Why Adrian Peterson's attorney rarely loses

[JonLP24]

(cross-posted from GD)

Article is packed with information so I'll include some different things for this one. The article starts by pointing out his strength is talking to jurors.

<snip>

Prosecutors know what they will face if the case goes to trial. Hardin describes himself as "an incredible admirer of juries," which is almost an understatement. Before he entered private practice in 1991, he worked on the other side of the aisle as a Houston prosecutor. He did not lose a felony jury trial in more than 100 tries, including 14 death-penalty cases.

Sports in courts

Hardin says he has opted for a trial by judge instead of jury only twice in his career – once in a civil case years ago and once in a drunk-driving case involving Houston Rockets guard Steve Francis in 2002. Hardin won that case, too, which reaffirmed another trait for which he is famous – master of disaster for famous athletes.

<snip>

He says it started in 1993, when Rockets guard Vernon Maxwell stood accused of scuffling with police outside a nightclub. Hardin reached a deal to have Maxwell's record cleared in exchange for 20 hours of community service and a $500 fine.

<snip>

A reputation soon formed. In 1996, Hardin won an acquittal for former Houston Oilers quarterback Warren Moon, who was accused of spousal abuse. Hardin argued that it was a private family matter didn't belong in court. "This is a love story, folks. Not an assault," he said then.

http://www.azcentral.com/story/sports/nfl/2014/11/03/adrian-peterson-felony-child-abuse-charge-rusty-hardin/18424029/

[rocktivity]

1. They said during Monday night football

that a plea deal may be in the works. But that doesn't necessarily mean that he's the one who's confident...


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[JonLP24]

2. Early reports seem to indicate

the charge reduced to a misdemeanor w/ likely probation.

Not sure how it impacts his ability to return to the field but with a trial date scheduled for December 1st, he probably wants to get this settled as Minnesota would probably wait on it.

Article in OP points out a plea bargain would avoid the presentation of the abuse in a courtroom and for the prosecution it stated it would be favorable for them if they want to avoid his attorney putting on a show in front of the jury.

[rocktivity]

3. This is not a crime that can be dumped off on a fellow consenting adult.

Last edited Thu Feb 22, 2018, 09:45 PM - Edit history (8)

It's one thing to go into court and say, "They've kissed and made up, so it's not a crime anymore" or "Do you seriously mean to take the word of a slut?" Even if Peterson WERE being charged with INTENDING to feloniously injure a 4-year old -- which he isn't -- he feloniously injured a 4-year old.

I would consider it a victory for the prosecution if the defense were to agree to a misdemeanor and probation. Throw in the fact that Hardin felt the need to give this interview, and I rest my case!


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[JonLP24]

4. I don't disagree with any of that

Last edited Tue Nov 4, 2014, 07:54 AM - Edit history (1)

When I agreed to a plea deal for the 1 gram possession of marijuana a class 1 misdemeanor went on my record even though any amount, even a seed is a class 6 felony in Arizona so even with the misdemeanor conviction, I still committed a class 6 felony.

Peterson already lost this case in the court of public opinion that also has to be concerned with image PR so they can claim victory all the want. My post was to point to benefits and what they would like to avoid based on facts presented, I also theorized Peterson may have an added motivation to resolve quickly so he can't get to the "when can I play again?" step when Minnesota would probably just keep him on the "exempt list" until to conclusion of a possible trial though I came across rumors in my search of plea deal reports so Vikings could be trying to shop him around.

The difference between a felony & misdemeanor is huge which was a factor in my agreement to mine though Peterson may not have to deal with the lifetime difficulty finding employment, housing, & government assistance a felony conviction would have considering how much money he probably has in the bank. Still, avoiding a felony on record is a bonus if plea agreement is favorable for Peterson in avoiding the ugly details being presented in trial and everything that comes with it & a resolve quickly to seeing a sooner return to the field mindset.

on edit - In addition to pros & cons for Peterson -- there is a could chance lose at trial despite his attorney's skills at appealing to red county folks so there is that which would weigh into the decision to accept a plea deal.

Prosecution is harder to say because there is so much we don't know. Does the prosecutor typically plea again for this charge on first offenders. If not, then you could raise serious questions about their confidence in likely attaining a conviction though in this case it is straight forward. If you made your decision as a juror based on what the letter of the law said and the evidence presented and only that, you'd convict. If the defense attorney is as good to talking to jurors as suggested and he works in red counties and speaks their language (the 14 victories on death penalty cases scares the hell out of me, I really hope all were truly guilty and not a case of convincing Republican voters to send someone to death because he appealed to their values). A plea bargain also counts as a win on their stat sheet and avoids the costs & time of a trial.

Another aspect of plea bargaining that may or may not be a part of this case is these attorneys have to face off a lot so there is usually an interest in maintaining a working relationship to make future plea agreements possible in interest of having the ability to give their clients the best deal available and there may be a little of do me a solid on this one and I'll work with you on the next one type of thing. I noticed my fine was well over twice typically given to other first time offenders for same charge which I paid attention to when the judge asked if he simply reprinted the plea agreement with same everything but change as the name as was typically done where he told the judge no and it was terms him & the prosecutor agreed to. (Long story, I had a decent shot of beating it because it was a very iffy "terry stop" but so many factors played into me going a long with it, mainly not having the same original public defender)

If any side wants to feel like they "won", I couldn't care less. There are advantages & disadvantages for either side in going a long with this -- the whole plea bargaining reminds me of and is an example of game theory and bargaining theory in economics, best used to describe collective bargaining. How much bargaining power each side feels they have, how much they actually have, and what they agree to and the estimating how much power the other side has. If it was a case where they felt they didn't have that much power but came out with the deal within the bargaining power they felt they had then it certainly is a victory in that context. You may have a prosecutor with a less than 50% of winning the case but bluff the defense attorney or defendant underestimating their true bargaining power and agree to it. Prosecutors also have the advantage of offering a deal in a take-it-or-leave-it (often the terms of a plea deal include language that if you reject it won't be offered again) approach with much higher stakes and fear of more severe consequences in favor of something not so bad like a misdemeanor or probation.

[rocktivity]

5. DING DING DING! JonLP24, you're our grand prize winner!

...There is a...chance (Hardin could) lose at trial despite his attorney's skills...(T)hat...would weigh into the decision to accept a plea deal...

Hardin: "Rather than take you to court and whup you with my attorney skills the way my client whupped his kid, I'm going to be merciful, magnanimous, and generous enough to do you a BIG favor and allow you to offer me a plea deal!"


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[TBF]

6. Peterson will plead no contest to misdemeanor

Personally I find this disgusting - but it looks like he's getting away with it.


Peterson will plead no contest to misdemeanor
Posted by Mike Florio on November 4, 2014, 10:53 AM EST
Peterson Getty Images

With fewer than four weeks until the start of his trial on felony child-abuse charges, Vikings running back Adrian Peterson will reach an agreement today to resolve the case.

Per a source with knowledge of the situation, Peterson will plead no contest to one count of misdemeanor reckless assault. The plea will not include reference to family violence or violence against a minor.

If the agreement is accepted by Judge Kelly Case, Peterson will pay a $2,000 fine, be placed on probation, and perform 80 hours of community service. Technically, the adjudication of the case will be deferred for two years ...

http://profootballtalk.nbcsports.com/2014/11/04/peterson-will-plead-no-contest/?cid=yahoo

[rocktivity]

7. That's so light the judge might reject it

The fine alone should be at least five times that much.


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[joeybee12]

8. That's ridiculously light...also the community service...

Which I'm sure the weasel will get out of somehow, like pay someone to do it for him, and everyone looks the other way.

[rocktivity]

9. It's so ridiculously light

I have to wonder if the "source" is a Hardin employee!


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[joeybee12]

10. I'd be surprised if it wasn't...nt

[rocktivity]

11. Texas Misdemeanor Penalties

Class A: Not more than 1 year in a county jail and/or a fine of not more than $4,000
§ 12.21. Example: Assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another.

Class B: Not more than 180 days in a county jail and/or a fine of not more than $2,000
Example: Terroristic Threat occurs when a person threatens to commit any offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury

Class C: A fine of not more than $500
Example: Assault occurs when a person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(link)


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[rocktivity]

12. Per terms of the agreement between Peterson and the prosecution

Last edited Mon Feb 16, 2015, 06:24 PM - Edit history (1)

the plea makes no reference to family violence or violence against a minor. Peterson must pay a $4,000 fine, will be placed on probation and will be ordered to perform 80 hours of community service.

Peterson was indicted by a grand jury in Texas in September on felony charges of reckless or negligent injury to a child after authorities said he hit his 4-year-old son with a switch. He faced up to two years in prison and a $10,000 fine if convicted of the charges... link

The original deal reportedly carried a $2,000 fine, which suggests that the judge raised the charge from a Class B to a Class A misdemeanor. There's some victory in that.


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[JonLP24]

13. On the topic of bargaining

It seems the prosecutor had a low estimate of his bargaining power and/or high estimate of the defendant's, probably an overestimate considering the judge felt it was too light (you always gotta figure judges as well as prosecutors have career ambitions so they like to look tough especially in high profile cases like this).

What would be interesting is to see similar cases for other first time offenders handled by the same prosecutor to see if this kind of deal is typical.