Re: Deep blue baby head (also: Yurko case: No guilty plea entered)

From: Jeff (kidsdoc2000_at_hotmail.com)
Date: 08/30/04 

Date: Mon, 30 Aug 2004 19:41:12 -0400

"Todd Gastaldo" <tgastaldo@earthlink.net> wrote in message
news:xlKYc.2872$w%6.79@newsread1.news.pas.earthlink.net...
> DEEP BLUE BABY HEAD See below...
>
> First this...
>
>
> YURKO CASE
>
> Peter Bowditch appears to me to have gotten a fact wrong about the Yurko
> outcome (see below)....
>
> ANOTHER Peter (writing for the Yurkos) also got a fact wrong - but took
the
> time to correct it...
>
> This second Peter wrote:
>
> "NO GUILTY PLEA ENTERED"...
>
> Dear Yurko Supporter
>
> Good bad news :-)
>
> A mistake was made in the previous statement of the hearing outcome. What
> I heard in that quick phone call was wrong, or I heard it wrong. Because
> the autopsy was invalidated, there could be no basis of guilt. Thus the
> murder charge was dropped. At first the judge granted a new trial, which
> really seems legally improper without autopsy evidence. However,
> immediately after that, further negotation began. Beyond the murder
> charge, the manslaughter charge remained, and it is that to which Alan
> pleaded 'nolo' (no contest) and was released for time served.
>
> I heard the person on the phone say he pleaded guilty to manslaughter
> (negligence), when that was simply a statement Alan made in court saying
> he felt guilty of negligence for allowing the doctors to vaccinate the
> baby. There was no sense in staying in jail perhaps two more years to
> hold a new trial on the manslaughter, so the nolo plea still allows
> further procedure to ascertain innocence, but gains him release. Thus, no
> guilty plea was entered, on a felony or otherwise.

Really? I thought the nolo plea is results in a guilty conviction and that
is the end of it.

Jeff