Ed and Elaine Brown fan arrested trying to blow up gas line

[Burnaby49]

The Observer wrote:

Perhaps because he will received credit for time served against his inevitable sentence

Exactly what used to happen here in Canada until a few years ago. Criminals held in pre-trial custody were awarded double-time on the amount of time they were held prior to sentencing. So if a guilty conviction was a foregone conclusion criminals would clog up the courts with motions, fake medical emergencies, protracted hearings, requests for adjournment, etc to draw out the pre-sentencing process as much as possible. With accumulated double-time, statutory time off for good behavior, and early parole rights the nominal sentence handed out by the court was a joke. In some cases the accused would be convicted, sentenced to incarceration, then immediately released because the double-time had exceeded the imposed sentence. Finally got rid of this in 2010. It never made any sense to me at all.

[Arthur Rubin]

The Observer wrote:

Perhaps because he will received credit for time served against his inevitable sentence

Exactly what used to happen here in Canada until a few years ago. Criminals held in pre-trial custody were awarded double-time on the amount of time they were held prior to sentencing.

Hmmm. double-time does seem to have had unintended consequences. It seems to me to be difficult to "game" single-time except in regard incarceration as punishment vs. as protection of society. He's wouldn't have any less time behind bars by delaying conviction or sentencing.

[wserra]

As a matter of fact, for many federal defendants there is a disincentive to screw around pretrial. Every detention facility (as opposed to a facility for sentenced prisoners) is a max. Following sentence, most federal prisoners are designated to a place that is easier to spend time than it was while in detention.

Of course, Chi may be different.

[notorial dissent]

Just my impressions from some things I have read, and interpolated for myself, but I think our boy is working his way up to house plant status, and by the time they finally get around to him, he may well be at warehouse status without any additional help. I question just how really aware he is of what is going on around him at this point.

[Burnaby49]

This is the kind of sentencing situation we get in Canada. A chronic and particularly violent wife beater who almost killed her in the last attack and was convicted of attempted murder. He was sentenced to 12 years but in Canada criminal sentences are pure fiction. Criminals normally get out after serving one third of their sentence. Because of the heinous nature of his offense and the likelihood of rehabilitation (none) the judge went way out on a limb and is requiring him to serve at least half. He'll be out in six and out looking for his wife again.

She was left unconscious on the floor in a pool of blood and suffered skull fractures and severe lacerations from the attack. The three children were asleep at the time of the attack. In imposing sentence on Vukaj on Friday, B.C. Supreme Court Madam Justice Susan Griffin noted that there was nothing to indicate why he attacked his wife and few mitigating circumstances.

The couple, who are from Albania, had an arranged marriage when she was only 13 years old and he was 32. He sponsored her to come to Canada in 2000 and the physical assaults on her began from the first day of her arrival. The judge said the victim was particularly vulnerable since she was so dependant on her husband and he was in a special position of trust. “He seriously abused that special position of trust,” she said.

Griffin noted that Vukaj was at a high risk for future criminality, specifically spousal violence and has shown no remorse for his crimes. The judge ordered that due to the need to denounce and deter the crime, Vukaj will have to serve at least half his sentence before he can apply for parole.

http://www.theprovince.com/news/arrange ... story.html

[Demosthenes]

Finally, the superceding indictment with the big charges has been filed. The earlier charges were enough to have him held during the investigation.

http://crimeblog.dallasnews.com/2013/02 ... ment.html/

[Famspear]

The Court has ruled that Anson Chi is competent to stand trial.

See:

http://www.wfaa.com/news/local/anson-ch ... 78541.html

and

http://www.nbcdfw.com/news/local/Plano- ... 87071.html

[Famspear]

The court called 4:12cr155 Anson Chi. Andrew Stover for the Govt. Brook Busbee and Sminu Peter for the Def. The court reviews the case. The Defendant was found in the competency report to be competent to stand trial. The Defense does not wish to contest the report. The Government does not wish to contest the report. The court finds the Defendant competent to stand trial.

By motion of the Defendant, case continued for final pretrial conference to 5/1/13 at 9:00 a.m.

--See document at entry 32, March 4, 2013, United States v. Anson Chi, case no. 4:12-cr-00155-RAS-DDB-1, U.S. District Court for the Eastern District of Texas (Sherman Div.).

[Famspear]

Pretrial conference held May 1st, but not much to report, I guess. Conference has been continued to June 3, 2013.

[Demosthenes]

Chi pled guilty and is looking at 22 years.

http://blogs.dallasobserver.com/unfairp ... to_try.php

[Famspear]

Anson Chi is still awaiting sentencing.

Meanwhile, on December 12, 2013, he filed a Chapter 7 bankruptcy petition. See case no. 13-42942, U.S. Bankruptcy Court for the Eastern District of Texas (Sherman Div.).

He lists literally zero assets, which of course is probably technically incorrect. Even if his few personal assets are exempt and have zero value, he should disclose them in some way, even if only in a brief description.

He lists liabilities of $95,295, including $10,000 owed to the Internal Revenue Service (not disclosed is what tax year or years this is for) and $9,595 owed to Sallie Mae.

His petition documents include the following statement:

I am an indigent, segregation inmate (federal pre-trial detainee) of the Collin County Detention Facility under 23-hour lockdown in an isolation cell with no access to any outside material and with no money to even make a phone call. I desperately wish to receive a briefing from a credit counseling agency but do not know how while I'm in jail. Please advise so I can fulfill this requirement.

[grixit]

If he's awaiting sentencing, he's a post trial detainee, not pre.

[The Observer]

If he's awaiting sentencing, he's a post trial detainee, not pre.

Forget it, he's rolling.

[Famspear]

If he's awaiting sentencing, he's a post trial detainee, not pre.

Forget it, he's rolling.

Actually, he pleaded guilty, and there was no trial.

[Famspear]

On February 10, 2014, Anson Chi filed a hand written motion, pro se, to withdraw his guilty plea. In the motion, he says that he had been trying to get his attorneys to do this for him, but could get no response from his attorneys.

A hearing on the motion is set for February 26, 2014.

EDIT: Meanwhile, in Chi's bankruptcy case, an order of dismissal was entered on December 27, 2013. That order was vacated on January 6, 2014. A second order of dismissal was entered on January 28, 2014. The case was dismissed because of Chi's failure to file certain documents under 11 U.S.C. section 521(a)(1):

(a) The debtor shall—

(1) file—

(A) a list of creditors; and

(B) unless the court orders otherwise—

(i) a schedule of assets and liabilities;

(ii) a schedule of current income and current expenditures;

(iii) a statement of the debtor’s financial affairs and, if section 342(b) applies, a certificate—

(I) of an attorney whose name is indicated on the petition as the attorney for the debtor, or a bankruptcy petition preparer signing the petition under section 110(b)(1), indicating that such attorney or the bankruptcy petition preparer delivered to the debtor the notice required by section 342(b); or

(II) if no attorney is so indicated, and no bankruptcy petition preparer signed the petition, of the debtor that such notice was received and read by the debtor;

(iv) copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor;

(v) a statement of the amount of monthly net income, itemized to show how the amount is calculated; and

(vi) a statement disclosing any reasonably anticipated increase in income or expenditures over the 12-month period following the date of the filing of the petition...

Gee, I can't imagine why Anson Chi didn't have all that stuff stashed under his bunk in his jail cell......

[Demosthenes]

Anson Chi withdraws plea.

http://www.dallasnews.com/news/crime/he ... ck_check=1

U.S. District Judge Richard Schell said he was granting the handwritten motion by Anson Chi based solely on a technicality. One of Chi’s arguments was that he was not informed during the plea agreement hearing of the minimum sentence on one of the charges.

Schell said Wednesday he checked the transcript and discovered that he had advised Chi at that time that the range of punishment would not exceed 20 years. But the judge did not mention the minimum five-year penalty on that count as required by law.

[Demosthenes]

Exhibit I of this filing is quite a fascinating read.

http://www.cheatingfrenzy.com/chi_torture_complaint.pdf

[Pottapaug1938]

Well, I'll give him points for at least having legible handwriting. Beyond that, the complaint, read without any consideration of the other facts of his case, makes it sound as if the incident centered around a situation where Chi was in full batsh*t-crazy mode and was having a screaming, raving emotional meltdown, with the defendants trying only to bring him under control.

You lose, Aaron.

[Burnaby49]

Talk about bumbling incompetents. An entire police force and the nursing and medical staff at a hospital, all working together, tried to kill Anson by overdosing him on lethal drugs while he was unconscious. And they failed. That's just pathetic.

[Famspear]

Talk about bumbling incompetents. An entire police force and the nursing and medical staff at a hospital, all working together, tried to kill Anson by overdosing him on lethal drugs while he was unconscious. And they failed. That's just pathetic.

Ah, but perhaps Anson Chi will respond with the "Glenn Richard Unger" assertion: that he actually is "deceased." If Chi can just convince the Court that he's dead, maybe a judge or jury somewhere will buy his argument that the police force, nursing staff and doctors actually did kill him.

It will all work out in the end.....