March 10, 200917 yr They are going in front of the judge today to ask for a more lenient sentence based on the fact that she was abused. I dont know the particulars but heard instead of getting 10-20 and having to serve 85% of that sentence she could get 10 yrs and only have to serve 25% before parole. They would give her credit for almost two years already served which means she would be eligible for parole late this year in December. Wow !!! I am sure this wont sit well with Bob's side of the family if they grant it. Either way she has to be happy with not getting 20 with an L.
March 10, 200917 yr As gryche said, B felony is 10-20 years. Normally served under the 85% rule, which means she would have to serve 85% of her sentence before she would be eligible for parole. However, THIS is the portion of the trial when the doemstic violenece witnesses may and should come out. If the Court finds that she was the victim of domestic violence, then she might not necessarily be subject to the 85% rule, and she also would be eligible for probation, shock probation, and/or conditional discharge of her sentence. Depending upon the jury's sentence and the court's finding on domestic violence, she could be released, well, today.
March 10, 200917 yr They are going in front of the judge today to ask for a more lenient sentence based on the fact that she was abused. I dont know the particulars but heard instead of getting 10-20 and having to serve 85% of that sentence she could get 10 yrs and only have to serve 25% before parole. They would give her credit for almost two years already served which means she would be eligible for parole late this year in December. Wow !!! I am sure this wont sit well with Bob's side of the family if they grant it. Either way she has to be happy with not getting 20 with an L.According to the paper this morning, first degree manslaughter requires the convict to serve at least 85% of their sentence. But if the judge allows the domestic violence stipulation, she would only have to serve 20%. Hopefully, this will not happen and she'll serve at least 17 years.
March 10, 200917 yr Depending upon the jury's sentence and the court's finding on domestic violence, she could be released, well, today.That would make a joke of the justice system. :irked:
March 10, 200917 yr Let me state that I'm only stating an opinion. I have ZERO facts to back up my belief. Bob McCafferty beat his wife and did it more than once. The jury basically admitted that they believed that as well. Did he deserve to die for it? No. Jail would have been a better place for him. I haver zero use for "men" who beat their wife. As Chris Rock says "it ain't right but I understand."
March 10, 200917 yr Let me state that I'm only stating an opinion. I have ZERO facts to back up my belief. Bob McCafferty beat his wife and did it more than once. The jury basically admitted that they believed that as well. Did he deserve to die for it? No. Jail would have been a better place for him. I haver zero use for "men" who beat their wife. You are right, there are zero facts to back that up.
March 10, 200917 yr You are right, there are zero facts to back that up. What constitutes a fact? There are no police reports as we know. That would be a fact. The morning of the homicide, she went to the hospital with bruising, that could be construed as a fact. If they have witnesses come before the court during sentencing to verify that she was abused, those could be opinion, or they could be fact. However, to speak in absolutes is dangerous.
March 10, 200917 yr Author What constitutes a fact? There are no police reports as we know. That would be a fact. The morning of the homicide, she went to the hospital with bruising, that could be construed as a fact. If they have witnesses come before the court during sentencing to verify that she was abused, those could be opinion, or they could be fact. However, to speak in absolutes is dangerous.:thumb:
March 10, 200917 yr In a case like this, gender could mean quite a bit. That's a shame! In our legal system it should not matter. The decision should be based upon the review of the facts.
March 10, 200917 yr Apparently I've been living under a rock because I have never heard of this trial. If somebody could post a link it would be much appreciated. http://news.cincinnati.com/article/20090310/NEWS0107/303100006/1055/NEWS
March 10, 200917 yr (From WLWT.Com) Cheryl McCafferty could spend as many as 16 years or as few as 2 years in prison for killing her husband. In a deal reached Tuesday, McCafferty was sentenced to 18 years in prison. She must serve 20 percent of that sentence before being eligible for parole, a little over 3.5 years. But McCafferty has been in jail awaiting trial for almost two years, which will count toward her sentence.
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