Getting the Ball Rolling

On the CFS Facebook page

Tarpaulin Sky Press
Most welcome. It appears I should have addressed the question of entering a plea, however, so I'll address it now: At his very first press conference, Bob declared "I am innocent" and "I welcome a full investigation." When Bob's attorney decides it is time to enter a *formal* plea and thus set the ball rolling a bit faster toward trial, then she will do so. I imagine, however, that Bob's attorney is in no hurry, considering that she is still waiting for the prosecution to turn over the rest of their alleged evidence.

Sorry this is completely false information.  Saying in a press conference "I am innocent", is not entering a plea of "not guilty".  A defendant can enter a plea of "not Guilty" and then change it later if the desire, or need to.  It happens all the time.  While entering a plea starts the timeline for a defendants right to a speedy trial, it does not allow the prosecution to proceed without sharing their evidence with the defense.  It also does not FORCE the defense to proceed in a speedy manner.  This is a right for the defendant.

I would also like to point out that all of the evidence is not needed to make a plea.  He has been presented with the charges in the arrest warrant.  The question is, "Mr. Adams, how do you plead to these charges?"  One poster on the SacBee website put it perfectly:

I still don't get why he hasn't entered a plea.  Surely you don't need any more information to say "guilty" or "not guilty".  The charges are already out there.  Does he really have to see all the evidence to know if he is guilty of doing something or not?  If I ask my kids, "did you eat that candy?" they don't say, "I can't tell you until you tell me why you think I ate the candy

I can see no reason to need all the evidence the prosecution has, or does not have, to say if you are guilty or not.  Of course if the District Attorney has indeed not handed over their evidence, then of course when the trial or pre-trial portion of the process begins, they absolutely could not proceed without having everything.  But, to say you must have it to enter a plea, is silly.
  

What is interesting to me, is that I would think that a truly innocent man would want to have his speedy trial, waive delays and get the whole thing over with.  They can press the prosecutions hand by insisting he get a speedy trial and that they move forward, but they have not.  They have asked for delay after delay.

When someone is accused and arrested, they have the right to a speedy trial.  They have the right to demand that a preliminary hearing be set for no more than 10 days from arraignment.  That time clock does not start until the defendant has plead "Not Guilty" in a court of law.  Again, saying it to the media doesn't count.  After the preliminary hearing, the defendant has the right to have their trial start within 60 days of being held to answer (meaning sufficient evidence is present to go forward with a trial).

We have seen CFS supporters claim that the lack of plea is due to lack of discovery however evidence discovery is not a right prior to an arraignment unless a formal request has been made.  Assuming Ms. Parisi has made that request and been ignored, it is then a motion she can have handled at the court level and sanctions could be made against the prosecution. Regardless, no matter the evidence that the prosecution may have, nothing can start to be resolved without a plea of "Not Guilty" by Robert Adams.  Until that plea is entered, these appearances are simply delaying the inevitable.  

There is also the issue of the computers and refunds.  Yes, the computers were taken by Law Enforcement. Yes, they still have them. But this isn't uncommon either. It isn't because they want to prevent Mr. Adams for "honoring his financial obligations" it is because these things take time. High Tech Crime units across the country are backlogged and the evaluations can take months. To be clear, I am not accusing Mr. Adams of possessing child pornography, just stating that there is a reason for the Police Department to still have them.  What is becoming very apparent, is that this is being used as just another excuse for them to not do the right thing. Most good businesses have, at minimum, paper backups of their records. Even if they do not have this, they could be honoring parents proof of payment. But they aren't. This isn't the fault of the CHPD. Granted it would be much harder to prove who still OWES Creative Frontiers School money without the computers if they did indeed not have paper backups, but that should make no difference to the parents who are owed refunds.

Of course Parisi is in "no hurry" as she gets paid no matter what.  I know there are a lot of former Creative Frontiers families still waiting for their money.  Former Creative Frontiers teachers who are waiting for their paychecks.  I wonder if she will wait around for more than 3 months for payment as the CFS parents have been expected to do?