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Author Topic: How much impact will the two victims bring to the judge's ruling in September?  (Read 15379 times)

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Adam

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My understanding is that both victims are currently in the process of working on "Victim Impact Statements." That have to be submitted to the judge before the first of September.

Both victims will also be given the opportunity to speak directly to Tommy and the judge at the Sentencing hearing in September.

Wonder how much this will play in impacting Judge Bellows ruling?


As many of you know the judge will rule on whether to accept or reject the plea deal.

If the judge rejects it Tommy Shelton has two options:

1. Withdraw the plea deal, and be seen by a different judge where he can either:

a. offer the same plea deal to them.

b. Negotiate another plea deal with the Prosecution

c. Go to trial.

OR

2. He can accept judge Bellows sentencing that could include Prison time.

If the judge accepts the plea deal.

1. Tommy will have to register as a sex offender and face NO jail time. But will be placed on probation for a length determined by the court.

It should be interesting how this plays in determining the judges ruling.
« Last Edit: July 30, 2010, 05:05:37 AM by Adam »
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Johann

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Not knowing the mind of the judge nor the contents of those reports it is diffucult to predict.
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mrst53

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Will the judge have access to any of the history of the accusations of pedophilia against Tommy that were dropped? Is there any written record of these?
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Adam

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Will the judge have access to any of the history of the accusations of pedophilia against Tommy that were dropped? Is there any written record of these?

As far as the "Victim Impact Statements" it clearly states there cannot be any facts besides those of the current case. So, no the judge will not have access to those.

However, at sentencing itself, the victims will have the opportunity to SAY anything they want. At that point, Tommy is in the hot seat. And if the victims decide to bring up EVERY single allegation, they are free to do so.
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Pat Williams

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Will the judge have access to any of the history of the accusations of pedophilia against Tommy that were dropped? Is there any written record of these?

Adam raises a good question, but just to clarify..

There are no "accusations of pedophilia against Tommy that were dropped" so, no, there is no written record of such.

The only complaint before now which was ever reported was in 1985, and after the police investigated  no charges were ever filed.

Other than than that, and the current case, no statements, and no reports have ever been filed.
« Last Edit: July 30, 2010, 01:12:17 PM by Pat Williams »
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Adam

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Will the judge have access to any of the history of the accusations of pedophilia against Tommy that were dropped? Is there any written record of these?

Adam raises a good question, but just to clarify..

There are no "accusations of pedophilia against Tommy that were dropped" so, no, there is no written record of such.

The only complaint before now which was ever reported was in 1985, and after the police investigated  no charges were ever filed.

Other than than that, and the current case, no statements, and no reports have ever been filed.

You are correct, to my knowledge there isn't any either. However, if she is asking if the fact that other people have came forward as victims , as I said these cannot be added to the Victim Impact statement. But the victims can state whatever they wish at sentencing itself when they take the stand.

The Victim impact statement is a technicality it is part of the pre-sentence report that is submitted to the judge before the sentencing hearing.
« Last Edit: July 30, 2010, 01:27:45 PM by Adam »
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Pat Williams

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Will the judge have access to any of the history of the accusations of pedophilia against Tommy that were dropped? Is there any written record of these?

Adam raises a good question, but just to clarify..

There are no "accusations of pedophilia against Tommy that were dropped" so, no, there is no written record of such.

The only complaint before now which was ever reported was in 1985, and after the police investigated  no charges were ever filed.

Other than than that, and the current case, no statements, and no reports have ever been filed.

You are correct, to my knowledge there isn't any either. However, if she is asking if the fact that other people have came forward as victims , as I said these cannot be added to the Victim Impact statement. But the victims can state whatever they wish at sentencing itself when they take the stand.

The Victim impact statement is a technicality it is part of the pre-sentence report that is submitted to the judge before the sentencing hearing.

Let's try and be realistic. "Victims coming forward" does not equal so and so claiming on the internet,via email or via gossip, that so and so said this or that to them...

I don't know if the victims can say such or not in their statments, but I do know a Judge won't give unsubstantiated hear say the time of day and to think that it will effect him is a pipe dream.

IOW, they need to speak about themselves and not think that courtroom is like adventtalk. (no matter what Bob tells you.)
« Last Edit: July 30, 2010, 01:49:32 PM by Pat Williams »
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Adam

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Pat Williams stated:

Let's try and be realistic. "Victims coming forward" does not equal so and so claiming on the internet,via email or via gossip, that so and so said this or that to them...

I don't agree with calling a victim's coming forward gossip.


Second I disagree with this too.

I do know a Judge won't give unsubstantiated hear say the time of day and to think that it will effect him is a pipe dream.

I believe the Judge will in fact take into consideration the many victims in Illinois. It is ture these facts could not be brought up at a trial.  However if one of the two victims want to take the stand, and tell the judge about Tommy's past that is their right. They can feel free to do so without the defense objecting. That is their time to speak.

Now, to be fair, and I'm sure we will all agree what is going to happen at the sentencing hearing. In all reality both sides are going to be working together to persuade the judge not to reject this agreement. The defense will use things such as health, age, etc. Prosecution will use, victims reliving the events that occured, evidence, etc.
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ex3abnemployee

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Will the judge have access to any of the history of the accusations of pedophilia against Tommy that were dropped? Is there any written record of these?

Adam raises a good question, but just to clarify..

There are no "accusations of pedophilia against Tommy that were dropped" so, no, there is no written record of such.

The only complaint before now which was ever reported was in 1985, and after the police investigated  no charges were ever filed.

Other than than that, and the current case, no statements, and no reports have ever been filed.
You're lying again.
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Duane Clem
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Adam

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Will the judge have access to any of the history of the accusations of pedophilia against Tommy that were dropped? Is there any written record of these?

Adam raises a good question, but just to clarify..

There are no "accusations of pedophilia against Tommy that were dropped" so, no, there is no written record of such.

The only complaint before now which was ever reported was in 1985, and after the police investigated  no charges were ever filed.

Other than than that, and the current case, no statements, and no reports have ever been filed.

You are correct, to my knowledge there isn't any either. However, if she is asking if the fact that other people have came forward as victims , as I said these cannot be added to the Victim Impact statement. But the victims can state whatever they wish at sentencing itself when they take the stand.

The Victim impact statement is a technicality it is part of the pre-sentence report that is submitted to the judge before the sentencing hearing.

Let's try and be realistic. "Victims coming forward" does not equal so and so claiming on the internet,via email or via gossip, that so and so said this or that to them...

I don't know if the victims can say such or not in their statments, but I do know a Judge won't give unsubstantiated hear say the time of day and to think that it will effect him is a pipe dream.

IOW, they need to speak about themselves and not think that courtroom is like adventtalk. (no matter what Bob tells you.)

Pat- I have never once spoken to Bob. Thank you.
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mrst53

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Let's back up again- I am asking : will the judge have access to the 1985 "complaint" that was investigated and dropped. Was this an accusation of pedophilia?
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Adam

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Let's back up again- I am asking : will the judge have access to the 1985 "complaint" that was investigated and dropped. Was this an accusation of pedophilia?

Only if the victims bring it up, during their testimony.  Other than that No.
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ex3abnemployee

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Let's back up again- I am asking : will the judge have access to the 1985 "complaint" that was investigated and dropped. Was this an accusation of pedophilia?
Yes, and there were numerous other allegations.
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Duane Clem
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tinka

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One thing to the victims that they should remember, Do not let wrong emotions enter that provide sympathy at any point for TS. It is now beyond that and a very senitive person will sometimes fall to it. Do not let that happen now that it is time for your long awaited closure. You will regret it later and be strong at that moment. Only think of the damage you felt and others that came under his power. You must think that the fire must be put out and now! I hope you all are strong at this point as you finally were brave enough to come forward.
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Alex L. Walker

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Mrst: The only things that can be brought up are the events that happened in Virginia. That is it.
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Alex L. Walker
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