DOJ-OGR-00000369.jpg

Case 1:19-cr-00490-RMB Document14 Filed 07/15/19 Page 4 of 18 & on OD OH BP WwW DN + oo 10 11 12 13 14 15 16 17 18 19 20 21 22 - 23 24 25 | SORA HEARING page 3 one victim and that is what the defendant plead to. ‘So it is unlike a situation where everything was indicted and then we get to sort of assess points for all of the victims, if it was part of a plea bargain. They did not actually choose to go forward on any except for the one victim. So under the board guidelines, the risk assessment interim guidelines, it actually says, you know, by way of contrast if an offender is not indicted for an offense, it is strong evidence that the offense did not occur and I don't think -- . THE COURT: Do you find that if somebody is not indicted it is strong evidence that it did not occur? MS. GAFFNEY: -I don't know that we can rely on it as clear and convincing evidence if the prosecutor's office never went forward on it. The prosecution said that the victims, although they spoke to the police early on, did not cooperate with them. So we don't have any follow up information. 7 | , THE COURT: But the board found a Level Three. I have to tel] you, I am a little overwhelmed because I have never seen the prosecutor's office do anything like this. I have never seen it. I had a case with one instance it was a marine who went to a bar, and I wish I had the case before me, but he went to a bar and a 17 Vikki J. Benkel Senioi Court Reporter DOJ-OGR- 00000369