Tuesday, January 19, 2010

Douglas County says no, "Charges against Rozita have not been dropped."

There is a revocation hearing set for January 27th, 2010.
Douglas County - "Charges against Ms. Swinton in Douglas County were not dropped and there is a pending Probation Revocation hearing set for January 27."
I have a tendency not to like David Foley, as he is on the "other side," but that's superficial. He grand stands a bit, but he hasn't been wrong yet. The money says whatever Douglas County does, will be inconsequential. You have to figure if they just let it slide, not giving Rozita any jail time, it becomes someone else's problem, namely, El Paso county. The time is set for 1:30 pm.


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13 comments:

Ron in Houston said...

You're rather missing the point.

Douglas county can still revoke probation on the new conviction in the other county. That's why it was no skin off the Douglas county DA's back to dismiss his charges.

So, yes, charge were dropped. However, revocation hearings are still pending.

Eh, I don't know why I educate you in your spectacular ignorance, but I guess I'm no big fan of Rozita either.

The Pharisee said...

Ron,

I think the spectacular ignorance in this case, is More Ron Spectacular Ignorance.

The words above are quoted from Douglas County:

"Charges against Ms. Swinton in Douglas County were not dropped."

Ron in Houston said...

Well somebody is blowing smoke and trying to save face:

As part of the plea, authorities in Douglas County have also agreed to drop charges stemming from a similar false reporting incident in 2005, the prosecutor said.

Maybe they didn't "drop charges" but a deal has already been struck on what's going to happen when they go forward.

Either way, one of those DA's are spinning the facts.

The Pharisee said...

Really Ron? Is that a press release or a word for word quote from an official Douglas County Communication?

In my case I have an official Douglas County Communication. By this time next week what you say may be true, but it's not true yet.

Foley is a well connected and pretty decent local Colorado criminal attorney. I think he's getting what he wants, even if it hasn't happened yet, but as of this moment, it hasn't happened yet.

I find it FASCINATING that Foley is mooning them all saying "this is what you're doing" when they aren't ready to declare publicly that they're on board.

Why does Foley think he can do this? It's my TAKE on Foley, that he is REMINDING them loudly, via stage whisper, what it is that no one wants to be public, and that is, what Rozita Knows.

Wanna know what I think? Foley isn't lying, Texas has agreed to deal with him, and the deal is set, Foley is so confident of that fact he's willing to EMBARRASS them with public remarks.

Same thing goes for Douglas county.

I hope I'm wrong, but I haven't seen Foley do anything but tweak the authorities over this case since he signed on as Rozita's attorney. When he's said "Jump," they jump, even if it's a week or a month or a year later.

Ron in Houston said...

The quoted text was an El Paso DA talking to a Gazette reporter.

Like I said, it just doesn't add up...

The Pharisee said...

Ron, that would be an EL PASO county DDA talking to a REPORTER who got some details very wrong. For instance, he misspelled Rozita's name (at least initially) and got her age wrong by 4 years. I had to whip that guy into GOING to the trial.

Rozita's 2005 misdemeanor false reporting incident went to trial in 2007 and she pled GUILTY.

GUILTY Ron, the charges were not DROPPED, she PLED GUILTY.

Furthermore this post states WORD FOR WORD a direct communication from DOUGLAS county, which is NOT EL PASO County. Douglas County has not gone along with El Paso County BEFORE and there have been "misunderstandings" before that resulted in a FUGITIVE warrant being sworn out for Rozita in July of 2008.

Clearly David Foley doesn't always know what Douglas County is going to do, and CLEARLY El Paso and Douglas county have communications problems with this case. Clearly neither the El Paso County DDA and David Foley do not SPEAK for Douglas County or control them.

Rozita's probabtionary period is not up, and she has a probation revocation hearing on her CONVICTION for false reporting next Wednesday.

Do I think they will somehow lay aside her plea or deal minimally with her on this issue? Probably. Foley got the fugitive warrant dropped in 2008, but Foley is not a former Douglas County DDA, he is a former El Paso County DDA. Rozita wasn't cozy with Douglas County Sheriffs or Castle Rock police, she was cozy with the Colorado Springs Police department.

They don't owe her anything. She needs to at least be polite and show up and let them say "quittin' time" themselves, instead of going around trumpeting that they have a deal, when apparently it's not quite official yet.

Ron in Houston said...

It still doesn't add up...

My guess is that a deal has been struck with Douglas County where Douglas County sentences her on her revocation to the same terms and conditions as she has in El Paso county. Technically that's not "dropping" anything, but it's still a deal which would make the Gazette quote sort of correct.

The Pharisee said...

It does add up if Foley is swaggering, and doing a "Namath," (I guarantee we will win Super Bowl 3). It ain't braggin' if it's true and it's not arrogance if you can do it.

Foley is still spinning a tale saying that "the charges will be dropped" since that's not what's going to happen. Rozita is GUILTY. She pled GUILTY in Douglas County. The charges predate those in El Paso county by 3 years.

As I understand it, they can declare that the terms and conditions of her probation and deferred SENTENCING for her GUILTY PLEA can be laid aside, even though that would be improper. She DID plead guilty to another crime during her probationary period. Whatever they do, they're not "dropping" the charges, though the effect may be the same.

Ron in Houston said...

Well, Foley is sort of right in that Douglas County is not "revoking" her probation and putting her into jail.

I have no doubt that everybody is spinning this to some degree.

The Pharisee said...

I'm not Ron, I have been precise and exact in this matter.

Ron in Houston said...

I didn't mean you. Sorry if you got that implication.

I meant that Rozita's attorney and the DA's are all spinning it to save face.

The Pharisee said...

I gotta ask then Ron, since you seem to be in a fair mood on this matter:

Why do you think Rozita, a habitual false reporter, who has pled guilty EVERY time she is charged, is getting away so easily? Why is heaven and earth being moved to accommodate her?

Newsweek made the extraordinary evaluation of her in August of 2008 that she was probably faking her "dissociative disorder." It would be much more politically correct to throw the book at her for all the trouble she has caused in states all over this country.

My take is that it would seem like someone owes something to her, or that she knows something embarrassing, or both.

Ron in Houston said...

Newsweek made the extraordinary evaluation of her in August of 2008 that she was probably faking her "dissociative disorder."

Well, whether she's faking or not would be a strong point of contention and I'd imagine whoever first diagnosed her as having disassociated disorder would defend their professional honor.

It's also a misdemeanor and those experts to counter her claim of "the disassociative disorder made me do it" don't come cheap.

While we all like to believe that criminal prosecutions come down to the truth prevailing, many times the "truth" is too slippery and dollars and cents prevail.

I don't think it had anything to do with her being "owed" anything. I don't think the DA's in Colorado see it as their problem that she may have triggered the Texas raids. They don't have the political desire to have a big fight and see her plea as a way to get things resolved so that everyone can beat their chests and say that "justice prevailed."