Replies to post #203200 on Arrayit Corporation (ARYC)

[rokkdatstock]

Vested interest fantasies with Mark and NeNe Schena must be difficult in the light of the flipped doctor and the SEC and DOJ busting the fraud and conspiracy ring of Arrayit

[Neotide]

After the accepted guilty plea

If she was to try and withdraw after pleading guilty and having it be accepted by the judge there would have to be special circumstances. The burden is very high. As I mentioned during the hearing with Judge Davila he specifically went over these type of issues with her and her lawyer. Many questions were asked about her and her council and the review of the charges. She was asked if she was coerced or any circumstances influencing her to make the guilty plea. She was asked if she was on drugs or alcohol. She was asked if she was explained and understood of her rights she was waiving. He was very specific about what needed to happen to accept the guilty plea. She was charged with a crime and accepted the charges due to the evidence that was presented to her by the DOJ and reviewed by her lawyer. This is totally outside of what happens in the Schena case.

So now, if she did try and wait till after the trial, she would be up against the paragraph listed at the bottom below.

Again this is IMHO that I don't think she would qualify given what I heard in the hearing even if she tried. The statement below makes that pretty clear. But I respect your opinion if you think it's possible.

DELAY IN BRINGING THE MOTION TO WITHDRAW

Beyond requiring an assertion of innocence, courts also demand that defendants take prompt action to make that assertion.

The longer the wait to bring a motion to withdraw a plea, the less likely a court will be to grant the motion. Courts view time lines as a rough proxy for the strength of the reason to withdraw the guilty plea. If a defendant had been truly mistaken in entering the plea, the defendant would move quickly to withdraw it. The longer the defendant waits to withdraw the plea, the less likely the decision was made in error. The longer the defendant waits, the more likely the defendant's motion is based on strategic reasons unrelated to whether the defendant properly entered into the plea agreement.As a method to refine this rough factor of delay, courts evaluate whether the defendant gained any strategic benefit by waiting to withdraw the guilty plea.

Delaying such a motion until after the trial or sentencing of co-defendants could provide the defendant with the opportunity to preview the government's evidence and trial strategy, as well as to discover the potential punishments. If a defendant has enjoyed such benefits through delay, courts examine such motions with a much more discriminating eye. Thus, delay in bringing a motion to withdraw a guilty plea only serves to impose a greater burden on the defendant to convince the court to grant relief

[Longstrongsilver]

Or they didn’t offer him one lol. I gave up following this fraudulent dark shell long ago, but one thing I will say is regardless how any of this goes, Mark is one shady POS.