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TNL Coach Released - Mistrial Declared

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by SDSoftballMom » Mon Sep 08, 2008 1:04 pm

http://www.nbcsandiego.com/news/17421106/detail.html

I am posting this and hoping that all who bad mouthed the parents and players will SHUT UP!! As the saying goes, innocent until proven guilty. NO-I am not a parent of a TNL player and never have been, but felt many of them were unjustly treated and thought this post should be made immediately.

"Judge Joel Pressmen called jurors into the courtroom Monday morning after they notified him that they were deadlocked on both counts in the case. He polled them and found that four were in favor of a guilty verdict on count 1 and eight were in favor of not guilty. On count 2, they were deadlocked at one for guilty and 11 for not guilty.

The jurors told the judge they believed more time would not change their positions, so Pressmen declared a mistrial and released Facione.

After the hearing, several jurors spoke with the attorneys in the hallway. They said they voted for acquittal because they did not find the testimony of the 17-year-old ballplayer credible.

Prosecutors could retry the case before another jury, but Facione's attorney said she did not think that was likely.

Facione was charged on Feb. 20. He could have been sentenced to up to three years and eight months in prison if convicted."
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by Skarp » Mon Sep 08, 2008 1:16 pm

SDSoftballMom wrote:I am posting this and hoping that all who bad mouthed the parents and players will SHUT UP!!!."

I must have missed the posts where the players and parents were being bad-mouthed. Perhaps you can refresh our memory?
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by hanico » Mon Sep 08, 2008 1:24 pm

Another OJ Simpson case...

What's next a celebration party at Little Gym...

I don't care what the verdict was the man got away with sleeping with a minor..


http://www.nctimes.com/articles/2008/09 ... 681819.txt
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by soreshins » Mon Sep 08, 2008 1:34 pm

A "mistrial" is not the same as an "acquittal." A mistrial is the equivalent to "no trial" or failure of trial. A "hung jury" is a common ground for mistrial. Even if the jury was leaning toward not guilty, a different jury might yield a different or similar result. However, I would not go around proclaiming that the coach was found innocent or that the charges were groundless.
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by Skarp » Mon Sep 08, 2008 1:39 pm

As an aside, is it your belief that being found not guilty (much less having a mistrial declared) is the same as being proven innocent? If so, you must be outraged at the treatment that poor O.J. has been getting.

So a professional trial lawyer was able to make a 17-year-old girl appear uncredible on the witness stand. That's probably never happened before. :roll: I'm sure he was able to spin the text messages too. All of which might be enough to raise reasonable doubt, but it's not necessarily enough to assuage the concerns of the community.

And even if the guy is as innocent as the day he was born, nobody but he and the girl knew that (or know that still). So the fact remains that TNL allowed an accused sex offender access to the girls and kept him front-and-center at games. Together with the vitriolic TNL posters on this site, the organization made it quite clear that they couldn't care less about protecting the overall integrity and reputation of the sport. If you would bother to read before you rant, you would know that THAT is what we wouldn't "shut up" about.
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by anonlooker » Mon Sep 08, 2008 1:46 pm

This isn't really a surprise, is it? :shock:

I was almost expecting to read about the 'If the glove doesn't fit" defense, but then remembered there apparently was no glove to begin with. As if he didn't show enough lack of good judgment already.

And true that, he wasn't acquitted, or declared innocent.

There were enough guilty votes among the jury to ensure my DD will remain well clear of TNL Softball.

And isn't it wonderful how this may serve to encourage a sick mind, now well-armed with intimate knowledge of how to avoid being caught.
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by SDSoftballMom » Mon Sep 08, 2008 2:25 pm

I think comparing this to OJ is not exactly apples to apples. In my opinion...I would say jurors that voted 11-1 in favor of Mr Facione does make you think....I just don't believe many of us if on such a case would vote that way unless we were truly convinced that the guy was innocent...Maybe I am wrong. In addition, I overheard several stabs toward TNL parents, jokes made up about them...etc. Even heard that some organizations did not want them at friendlies in case Chris F. was to show up. I am all for doing everything possible to protect our kids - do not get me wrong, but i did feel bad for the people that took allot of heat for staying there, from what i saw jerry d. did a great job at keeping things moving and congat's to them for taking 4th at 12U Nationals...They are obviously doing something right over there.
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by Demonboy » Mon Sep 08, 2008 2:35 pm

SDSoftballMom wrote:I think comparing this to OJ is not exactly apples to apples. In my opinion...I would say jurors that voted 11-1 in favor of Mr Facione does make you think....I just don't believe many of us if on such a case would vote that way unless we were truly convinced that the guy was innocent...Maybe I am wrong. In addition, I overheard several stabs toward TNL parents, jokes made up about them...etc. Even heard that some organizations did not want them at friendlies in case Chris F. was to show up. I am all for doing everything possible to protect our kids - do not get me wrong, but i did feel bad for the people that took allot of heat for staying there, from what i saw jerry d. did a great job at keeping things moving and congat's to them for taking 4th at 12U Nationals...They are obviously doing something right over there.


You're right. On behalf of the So Cal softball community, I'd like to apologize and offer this photo of Coach Chris triumphantly riding home from the court house.
bronco_061704_big.jpg
bronco_061704_big.jpg (55.07 KiB) Viewed 16339 times
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by Skarp » Mon Sep 08, 2008 2:38 pm

SDSoftballMom wrote:I think comparing this to OJ is not exactly apples to apples.

You're right. If memory serves, O.J. was actually acquitted, whereas Facione could still be retried. So the comparison does a disservice to O.J.

Seriously though, you're the one that invited the comparison when you declared "innocent until proven guilty." If that's the controlling standard, then you're stuck with the results--and O.J.

About stabs at parents, I can't say. But their brash defense of his presence at games was worthy of derision, as was their obvious disdain for the legitimate concerns that others in the softball community were voicing. As for me, I'm on record as saying that TNL is a hell of a softball organization with some dynamite teams. I wasn't at all surprised at how well they did last year, and it's even more impressive given all of the controversy surrounding the organization.
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by SDSoftballMom » Mon Sep 08, 2008 2:43 pm

WOW Demonboy, you are so funny-i get it "stab". :lol: you are real comedian. we are all entitled to our own opinions.. i've said my peace - now i'm logging off on this one.
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