DH9387
Jolly Good Fellow
- Messages
- 275
- Location
- Kaneohe, HI
The independent probe that GT initiated to look into the sexual assault allegations against CJP has come back in CJP's favor:
https://www.ajc.com/news/breaking-n...ually-assaulted-woman/0AZLIQUsp5yQdySoy2w9BK/
Edited to add tweet:
https://www.ajc.com/news/breaking-n...ually-assaulted-woman/0AZLIQUsp5yQdySoy2w9BK/
Edited to add tweet:
YlJacket
Helluva Engineer
- Messages
- 3,260
Hard to prove a negative but really good news.
Got a chuckle at the comment Stansbury would be meeting with Pastner about access to the program by outsiders. They were not waiting on this report for that meeting - they have had several didactic sessions on that already
Got a chuckle at the comment Stansbury would be meeting with Pastner about access to the program by outsiders. They were not waiting on this report for that meeting - they have had several didactic sessions on that already
MikeJackets1967
Helluva Engineer
- Messages
- 14,844
- Location
- Lovely Ducktown,Tennessee
https://www.espn.com/mens-college-b...coach-josh-pastner-sexual-assauly-allegations
Good Article on Josh Pastner being cleared of Title lX charges
Good Article on Josh Pastner being cleared of Title lX charges
- Messages
- 5,862
I think this is the most interesting paragraph from the ESPN article.
"Bell and Pendley also accused Pastner of sexually assaulting her before Georgia Tech played Sam Houston State on Nov. 22, 2016. They said a security officer witnessed the incident, but employment records indicated the officer wasn't working that night. In fact, the security officer told investigators he was visiting family in Baltimore for Thanksgiving."
Also, the full AJC article mentions that the attorney for Bell and Pendley is resigning from the case.
"Bell and Pendley also accused Pastner of sexually assaulting her before Georgia Tech played Sam Houston State on Nov. 22, 2016. They said a security officer witnessed the incident, but employment records indicated the officer wasn't working that night. In fact, the security officer told investigators he was visiting family in Baltimore for Thanksgiving."
Also, the full AJC article mentions that the attorney for Bell and Pendley is resigning from the case.
- Messages
- 12,104
- Location
- Marietta, GA
LOL flipping hilarious!
I assume that no one here is surprised.
Just more proof that *** **** is a PoS scum @#*+#!!
In fact, whale feces are higher up the scale than he is.
brandon_cox
Jolly Good Fellow
- Messages
- 323
Well, since I all but promised that Miracle Whips was going to serve some hard time in the Georgia Penal System, I feel like I belatedly owe the board an explanation of what went wrong and why he’s not locked up. Bear with me because this gets a little into the legal weeds.
In chronological order:
On June 4, 1998, Ron pleaded guilty to felony Theft by Taking and was sentenced to ten years probation. (Back during that time frame he also pleaded guilty to three other felonies but those sentences have expired and are no longer relevant). Ron had his probation revoked more than once, with the last time on August 2, 1999. Sometime in the first half of 2000, Ron permanently fled the jurisdiction and moved to Arizona. On June 1, 2000, the Georgia Department of Corrections issued an arrest warrant for Ron.
It wasn’t until October 17, 2003, that the Cobb County Sheriff’s Department signed the non est inventus form on the back of the arrest warrant (I have no idea what took them so long but this is Cobb Screwup #1). On October 27, 2003, Judge Mary Staley signed a Tolling Order based on the non est inventus. Here’s what that means in plain English. Non est investus means “he is not to be found.” This is the standard form a sheriff or probation officer files when a probationer has fled the jurisdiction. A Tolling Order stops the probation from running. Neither the non est inventus nor the Tolling Order were filed with the Superior Court (this is Cobb Screwup #2). Moreover, the June 1, 2000 arrest warrant was not filed with the GCIC or NCIC, meaning that it was not entered on either the state or federal database. (this is Cobb Screwup #3).
In 2010, the GA Legislature amended OCGA Section 42-8-36(a) and tightened up the requirements which must be met for a probated sentence to be tolled. Among those requirements was that the non est inventus and the Tolling Order must be filed with the Superior Court Clerk’s Office to be effective.
Flash forward to January 29, 2018, when, at the behest of his client CJP, Raymond Pacheco of Arizona Undercover Private Investigators made an Open Records request to Cobb County pursuant to OCGA Section 50-18-70 for all criminal records on Ron. The Cobb Superior Court found the buried arrest warrant and non est investus and alerted the Probation Department and DA’s office. They were belatedly filed with the GCIC and NCIC and Cobb County sent the necessary paperwork out to Tuscon to have Ron arrested and extradited for his probation violation. (Obviously, if Miracle Whips had not filed his moronic counterclaim, causing CJP to hire his private eyes, none of this would have been discovered).
On April 6, 2018, Ron’s attorney filed an emergency motion to have his probation warrant dismissed and a rule nisi was issued setting a court date for April 12th in Cobb County. In Cobb County, emergency motions are heard by a Senior Judge (these are retired judges who work part time to help out the presiding judges with their caseloads). Ron’s attorney argued that, under the 2010 revision to the law, his probated sentence had expired and he should be released immediately. The reason why is that GA case law has repeatedly held that laws that effect substantive rights are only effective going forward. However, laws that address procedural matters such as court filings are applied retroactively. Under this argument, because the Tolling Order was never filed with the Superior Court it never took effect and Ron’s probation had already expired.
At this point, the solution to the case was inevitable. All Ron’s attorney wanted to do was get his client out of jail ASAP and was he willing to agree to anything that would accomplish that. There is no way the judge would have let Ron out of jail until he gave the ADA time to research the case law and file a responsive brief to the Emergency Motion. Who knows how long it would have taken for the Judge to issue a ruling.
From the ADA’s perspective, they knew Ron most likely had the winning argument and they didn’t want to have the citizens of Cobb County pay to house him while a final judicial determination was reached. So they reached the inevitable compromise: they signed a Consent Order immediately sentencing Ron to time served for the revocation and requiring him to pay $5,000 in restitution and $3,576 in extradition expenses. In return, Miracle Whips agreed that his probation wasn’t tolled after all and that he would still have 4 years, 5 months and 7 days of probation left to be served on his original sentence. The probation was then transferred to Arizona.
If Cobb County hadn’t screwed up 15 years ago Ron would be a guest of the great state of Georgia’s penal system. Mary Staley would have revoked him for a minimum of 2 years.
If you want to look on the bright side of things, Miracle Whips got to spend 34 days in jail and pay a minimum of fifteen grand (including attorney fees). Moreover, he now has a lot of probation to be served.
Remember, that CJP’s PIs discovered that the police have been called out to RB and JP’s house on an almost monthly basis. Show of hands: who thinks this crazed moron can go almost 4 and half years without screwing up again and getting part of his probation revoked?
In chronological order:
On June 4, 1998, Ron pleaded guilty to felony Theft by Taking and was sentenced to ten years probation. (Back during that time frame he also pleaded guilty to three other felonies but those sentences have expired and are no longer relevant). Ron had his probation revoked more than once, with the last time on August 2, 1999. Sometime in the first half of 2000, Ron permanently fled the jurisdiction and moved to Arizona. On June 1, 2000, the Georgia Department of Corrections issued an arrest warrant for Ron.
It wasn’t until October 17, 2003, that the Cobb County Sheriff’s Department signed the non est inventus form on the back of the arrest warrant (I have no idea what took them so long but this is Cobb Screwup #1). On October 27, 2003, Judge Mary Staley signed a Tolling Order based on the non est inventus. Here’s what that means in plain English. Non est investus means “he is not to be found.” This is the standard form a sheriff or probation officer files when a probationer has fled the jurisdiction. A Tolling Order stops the probation from running. Neither the non est inventus nor the Tolling Order were filed with the Superior Court (this is Cobb Screwup #2). Moreover, the June 1, 2000 arrest warrant was not filed with the GCIC or NCIC, meaning that it was not entered on either the state or federal database. (this is Cobb Screwup #3).
In 2010, the GA Legislature amended OCGA Section 42-8-36(a) and tightened up the requirements which must be met for a probated sentence to be tolled. Among those requirements was that the non est inventus and the Tolling Order must be filed with the Superior Court Clerk’s Office to be effective.
Flash forward to January 29, 2018, when, at the behest of his client CJP, Raymond Pacheco of Arizona Undercover Private Investigators made an Open Records request to Cobb County pursuant to OCGA Section 50-18-70 for all criminal records on Ron. The Cobb Superior Court found the buried arrest warrant and non est investus and alerted the Probation Department and DA’s office. They were belatedly filed with the GCIC and NCIC and Cobb County sent the necessary paperwork out to Tuscon to have Ron arrested and extradited for his probation violation. (Obviously, if Miracle Whips had not filed his moronic counterclaim, causing CJP to hire his private eyes, none of this would have been discovered).
On April 6, 2018, Ron’s attorney filed an emergency motion to have his probation warrant dismissed and a rule nisi was issued setting a court date for April 12th in Cobb County. In Cobb County, emergency motions are heard by a Senior Judge (these are retired judges who work part time to help out the presiding judges with their caseloads). Ron’s attorney argued that, under the 2010 revision to the law, his probated sentence had expired and he should be released immediately. The reason why is that GA case law has repeatedly held that laws that effect substantive rights are only effective going forward. However, laws that address procedural matters such as court filings are applied retroactively. Under this argument, because the Tolling Order was never filed with the Superior Court it never took effect and Ron’s probation had already expired.
At this point, the solution to the case was inevitable. All Ron’s attorney wanted to do was get his client out of jail ASAP and was he willing to agree to anything that would accomplish that. There is no way the judge would have let Ron out of jail until he gave the ADA time to research the case law and file a responsive brief to the Emergency Motion. Who knows how long it would have taken for the Judge to issue a ruling.
From the ADA’s perspective, they knew Ron most likely had the winning argument and they didn’t want to have the citizens of Cobb County pay to house him while a final judicial determination was reached. So they reached the inevitable compromise: they signed a Consent Order immediately sentencing Ron to time served for the revocation and requiring him to pay $5,000 in restitution and $3,576 in extradition expenses. In return, Miracle Whips agreed that his probation wasn’t tolled after all and that he would still have 4 years, 5 months and 7 days of probation left to be served on his original sentence. The probation was then transferred to Arizona.
If Cobb County hadn’t screwed up 15 years ago Ron would be a guest of the great state of Georgia’s penal system. Mary Staley would have revoked him for a minimum of 2 years.
If you want to look on the bright side of things, Miracle Whips got to spend 34 days in jail and pay a minimum of fifteen grand (including attorney fees). Moreover, he now has a lot of probation to be served.
Remember, that CJP’s PIs discovered that the police have been called out to RB and JP’s house on an almost monthly basis. Show of hands: who thinks this crazed moron can go almost 4 and half years without screwing up again and getting part of his probation revoked?
SoCal_GT_Fan
Jolly Good Fellow
- Messages
- 251
- Location
- Orange County
Thank you for taking your time to write this up in plain English so people like myself can get a better understanding of the case.
Greatly Appreciated!
AE 87
Helluva Engineer
- Messages
- 13,026
Thanks for this.
Just a note of further clarity: non est inventus means "he has not been found" so "he is not to be found" in that sense not in the sense of "don't look for him"