DOJ-OGR-00000369.jpg
697 KB
Extraction Summary
6
People
3
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
697 KB
Summary
This document is a transcript from a SORA (Sex Offender Registration Act) hearing on July 15, 2019. The dialogue is between Ms. Gaffney and the Court, discussing whether the lack of an indictment by the prosecutor's office constitutes strong evidence that an offense did not occur. The Court expresses surprise at the prosecutor's actions and a 'Level Three' finding by a risk assessment board, finding the situation unprecedented.
People (6)
| Name | Role | Context |
|---|---|---|
| MS. GAFFNEY |
A speaker in the SORA hearing, likely an attorney, arguing about evidence and indictment.
|
|
| THE COURT | Judge |
A speaker in the SORA hearing, questioning Ms. Gaffney and expressing surprise at the case's circumstances.
|
| Vikki J. Benkel | Senior Court Reporter |
Listed at the bottom of the page as the court reporter who transcribed the hearing.
|
| defendant | Defendant |
Mentioned as having plead to an offense involving one victim.
|
| offender | Offender |
Mentioned in the context of board guidelines regarding an offender not being indicted for an offense.
|
| marine | Marine |
Mentioned by the Court in reference to a previous case.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| prosecutor's office | government agency |
Mentioned as the entity that did not indict on certain offenses and did not go forward on a case.
|
| the board | government agency |
An entity with guidelines for risk assessment that found a 'Level Three' in this case.
|
| police | government agency |
Mentioned as the agency the victims spoke to early on.
|
Timeline (1 events)
2019-07-15
A court hearing where Ms. Gaffney and the Court discuss the implications of a prosecutor's office not indicting an offender on certain offenses.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Mentioned by the Court in an anecdote about a previous case involving a marine.
|
Relationships (1)
They are engaged in a formal dialogue during a court hearing, with Ms. Gaffney presenting arguments and the Court asking questions and offering commentary.
Key Quotes (3)
"Do you find that if somebody is not indicted it is strong evidence that it did not occur?"Source
— THE COURT
(Questioning Ms. Gaffney's interpretation of the board guidelines regarding non-indicted offenses.)
DOJ-OGR-00000369.jpg
Quote #1
"I don't know that we can rely on it as clear and convincing evidence if the prosecutor's office never went forward on it."Source
— MS. GAFFNEY
(Responding to the Court's question about the evidentiary weight of a non-indictment.)
DOJ-OGR-00000369.jpg
Quote #2
"But the board found a Level Three. I have to tell you, I am a little overwhelmed because I have never seen the prosecutor's office do anything like this."Source
— THE COURT
(Expressing surprise and confusion over the board's finding in light of the prosecutor's unusual actions.)
DOJ-OGR-00000369.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,585 characters)
Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 4 of 18
SORA HEARING
page 3
page 3
1 one victim and that is what the defendant plead to.
2 So it is unlike a situation where everything was
3 indicted and then we get to sort of assess points for all of
4 the victims, if it was part of a plea bargain. They did not
5 actually choose to go forward on any except for the one
6 victim.
7 So under the board guidelines, the risk assessment
8 interim guidelines, it actually says, you know, by way of
9 contrast if an offender is not indicted for an offense, it
10 is strong evidence that the offense did not occur and I
11 don't think --
12 THE COURT: Do you find that if somebody is not
13 indicted it is strong evidence that it did not occur?
14 MS. GAFFNEY: I don't know that we can rely on it
15 as clear and convincing evidence if the prosecutor's office
16 never went forward on it. The prosecution said that the
17 victims, although they spoke to the police early on, did not
18 cooperate with them. So we don't have any follow up
19 information.
20 THE COURT: But the board found a Level Three.
21 I have to tell you, I am a little overwhelmed
22 because I have never seen the prosecutor's office do
23 anything like this. I have never seen it. I had a case
24 with one instance it was a marine who went to a bar, and I
25 wish I had the case before me, but he went to a bar and a 17
2 So it is unlike a situation where everything was
3 indicted and then we get to sort of assess points for all of
4 the victims, if it was part of a plea bargain. They did not
5 actually choose to go forward on any except for the one
6 victim.
7 So under the board guidelines, the risk assessment
8 interim guidelines, it actually says, you know, by way of
9 contrast if an offender is not indicted for an offense, it
10 is strong evidence that the offense did not occur and I
11 don't think --
12 THE COURT: Do you find that if somebody is not
13 indicted it is strong evidence that it did not occur?
14 MS. GAFFNEY: I don't know that we can rely on it
15 as clear and convincing evidence if the prosecutor's office
16 never went forward on it. The prosecution said that the
17 victims, although they spoke to the police early on, did not
18 cooperate with them. So we don't have any follow up
19 information.
20 THE COURT: But the board found a Level Three.
21 I have to tell you, I am a little overwhelmed
22 because I have never seen the prosecutor's office do
23 anything like this. I have never seen it. I had a case
24 with one instance it was a marine who went to a bar, and I
25 wish I had the case before me, but he went to a bar and a 17
-
Vikki J. Benkel
Senior Court Reporter
Vikki J. Benkel
Senior Court Reporter
DOJ-OGR-00000369
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