Regarding Arizona vs Bourque. An interestingly long length of time as passed since the Arizona Court of Appeals vacated the conviction (and therefore sentence) of John Bourqu without his being released for for a conviction that is not moot.
Furthermore, almost a month as past since Mr. Bourque's attorney filed a for a Writ of Habeas Corpus for the release of Mr. Bourque, and yet he remains in prison and no court date has been set for a hearing on the matter.
Following are comments drawn form observations, comments, and speculation from observers of this case. There are few conclusions and nothing said should be used to define future or current facts.
People watching this matter in Pima County, some of which are close to the courts, opine that since JB has served more than half of the imposed sentence, that the County Attorney is going to opt NOT to retry the case. Data used to reach this conclusion include the time already served, cost of retrying the case, and the reduced sentence likely to be served after a conviction. Some assert the Judge is not pleased with this case, with its reversal, or with tolerating Mr. Bourque (Oh dah). The original Judge may recuse himself from another trial due to prejudice, so there will most likely be a new judge with the the time and procedural hearings to go with it.
Some watchers suspect that between the court and the prosecutors as much delay as possible (as long as easily accomplished) before release will we arranged in order extend the current punishment because they know there will be no second trial. Those having an opposing point of view concerning retrial, future incarceration, and other moral, legal, or ethical grounds are actually providing encouragement to those holding the view of delaying release until a JB can win the battle to have the Habeas Corpus hearing and ultimate release. Few in the non-public have much understanding of the activities which sometimes happen out of public view and behind the public scenes in circumstances such as this.
One theoretical "speculation" is that the release procedures are being stalled in attempt to negotiate with JB a plea agreement to avoid anther trial. They may be trying to use the time served as a means to reach an agreed upon plea deal for time served in exchange for a guilty plea. This may be important to avoid the possibility of a JB suit for false imprisonment if the case is just dropped. However, JB may see a possibility of freedom without the problem of this multiple strike against him and the effects the guilty result may have on his future business efforts.
Whatever the public and non-public circumstances may be, the status may change quickly and on any day.
How does this affect the stock of Bourque Industries Inc? I shall not opine on that now. However, if no retrial is held then JB will be released and there will be no conviction over his head.
Interesting drama this is.
