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OAG motion to reconsider plea deal with robbery suspect denied
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Posted on Mar 14 2012
Superior Court Associate Judge Joseph N. Camacho yesterday denied the government’s motion to reconsider the plea agreement it entered with robbery suspect, Joshua Basaliso.
After listening to the parties’ arguments, Camacho a court may grant a motion for reconsideration where there is an intervening change of controlling law; new evidence; or a need to correct a clear error or prevent manifest injustice.
“None of these bases apply in this case,” the judge noted.
Camacho said assistant attorney general Eileen Wisor admitted that nothing new had come to light in the case, but instead simply urged the court to reconsider its earlier ruling to reject the plea agreement.
“Moreover, no new law, clear error or manifest injustice is argued in the written motion,” Camacho said.
Furthermore, the judge said, even if he were to reconsider the plea agreement it would reach the same conclusion.
The court in its sound discretion, Camacho said, may accept or reject plea agreements.
In this case, Camacho said, the first proposed plea agreement was not in line with the seriousness of the charges.
Camacho said the agreement attempted to dispose of a robbery charge and a conspiracy to commit robbery charge, both of which carry a maximum sentence of 10 years, with a three-month sentence.
Moreover, the judge said, if he credits Basaliso’s testimony during co-defendant Nestor Taitano’s jury trial, it is Basaliso who committed the assault on the 65-year-old victim.
Last March 1, Camacho rejected the government’s plea agreement with Basaliso.
Citing the seriousness of the crimes, Camacho said he is not satisfied with the terms of the plea agreement that the government entered with defendant Joshua Basaliso.
Camacho said he believes imposing a time served sentence in this case will not give a good message to the community.
Camacho then set a jury trial for July 9, 2012.
Under the plea deal, Basaliso will plead guilty to assault and battery.
Basaliso testified for the government in the trial of his cousin and co-defendant, Taitano. He admitted beating up and taking the wallet of Chinese national Guoxi Liang in San Antonio on April 2, 2011. Taitano was acquitted and released from jail.
