borden’s attorney, hallahan, is stuck in traffic on 64 and may be an hour or so late. sticking around near the courthouse & catching up on some work on this beautiful morningpic.twitter.com/cUnr5ubrvM
Lead Data Scientist, activist, survivor. Was actually assaulted by an actual right-wing terrorist. Opinions belong only to me, especially the bad ones. she/they
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borden’s attorney, hallahan, is stuck in traffic on 64 and may be an hour or so late. sticking around near the courthouse & catching up on some work on this beautiful morningpic.twitter.com/cUnr5ubrvM
molly 🐶 Retweeted VDOT Culpeper
looks like it may be a while...https://twitter.com/vadotculp/status/998547287168217089?s=21 …
molly 🐶 added,
and we’re back in the courthouse! daniel borden, one of the assailants in the august 12 assault of deandre harris, was scheduled to go to trial 6/5. the docket shows an arraignment today... he’s likely changing his plea to guilty. more soon.
borden entered a plea of guilty to the felony malicious wounding charge. his lawyer clarified that he admits guilt on the assault & battery unlawful wounding charges, but it’s an alford plea to the malicious wounding - “he did not have malice in his heart.”
Alford Pleas are super rare and in my experience usually only allowed when there is an appealable legal issue that will dispose of the case entirely. Only one I’ve seen in the wild was when it went up on appeal and the case was tossed because of a bad warrant.
i believe preston’s was an alford plea as well. i didn’t realize they were uncommon!
They aren’t that uncommon, but perhaps they are for these level of cases. People take Alford pleas for lower level stuff all the time. It’s a “I’m not saying I’m guilty, but the evidence is stacked against me, so if I say not guilty I’m screwed” plea.
i get the impression, at least in these two cases, that they’re saying “i acknowledge i’m on video doing this and if we went to trial i’d make excuses why it wasn’t SO BAD, but yeah i clearly did it and i don’t think a jury would buy my garbage story”
in borden’s case, we saw one man in the same assault go with a “defense of others” defense and another one try to argue there was no malice. both failed spectacularly.
One thing about Alford pleas is they give you the right to retry later if new evidencd emerges. Maybe they're hoping for more video, or maybe they just want to not have a guilty plea on record for potential civil action, which is a high likelihood here.
Though if Borden pleaded for unlawful, that would throw that out the window.
yeah they were very clear that he was going all-in on guilty for the two lesser charges, with the alford plea only to contest the “malice” aspect. the judge was very clear that even with the alford plea, pleading guilty makes it very difficult to appeal & waives 5th amendment.
This is also always the issue about guessing about lawyer strategies cross state, they are often wrong. What works in Charlottesville may not work in my courthouse and vice versa. Good ol’ federalism rears its head.
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