GOVERNMENT WINS ROUND 2 versus HAGEN
The US Attorney has spanked down David Hagen's attempt at a "do over" for the statements and admissions in his plea agreement. See the previous posts here (dated 10/16, 10/19, and 11/26 among them) in the blog detailing how Hagen tried, had a flawed strategy, how the government responded and now is 2 for 2 in its recent dealings with Herr Hagen.
Now, not only are the affidavits from the banks, bankers and processors admissible as corroboration to the governments wire taps and documents, but David's own statements and admissions made freely and openly to try and cut a deal are also admissible.
In this final ruling, the plea agreement David freely entered into and signed on 10/22/2007, but then tried to take back (as document here he tried... and failed... once before with this tactic) is fully admissible in the proceedings in front of David.
Note, no equivocation from the judge
"In sum, the parties reached a binding plea agreement. Defendant subsequently cooperated in furtherance of that agreement. Defendant refused to enter a plea of guilty. As a result, he breached the plea agreement, and in such a case, under the terms of the agreement, the government is entitled to use in its case-in-chief defendant’s admission of guilt therein and his debriefing statements."
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Note the "defendant subsequently cooperated..." above. Watch for the settlement now quickly moving ahead. And by "settlement" I mean watch him try and give up anyone and everyone he thinks would help get a lesser sentence. (are you listening Ed Ovsenik, Curtis Garth and Ivan Ivanov?)
In the words of the sainted philosopher Roberto Duran, "no mas." Quit now and get a deal Ivan, Ed, Curtis, Annette. David has shot his last feeble load, and, like most of his life, he was shooting blanks.