AJ court minute yesterday.

[Pokewood]

11-16-2022

TEXT

JUDGE THOMAS: SP / THIS MATTER COMES ON FOR PRELIMINARY HEARING. THE DEFENDANT APPEARS IN PERSON AND WITH ATTORNEY, DEREK CHANCE. THE STATE APPEARS BY ATTORNEY, ERICA GARUCCIO. WITNESSES SWORN AND TESTIFY. THE COURT OVERRULES THE DEFENDANT'S DEMURRER. THE COURT FINDS THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT A CRIME WAS COMMITTED AND THAT THE DEFENDANT COMMITTED THAT CRIME. THE COURT BINDS THE DEFENDANT OVER FOR TRIAL COURT ARRAIGNMENT DECEMBER 6, 2022 AT 1:30 P.M.

 

[Pokewood]

11-16-2022

TEXT

JUDGE THOMAS: SP / THIS MATTER COMES ON FOR PRELIMINARY HEARING. THE DEFENDANT APPEARS IN PERSON AND WITH ATTORNEY, DEREK CHANCE. THE STATE APPEARS BY ATTORNEY, ERICA GARUCCIO. WITNESSES SWORN AND TESTIFY. THE COURT OVERRULES THE DEFENDANT'S DEMURRER. THE COURT FINDS THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT A CRIME WAS COMMITTED AND THAT THE DEFENDANT COMMITTED THAT CRIME. THE COURT BINDS THE DEFENDANT OVER FOR TRIAL COURT ARRAIGNMENT DECEMBER 6, 2022 AT 1:30 P.M.

Those who know what they are talking about can please explain Demurrer.

 

[CowboyUp61]

Those who know what they are talking about can please explain Demurrer.

"A demurrer challenges a complaint by asserting that the complaint at issue should be dismissed because it fails to state sufficient facts to constitute a cause of action."

A claim that the prosecution doesn't have enough evidence.

 

[chasepollard]

"A demurrer challenges a complaint by asserting that the complaint at issue should be dismissed because it fails to state sufficient facts to constitute a cause of action."

A claim that the prosecution doesn't have enough evidence.

Basically, motion to dismiss...which wasn't granted.

 

[ionel]

Any news on the arraignment?

 

[tfpoke]

12-06-2022

TEXT

JUDGE KISTLER/JP: THE STATE APPEARS BY ATTORNEY ERICA GARUCCIO. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE DEFENDANT ADVISES THE COURT HE IS CHARGED UNDER HIS TRUE AND CORRECT NAME, IDENTIFIERS ARE CORRECT, WAIVES READING OF THE INFORMATION AND ENTERS A PLEA OF NOT GUILTY. THE COURT RESERVES THE DEFENDANTS RIGHT TO FILE ANY MOTIONS BASED ON THAT PLEA. THE COURT CONTINUES THIS MATTER TO FEBRUARY 7TH 2023 1:30PM.

 

[Pokewood]

12-06-2022

TEXT

THE COURT RESERVES THE DEFENDANTS RIGHT TO FILE ANY MOTIONS BASED ON THAT PLEA. Can someone flesh this out in lay terms please.

 

[ionel]

12-06-2022

TEXT

JUDGE KISTLER/JP: THE STATE APPEARS BY ATTORNEY ERICA GARUCCIO. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE DEFENDANT ADVISES THE COURT HE IS CHARGED UNDER HIS TRUE AND CORRECT NAME, IDENTIFIERS ARE CORRECT, WAIVES READING OF THE INFORMATION AND ENTERS A PLEA OF NOT GUILTY. THE COURT RESERVES THE DEFENDANTS RIGHT TO FILE ANY MOTIONS BASED ON THAT PLEA. THE COURT CONTINUES THIS MATTER TO FEBRUARY 7TH 2023 1:30PM.

Any update?

 

[tfpoke]

They have usually entered notes the day after on the OCSN website. I would expect some type of update tomorrow based on history.

 

[alex1fly]

He's been off the OSU squad for over 8 months now. Not to thought police but personally I'd rather see talk about him at a general wrestling forum instead of our OSU specific forum.

 

[ionel]

They have usually entered notes the day after on the OCSN website. I would expect some type of update tomorrow based on history.

Any update?

 

[Pokewood]

TEXT	JUDGE KULLING/JP: THE STATE APPEARS BY ATTORNEY DEBRA VINCENT. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE COURT CONTINUES THIS MATTER TO APRIL 18TH 2023 1:30PM.

 

[Pokewood]

that was the court minute from the 2/7/2023 appearance.

 

[ionel]

that was the court minute from the 2/7/2023 appearance.

Whats the point if they are just going to "continue" everytime?

 

[Pokewood]

Whats the point if they are just going to "continue" everytime?

No f’n clue. Just the messenger here. My experiences in following cases I am interested in are usually extremely frustrating.

 

[chasepollard]

Judge assignment change. This will take awhile if a deal isn’t met.

 

[Pokewood]

04-18-2023 TEXT
JUDGE KULLING/JP: THE STATE APPEARS BY ATTORNEY JOSE VILLARREAL. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE DEFENDANT REQUEST A JURY TRIAL DATE. THE COURT SETS THIS CASE FOR JURY TRIAL ON SEPTEMBER 26TH 2023 9:00AM. THE COURT SETS FURTHER PRETRIAL FOR JULY 18TH 2023 1:30PM.
Ferrari, Albert James Jr

 

[turfpoke]

I thought speedy trial was a constitutional right. I guess “speedy” is subjective.

 

[Pokewood]

I thought speedy trial was a constitutional right. I guess “speedy” is subjective.

Clearly

 

[OSUMatFan]

Most defendants do not want a speedy trial as things fall apart over time on cases. If the facts are not with you time may help.

 

[Pokewood]

Most defendants do not want a speedy trial as things fall apart over time on cases. If the facts are not with you time may help.

True. Especially in these type of cases. As time goes on victims tend to give up and just want it all in the past. Happens a lot.

 

[ionel]

04-18-2023 TEXT
JUDGE KULLING/JP: THE STATE APPEARS BY ATTORNEY JOSE VILLARREAL. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE DEFENDANT REQUEST A JURY TRIAL DATE. THE COURT SETS THIS CASE FOR JURY TRIAL ON SEPTEMBER 26TH 2023 9:00AM. THE COURT SETS FURTHER PRETRIAL FOR JULY 18TH 2023 1:30PM.
Ferrari, Albert James Jr

Any pretrial update or change in court date?

 

[Pokewood]

23	NOC	NOTICE OF DISCOVERY COMPLIANCE Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office	​	Ferrari, Albert James Jr	​
07-18-2023	TEXT	JUDGE KULLING/JP: THE STATE APPEARS BY ATTORNEY ERICCA GARUCCIO. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE COURT ORDERS THE PARTIES TO HAVE ALL PRETRIAL MOTIONS ON FILE BY SEPTEMBER 5TH 2023. THE COURT CONTINUES PRETRIAL TO SEPTEMBER 5TH 2023 1:30PM.	​	Ferrari, Albert James Jr	​
08-10-2023	NO	NOTICE OF CONFLICT IN TRIAL SETTINGS PURSUANT TO SCAD-98-17 Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office	​	Ferrari, Albert James Jr	​
09-01-2023	MOPRO	MOTION TO PRODUCE CELL PHONE FOR INDEPENDENT DIGITAL EXTRACTION/EXAMINATION Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office	​	Ferrari, Albert James Jr	​
09-01-2023	NO	NOTICE OF DEFENDANT'S INTENT TO USE EVIDENCE OF THE COMPLAINING WITNESSES'S PREVIOUS SEXUAL CONDUCT Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office	​	Ferrari, Albert James Jr	​
09-05-2023	TEXT	JUDGE KULLING/RECORDED: THE STATE APPEARS BY ATTORNEY LAURA AUSTIN THOMAS. THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY DEREK CHANCE. THE COURT STRIKES THE JURY TRIAL SET SEPTEMBER 26TH 2023. THE COURT SETS MOTION HEARINGS FOR OCTOBER 6TH 2023 1:30PM. THE COURT ORDERS THE PARTIES TO HAVE ALL PRETRIAL MOTIONS ON FILE BY SEPTEMBER 29TH 2023 CLOSE OF BUSINESS.

 

[WildTurk]

NOTICE OF DEFENDANT'S INTENT TO USE EVIDENCE OF THE COMPLAINING WITNESSES'S PREVIOUS SEXUAL CONDUCT


AJ and his attorney are going that route huh? Shocking.

 

[Pokewood]

NOTICE OF DEFENDANT'S INTENT TO USE EVIDENCE OF THE COMPLAINING WITNESSES'S PREVIOUS SEXUAL CONDUCT


AJ and his attorney are going that route huh? Shocking.

Appears so, also going after her cell phone. Pretty clear his defense is gonna be it was all consensual and she does with others. Guessing they will make it plain to her that her life will be subject to public discussion with vigorous attention to detail.

 

[lookleft goright]

If he is found guilty of the crimes, what is the worst that could happen to him? Years in prison? On a sexual predator list for life? Huge fine?

 

[Pokewood]

If he is found guilty of the crimes, what is the worst that could happen to him? Years in prison? On a sexual predator list for life? Huge fine?

I have no clue.

 

[Cowboy Tommy]

If he is found guilty of the crimes, what is the worst that could happen to him? Years in prison? On a sexual predator list for life? Huge fine?

Yes.....to all of that

 

[PhantomPete1994]

 

[Pokewood]

View embedded media

Not surprised given the last court minute regarding her cell phone. That made it plain her past sexual history was going to be made public with vigorous attention to detail.

 

[Okie_Pat]

The obvious landing spot is Iowa which makes my dislike for them even stronger.

 

[tom_v31]

View embedded media

👎🏻

 

[alex1fly]

Mods or anybody, is there an ignore thread option on this platform? The whole thing is gross and a shame and I'm tired of getting reminded about it. I mean I know it'll get discussed forever on Intermat and Flo but this is supposed to be a safe space, goshdarnit lol

 

[turfpoke]

I think Surber was giving him all he wanted in the room.

 

[Inky29]

Disappointing because I've heard stories about him from others, doubt he's learned anything from this and it will happen again, sadly probably worse now because he probably thinks he's even more bullet proof.

 

[tom_v31]

Mods or anybody, is there an ignore thread option on this platform? The whole thing is gross and a shame and I'm tired of getting reminded about it. I mean I know it'll get discussed forever on Intermat and Flo but this is supposed to be a safe space, goshdarnit lol

For sure, it’s called don’t click on it

 

[DEWrestlingFan]

I am reading some of these posts and I think it is entertaining. The charges were dismissed! Makes you wonder if they were dismissed earlier or not even brought on him, would he still be with OSU? And if he was and won his second national title, most of you doing the bashing would be totally fine with it. That is what is entertaining. I hope that he ends up somewhere and adds to a very successful wrestling career.

 

[dvpoke25]

I am reading some of these posts and I think it is entertaining. The charges were dismissed! Makes you wonder if they were dismissed earlier or not even brought on him, would he still be with OSU? And if he was and won his second national title, most of you doing the bashing would be totally fine with it. That is what is entertaining. I hope that he ends up somewhere and adds to a very successful wrestling career.

Sure thing AJ.

 

[Mr.OSU]

Sure thing AJ.

If it is him he joined the board when he was 2. Used to be a smart kid

 

[slickr3]

AJ was off the team when the allegations surfaced for other reasons, correct?