Although the court's website shows eleven felony counts, the indictment actually contains nineteen separate counts– mostly sex offenses, both as principal and as an aider and abettor – but also on kidnapping, robbery and attempted aggravated assault for leaving her lying there on that cold concrete floor. I'm told by a court official that perhaps the website maxes out at eleven, but nineteen is the real count.
Still waiting on lab results from the samples collected from her body.
The arraignment and status conference is tomorrow morning (Thursday April 4) at 9:30 am ET. I'll hope to have a better idea of when and whether trial will take place. I have been talking with the survivor and her family, who have asked me to come to DC for any trial proceedings. We'll see.
From what I know, there is a plea offer on the table which is "wired" i.e. both guys have to take it or neither can take it. The offer is that both plead to one count of second degree sexual abuse and agree to a Rule 11(e)(1)(C) sentence of a number of years in prison, some years above the top of the sentencing guidelines for second degree sexual abuse, but some years below the minimum for a first degree sexual abuse conviction under our guidelines. This case is charged under D.C. law and is venued in D.C.’s Superior Court. Rule 11 under D.C.’s rules is basically identical to federal Rule 11, meaning that the terms of a plea under Rule 11 has to be approved by the judge, who also “signs on” to such a plea. Therefore, everyone knows what the sentence will be.
To date, neither defendant has accepted an offer, and neither has made any credible counter offer, although there have been some discussions that have led nowhere. The almost-certain legal strategy IF they go to trial is to claim consent.
If anyone would like to leave a message of support and encouragement, I will happily pass it along. I know it would mean a lot to her.