Through his attorney, Christopher Michael George, 44, (DOB: 1/23/1972) of Harmony Court, argued Thursday that Bucks County denied him the benefit of his negotiated plea deal when the Department of Corrections refused to let him serve his sentence on home confinement.
"It was a deal," attorney Craig Penglase said at a hearing in the county justice center in Doylestown. "It was a rock-solid deal."
Penglase told Judge Wallace H. Bateman Jr. that according to the county's standard guilty plea paperwork, his client has the right to withdraw his plea if the court does not make good on its end of the plea bargain.
Bateman on Jan. 28 sentenced George to serve a minimum of one day less than one year to a maximum sentence of one day less than two years on a felony count of cruelty to animals.
The charge stemmed from allegations that say the man repeatedly beat and mistreated his then-girlfriend's boxer Rocky when the two lived together in late 2014 in Falls. During this time, the dog suffered 23 broken ribs, a puncture wound and bloody paws.
A no-contest plea is not an admission of guilt; it is made when a defendant does not wish to dispute a charge. The plea is treated the same as a guilty plea at the time of sentencing.
Noting he might have handled plea negotiations differently, Bateman said at the sentencing hearing he would grant house arrest if George was approved by the county prison.
George's motion to withdraw, filed Monday, indicates he was screened for house arrest the same day and subsequently denied. Penglase said in court his client "scored well" in the screening, but was denied because of the nature of the offense.
He has remained incarcerated since.
The judge warned George of this potential outcome, a point Assistant District Attorney Jonathan Long seized on in his argument against George's motion.
Long also said he did not believe George could withdraw a plea after a sentence had been imposed.
Bateman declined to issue a decision Thursday, saying he first wants to review a transcript of last week's hearing to refresh his understanding of the plea agreement and how it was explained to him.
He noted the subtle difference between the county District Attorney's Office agreeing to a sentence that is to be served on house arrest, and agreeing to a sentence that could be served on house arrest.
Bateman said the case also raises questions concerning whether prosecutors possess the authority to agree to a sentence of house arrest if the decision to grant it lies with both the court and the corrections department.
The judge said he would seek to resolve the issue as soon as possible.
(Intelligencer - Feb 4, 2016)
Christopher George did it 2003. He killed puppies, little puppies! He deserves to be in jail not House Arrest!
ReplyDelete