumping, etc. that go unpunished. The problem with most of the fights you see on the internet is either the victim choose not to press charges or their is no way to trace the source. If it was up to me they would all be punished.
This type of behavior has been tolerated in our society for to long. Fighting in schools. Jumping. Society as a whole has paid dearly for this tolerance. So in order to stop the escalation of violent crimes. It is time for actions to be taken. Gangs have codes of their own. So I am not really sure what the deterent would be there if they are willing to die for their honor than stop their behaviors. If they fight against each other not much can be done. If they involve innocent victim who does not make this a conscious lifestyle than all beats are off.
The problem with these girls not being charged as adults would be that some are older than others. Not sure how the law would carry this out but say B.H. got a 4 year sentence. She is now 18 and a couple of the others will not be far behind. Where do you send her to send out her sentence now? Legal question for you.
Very long I know. However, it does take a long time to get on here so trying to comment on everything at once. Their is no box to be checked on a college application for felon or not. Once you have served out your sentence and yes even in prison college courses are obtainable and a college degree is accessible. So this will not deny the chance to obtain a degree if so desired.
Re slow page
I think its because there are now 1462 messages on one page .Why don’t we start posting under PLEA DEAL OFFERED. it will go faster I think
I’ll have a solution set up for you guys in a few hours.
Wow with great power does come the frame
You are always watching
Amy, maybe Trench will have a part 2 to this blog and we can start a new blog as in part 2 and that way we start over and that would make posting easier. Amy, if Hardcastle does time and she should it needs to be in adult prison. I think she deserves 5 years, probation and counseling with early release for good behaviour with time already served counting in her time served. So if Brittini eneded up in jail for 2 and a half years I could live with it. As far as Cooper goes if she gets jail time it should be juvenile detention because she’s only 15.
One of the largest obsticals faceing these girls is the danger of felony convictions . If this goes to trial they may get this attached . Is a felony conviction deserved for any of the defendants Especially BH .BM or Mercades. This may be more damageing then any time spent in jail . what are your thoughts . I would not loose much sleep if Bh got a felony conviction. and if they are guilty of charges that are felony charges .then are they not deserved . I am not as sure as i once was (thanks Electronica ) .like to get your opinions AmyV ,Scott and Gomp.
Just asking this makes me a lousy procecutor I know .
To Electronica did not mean to exclude you but you have made it clear your views on this of cource feel free to jump in.
I know i got a bit upset on the Phil’s mean comment , i have been reading topix more closely . That’s a freaking war over there . I have no reason to comlain if i am comparing how we communicate here compared to that site interesting to read don’t know about posting.
No Phil, with the black frame comes great responsibility. *lol*
Anyway due to complaints of the length of this thread I’m closing it down.
However you may continue the conversation at http://users.boardnation.com/~trench/index.php?board=10
It’s a message board I’ve set up for just such an occasion.
Ok, since you guys didn’t go for the message board I reopened this thread and I recommend continuing the conversation at http://www.mycrimespace.com/2008/11/19/pleas-offered-in-cheerleader-beating/
I wonder how long it will be before this story really plays itself out. Unknown, apparently Victoria’s father, tells us on Toppix that his daughter continues the dark away-from-her family journey that brought her to that tragic moment almost a year ago. How long before she finally joins the adult world that she still seems to reject?
In the meanwhile, Christina and Mercades continue their own destructive dance. Granted, Christina said some imprudent things about the police when this whole thing started, but in many ways she seems to have grown. She put her financial future on the line to keep her daughter out of jail. She speaks about losing her house by the end of February. What did Mercades say or do to trigger this explosion from her mother? The only good point is this: They both said they still love each other. But how long before this story ends?
The others? Kayla, obviously full of regret, expressing deep remorse. April Cooper, bigger and stronger and scary as ever. Did the judge, who seems clueless, note her attitude? B. Mayes? She could still see some prison time, either as a juvenile or as an adult. B. Hardcastle? Scared of adult jail, shedding tears of sorrow for herself as she accepts her fate. What has she learned, this girl who enjoyed something that can only be described as torture? And now, she is pregnant. Will this girl ever stop making losers’ moves?
In a couple of weeks, sentences will be imposed and the thread will end. The future? Something tells me we will hear from some of these girls again. I pray for them all.