I was sickened to read this story in the Louisville Courier-Journal.
Here is the short version for those who don't feel like clicking on the link.
A man was arrested and charged with murdering, raping, and robbing a woman. While detained he admitted committing the crimes to a fellow inmate. The second inmate made a deal with the prosecution to testify in exchange for a more lenient sentence on his robbery conviction. The prosecutor agrees and requests leniency from the judge.
While I'm not overly thrilled about Convict #2 winning the jailhouse lottery, I suppose it isn't terribly uncommon. However, here's where everything goes to hell.
The prosecutor DOES NOT disclose this to the defense. Further, Convict #2 testifies he did not receive a deal. Convict #1's lawyers obtain courtroom footage with audio where you can clearly see and hear the prosecutor making a plea for convict #2 because he is helping in another case. Are you freaking serious? The prosecutor didn't know there was a camera?
As a result, a man "who had been facing the death penalty on charges of murder, robbery, sodomy and tampering with physical evidence" was given a plea bargain with a 10-year sentence and is now eligible for parole.
For whatever reason, the prosecutor did not believe in the system. She did not trust a jury could see past the 'deal' and find the truth. In the end, she was fired resigned, Convict #2 is being investigated for perjury, and, most tragically, the family and friends of the victim are left without closure. Sucker-punched by someone who was supposed to help.
Now, this is a real estate blog and I try to stay on topic. The point here is simple. Systems exist for a reason. While you may think it better to 'forget' problems with your home, tell the truth on your Seller's Disclosure form. Trust that buyers (or at least their agents) will understand homes are seldom perfect. The consequences of not doing so are trivial in comparison to the above, but you could easily end up at the wrong end of a judgment costing you much more than if you had been truthful.
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Erik Hitzelberger is a licensed REALTOR with RE/MAX Alliance in Louisville. If you need a Louisville Real Estate agent please email me or call 502.921.3989.
I specialize in the following areas of the Metro Louisville Area: Prospect, Middletown, Jeffersontown (J-Town), Fern Creek, Okolona, Shepherdsville, Mt Washington, Hillview, Brooks and Pewee Valley. Click the following links to learn more about Louisville and Bullitt County Real Estate or to Search for Louisville Homes
