by softballmafia » Wed Jul 08, 2009 12:38 pm
I saw this post from GDAD who supported this individual and his organization. How do you feel now Mr. GDAD about your Messiah? Shame on you and all the parnets who supported this individaul and his actions. Once a wolf always a wolf, only the good Lord can change this mans life. Where are all the parent supporting this guy now?
TNL Coach Released - Mistrial Declared.......post from GDAD
Let me state first of all that the defendant is a very close and personal friend of mine. My daughter played for the TNL organization from 14U through 18 Gold and has been playing D1 softball the past three years and doing very well. I have spent time with his parents and family, all of whom are top-quality people.
My wife and I trusted our daughter with Chris for years with no doubts. We have found his character to be excellent, and yes, he is a tough and passionate coach, but the success of his teams and his players is evidence of a good program. Our daughter remains a close friend of his to this day, and she testified in court, along with several of her fellow TNL players for the defense.
I attended every court appearance from the arraignment, to the preliminary hearing to each day of the trial. Including today, where the Judge declared a mistrial and then dismissed the charges against Chris.
I was not alone sitting in the courtroom to support my friend. The courtroom on the defense side was filled every day of the trial, with his family, friends, other coaches, current and former players. By contrast, the prosecution side was virtually empty most of the time during the trial.
If you sat through this trial as I did, you would agree that it was a very sad and bad situation for all parties involved. I felt very sorry for the young lady that made the accusations, and for her family. However, I don't feel it is fair to judge for me to her actions or her motivations.
Rather, I would echo what the Judge said when he dismissed the charges. Based on the evidence and testimony presented, the Judge said a new Jury would not be able to reach a Guilty verdict, and that the defendant had been through enough.
The District Attorney's office, in my opinion, made a mistake in taking this case to trial. The evidence and their witnesses were very marginal. The victim was caught lying in court on at least three key statements, including lying to her parents, the Police Detective that investigated the complaint, the Deputy District Attorney, the Judge and the Jury.
The "smoking gun" was a "pretext" call where the Police Detective had the victim call the defendant and try and get to him to admit or say incriminating statements. The recorded call last over 20 minutes, and did nothing but to strengthen the defense case that he had not engaged in any sexual actions with the victim.
Trying to take away my personal bias and friendship for the coach, I find it very hard to believe that any of the jurors thought he was guilty on Count 1 (the last official ballot was last Friday afternoon and it was 8-4 Not Guilty, and the Jury foreperson indicated the Jury met again this morning and there was further movement towards Not Guilty, but they were still deadlocked - in other words, it sounded like it was more like 10-2 on Count 1 and Count 2 was already 11-1 Not Guilty).
I have been involved in youth sports for the past 12+ years, and my kids have played on premier-level, national caliber soccer teams and on top level softball clubs. I personally know of two coaches that were arrested, tried and convicted of sexual and other misconduct with their players. I have also seen another of my friend's high school coaching career ruined because of charges from a player that were later found to be groundless (no legal action was taken).
It is unfortunate that many people prefer to jump to conclusions before the accused has had his or her day in court. I know it was a real experience for myself to sit there hours and days watching my friend's trial firsthand. And, my daughter had her own experience, first being served a supeona, flying back to San Diego from out-of-state during her first week back at College, and then to testify in a criminal court where the defendant - someone she knows and respects as a coach, friend and mentor - is on trial and facing years in prison and a lifetime burden of being a registered sex offender.
Again, it was a very sad situation all around. For the victim and what she put herself through, her family, my friend - the defendant, his family and his friends and supporters. I spoke with other attorneys that attended the trial, and they were all amazed at what a thin case the prosecution had presented. In fact, during the middle of the trial - and unknown to the Jury - the prosecution came to the defense and presented a plea bargain offer knocking the two felony charges down to a misdemeanor. The plea bargain offer was rejected out of hand, as the defense want to have the Jury return a "Not Guilty" verdict. Having the case declared a mistrial and then the Judge dismissing the charges is a very good outcome for the defendant. Criminal attorneys will tell you it is very unusual for a Judge to dismiss a case after one trial and not agree to the District Attorney's office retrying the case.... Again, this was a trial that never should have happened....
By the way, there was no content of text messages available to present as evidence. Merely the log of the date and time of text sent from his phone. The defense also presented copies of an email from the victim to the defendant that speaks volume about her possible motivation and her anger regarding not receiving expected college softball scholarship offers....
I am as proud of Chris Facione today at the end of this trial as I was the first day it started. I am proud to call him my friend, and to have him be such a hugely positive influence in the life of my daughter.
He has had his day in court, and he will continue to do what he loves - coach softball.
How are all of us going to feel if we all stand by this time...and then hear that something REALLY bad happens to some player in the future?
