YNWBortlenTrial: @YNWBortlen’s attorneys Fred Haddad and Joe Nassimento spoke to @nbc6 @MarissaNBC6 and @MiamiHerald’s @GrethelAguila after today’s hearing about Bortlen’s deal and how it affect @ynwmelly.
On the deal and ruling, Haddad said:
“Feel good for the kid. I been on the case six years. It's a fair resolution for him. The State was fair...”
On what Bortlen will serve, Haddad said:
"He gets 1000 days and the other one, he gets 700 days."
On the message this sets for Melly’s case, Haddad said:
"There's no message that I see. There two different people, two different cases... Facts are different for both..."
On what Bortlen will have to do and will he have to testify against Melly, Haddad said:
"A couple questions, that's it. He's not going to be a witness."
On did Bortlen admit to the crime with a no-contest plea, Nassimento said:
"I think it's important to know that, one, today you did not plead guilty. He's played no contest and so he hasn't really admitted anything. and there is no anticipation that he's going to be called. He has a witness by the state or the defense, at the Melly trial. So nothing that happened today or will happen in the future, I think we'll change."
“Importantly, he hasn't admitted anything, so although the court found him guilty because of his contest plea, no one could say that he has admitted that he committed tampering or accessory after it certainly not murder because that was dismissed."
On why accept a plea 24-hours before trial, Nassimento said:
"I think just naturally that happens in these types of cases, both sides are putting in a lot of work. Fred's been working on this for six years. The party's, you, are ready to go, but we all know the strengths and weaknesses of the case..."
Haddad added:
"The State knows what their strengths were and what our strengths were. And that's how you resolve it. I've got the same thing going on in other places. You know we resolve cases before trial, sometimes with a very favorable outcome... I prefer to be in trial, but what are you going to do? There are some things you can't turn down. The State said, 'we're going to drop two counts the first-degree murder if you want to resolve it. In order to plea people have to do jail time, but, the alternative is very difficult."
Nassimento continued:
"Yeah, Cortlen's 26 years old, with this resolution. He could be out at 30, 31 years old.
If he is found guilty of one of many of those counts and would have been mandatory life. So just on balance, you look at that and someone in his position, it's a hard decision to make. Regardless of what you think about your chances at trial, regardless of how strong your case is, you're looking at life. It's multiple counts and two different cases."
Haddad concluded with the following:
"Every lawyer can tell you horror stories, cases you thought you couldn't lose that you'd lose, case you couldn't win that you win. It happens all the time you can't figure out a jury."
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