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Accused sexual predator remanded after ‘Goodyear plea’ rejected; bail revoked

Posted: Wednesday, March 9, 2022. 5:40 pm CST.

By BBN Staff: Simeon Austin Ortiz, 34, today refused to take a deal from the Crown for prison time for underage sexual intercourse with a minor, but tonight finds himself behind bars anyway.

New Supreme Court judge Ricardo O’Neal Sandcroft put the question to Ortiz whether he would accept a guilty plea and four years’ imprisonment on two counts of unlawful sexual intercourse with a minor, then aged 14, in 2018.

This afternoon, Ortiz formally rejected the plea. But the case took a turn when the Crown prosecutor provided an affidavit to the court from the accuser, alleging that Ortiz was “interfering” with her.

This is a breach of one of his bail conditions – not to interfere with the virtual complainant or any other prosecution witnesses in the case whilst out on bail – and usually, a serious one that the court comes down heavily on.

Justice Sandcroft did not hesitate to revoke bail and remand Ortiz to the Central Prison at Hattieville until he next comes before him on April 11.

The procedure Justice Sandcroft employed is known as a Goodyear hearing (from the 2005 England and Wales Court of Appeal case). From our research, in Westminster jurisprudence, an accused may ask the court by himself or through an attorney an indication of the maximum sentence that the judge would impose at that stage if the defendant were to plead guilty.

This can include whether the sentence will be custodial or non-custodial, or the maximum custodial sentence that would be imposed. A judge may refuse, but if it is given it is binding on the court unless there is an alteration in sentencing principles from a higher court or changes in national sentencing guidelines. Importantly, the deal only survives for as long as the judge allows it.

Ortiz was not represented by an attorney in court. He faces a minimum of five years and a maximum of twelve on each count of unlawful sexual intercourse.

The court has another matter pending in which the accused has asked for a Goodyear indication, potentially for a lesser plea, but that matter comes up at the end of March.

 

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