Confessions of a Crooked Cop; Part V: The Preliminary Exam

(Editor’s Note:  This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed).

Part IV of this series will deal with the preliminary exam and what happened that day and the strategy that occurred.

CM:  Can you explain what the preliminary exam is and how are you familiar with them?

Officer:  A prelim is a mini hearing in District Court. If the prosecutor can show there was probable cause that a crime was committed the case gets bound offer to Circuit Court.

CM:  Is it hard for a prosecutor to win a prelim?

Officer:  (Laughter).  It’s pretty basic.  Generally cases get bound over.

CM:  So what happened at your son’s prelim?

Officer:  It never occurred.

CM:  What do you mean?

Officer:  On the day of the preliminary exam, Bill (Amadeo) had a number of witnesses present.

CM:  Can you explain that?  Do defense lawyers generally present witnesses at prelims?

Officer:  no but Bill got there early, had the witnesses sit in the gallery and went up and talked to the prosecutor.

CM:  Can you tell us about the witnesses.

Officer:  Nick Sanderson found 3 young men that the complaining witness claimed raped her.  Apparently it was her move every time she broke up with someone she would yell rape.

CM:  And how did Nick find this out?

Bill Amadeo:  How does Nick find anything out?

Officer:  Yeah, I don’t know.

CM:  So what happened then?

Officer:  Well, it looked like the prosecutor and Bill were coming to blows. There was screaming and the judge told them to shut up. When the case was called the judge ordered them both to the bench.  I don’t know what happened.

Matt McManus:  Things were getting crazy.

CM:  What happened after the bench conference.

Officer:  Bill put on the record that he was presenting “other acts” evidence and had a CSC expert. The prosecutor was furious.

CM:  What did the judge do?

Officer:  The judge said that Bill and the prosecutor needed to have a serious talk and he did not have a lot of time to hear district court motions.

CM:  How long did Bill and the prosecutor talk?

Officer:  Well the judge told them to take their time and literally said “Do not make it quick.”

CM:  What are you thinking right now?

Officer:  I’m not sure what is happening but I followed Bill and the prosecutor down the hall and I heard Bill getting animated.

CM:  Bill always gets animated, doesn’t he?

Jennifer Kelley:  This was a little different.

Matt McManus:  Very different.

Bill Amadeo:  Matt and Jenn did research, Nick Sanderson did the PI work, I stayed up and worked the file. I was a little on edge.

Officer:  He was more than a little on edge.  I remember him saying to the prosecutor “I can stay here all night.”  The prosecutor was screaming back at him. They were gone for about 4 hours.

CM:  What are you thinking during this timeframe?

Officer:  Jennifer Kelley was a voice of reason. Matt McManus said things were going to be ok, Nick Sanderson said that Bill gave him bail money to hold so be on alert. Honestly, I wasn’t sure what to think.

CM:  When everyone came back, what was the outcome.

Officer:  The judge asked if we were running a prelim today and the prosecutor said no, there would be a waiver. We told Bill to do what’s best.

CM:  What did the prosecutor say?

Officer:  He said there was an offer on the table.

CM:  What was the offer?

Officer:  The offer was 1 year in county jail with sex registration.

CM:  What are you thinking at this time?

Officer:  Well, my son had a couple of months in, he would probably get our in 6 months with good time credit etc. The sex registry was horrible but I held my wife and cried, we knew our son was not going to prison. I mean we went from 25 years in prison to a short amount of local jail time, I was relieved.

CM:  So he pled that day?

Officer:  No.

CM:  Wait, and I’m sorry, I heard about this case but I was not with the firm then, what exactly happened?

Officer:  Bill said to the judge, we will waive the prelim if the offer stays opened until the last pretrial in circuit court but we were not accepting the plea.

CM:  What did the judge say?

Officer:  The judge quickly bound the case over.

CM:  And what are you thinking at this point?

Officer:  I’m thinking why isn’t Bill taking the deal? We said if he could get under 3 years we were in.

CM:  What did he tell you?

Officer:  He said if my son ended up the sex registry his life would be over. We were really torn.

In the next piece we will discuss the first circuit court proceeding, what transpired the research down in the interval.

Carly McGregor has been a ghostwriter for many years and is currently working on her Juris Doctorate and has published many articles across social media and print work.

 

 

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