TNL Coach Released - Mistrial Declared

[Sam]

Falcione was smart. He had a female attorney destroy a young woman on the stand and attack a child's credibility. Its a typical ploy of molesters.

Can't wait until tomorrow....when the accuser's parents see that Falcione's attorney accused their young daughter of making the story up because she was bitter about failing to received a D1 scholarship. The attorney claims that she was bitter and began lying about their relationship and it got out of hand.....wonder how the jury ignored the text messages the prosecutor had....or if the judge threw them out as prejudicial.....

[NumeroUno]

I heard that the judge did not use the text messages he sent because even though they were from his phone that they could not prove that he sent them.

[anonlooker]

I heard that the judge did not use the text messages he sent because even though they were from his phone that they could not prove that he sent them.

Yeah, that sure creates reasonable doubt!

I mean, who among us doesn't leave their cell phone laying around and allow their buddies to reply to our text messages? Especially those common place texts from under-aged girls on our team that refer to our sexual relationship? If any of my pals did that to me, I'd make him bring his own player to the celebration tonight.

The only things as detestable as a child predator are the lawyers who represent them. I wonder if his attorneys have any daughters on his teams.

[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.

[SoftballSucka]

but felt many of them were unjustly treated and thought this post should be made immediately.

WOW!! Let's all hold hands and rejoice that there was a mistrail declared on a man accused of sexual relations with a minor. Yes, let's all get together and blame the young lady involved that there wasn't enough evidence to continue on! You have got to be kidding that you would so proudly come on here and sing yor praises for Chris Facione. How about instead get on here and let everyone know that he has been released and could possibly, just maybe might do it again because he got away with it the first time. That maybe it could happen to someone elses daughter and to be careful. SDSoftballMom would you feel the same way if it were daughter on the other end of it? Anyone of you who so proudly stand up for this man could of just as easily be on the other end of it and it be your daughter. It's not like there wasn't evidence. They just can't prove he's the one that sent the messages from his phone. What a joke!!
A mistrail is not the same as proven not guilty!!

[Cookie]

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.

Thank you Mr Falcione for this post

To all you big fans I hope this never happens to any of your kids but if it does I hope you are as supportive to your DD molester as your are to this creep...

[danfan362]

The real question is "would you let your DD play for TNL?" The proof will be in the qualitity of the team...

[TravelSoftballDad]

That's a good move, most college players are over 18.

Bub-Bye

[Skarp]

Isn't it kind of a moot point since CF is supposed to be taking a college coaching job in NC.

Where the age of consent is 16.

Seriously though...isn't this much ado about not so much? Hell, the age of consent in most states is 16 or 17, and is as low as 14. 18 is more the exception than it is the rule (see http://teenadvice.about.com/library/wee ... tchart.htm ). Not that that means anything, but it's simply impossible to pick an age before which nobody is mature enough and after which everyone is. Moreover, adolescent sex is rampant, and I don't see how sex with an 18 year-old boy is somehow less harmful than sex with someone older. The alleged tryst, if true, is creepy and weird given the age differential in question, but how is it any more harmful?

So unless it's shown that he coerced her or abused his position of authority to induce her into doing something that she would not have otherwise done, I don't think he's supposed to go to jail or get labeled as a sex offender. Just my opinion. (Of course I also don't think her dad is supposed to go to jail if he uses the guy for alligator bait, so there you have it.)

My problem has always been with the selfish, bunker mentality exhibited by TNL and Facione in their handling of the situation. They either refused to realize or simply didn't care that the situation affected the entire softball community, and that thumbing their nose at everyone damaged the sport.

Let the beating commence.

[soreshins]

This coach should end his involvement in girls softball. A successful program does not mean this coach is a good influence on young women. Depending on who you listen to, this may not have been the first allegation. Even if it is assumed the allegations were false, he will continue to be at risk of false allegations so long as he coaches girls softball. Clearly, this man should find something else to do.