Sunday, October 28, 2007

DV One Verdict - What's Next?!

An email from
DV One's lawyer discussing the sentencing hearing. Caught this via gatsworth on 206Proof. Click here to convene and converse!

Date: Sat, 27 Oct 2007 09:42:12 -0700 (PDT)
From: lisa daugaard
Subject: next steps for Toby

Hi guys. This is awful. There are no words for how horrible Robert & I feel about what happened.

From talking with the jury for almost an hour, I am certain they convicted Toby because they believed the three girls who testified they thought Toby tried to push by or away from Officer Boggs in order to get to Andrea. They said they would have reached a different conclusion is they had been told that, for it to be an assault, he had to intend that the physical contact he made with the officer be harmful or offensive. We asked Judge Canova to give that instruction to the jury, and that will be an important issue on appeal.

As you may have heard, virtually the entire jury offered to come to sentencing and support Toby. They said "we felt we were legally required to come to this decision, but we do not believe it is a just outcome."

I believe there are some steps that we should take to prepare for sentencing.

From listening to the prosecutor's comments to the jury, I am certain they are not going to oppose a "first offender waiver" of the mandatory minimum jail sentence for assault 3, so I do not believe there is a real risk of Toby going to jail. But because of other goals -- and because nothing in the world can stop them except for too small a courtroom -- I think it is very important to make it possible for all of Toby's supporters to play a role at the sentencing hearing.

There is only one courtroom in the King County Courthouse big enough to allow all the people who want to share their love for Toby to attend his sentencing (which has not yet been scheduled). It would be very unusual to get that courtroom for an Assault 3 sentencing but if you all agree that there is going to be a massive turnout for the hearing, I will try to get the courtroom.

To help with this, it would help to tell the court how many people plan to attend. If you agree, perhaps someone could collect names of people who want to come. If I could get the list in about a week, that would be great.

I am so sorry, Toby.


Lisa Daugaard
The Defender Association
810-3rd Avenue, 8th Floor
Seattle, WA 98104
ph.:(206) 447-3900 ext. 729; fax: (206) 447-2349