Refusal to admit guilt costly to Va. man

This is interesting because in a recent similar case, in Wisconsin their court held the opposite of the Virginia Supreme court. Will this issue go to the U.S. Supreme court?

11-4-2010 Virginia:

RICHMOND, Va. — The Virginia Supreme Court says a defendant can be forced to admit guilt as part of his probation even if he's allowed to withhold such an admission at a plea hearing.

The court on Thursday upheld an Arlington County judge's decision to revoke probation and impose a five-year prison term for a sex offender who refused to admit guilt during court-ordered group therapy.

James Carroll had entered an Alford plea on a rape charge. In an Alford plea, a defendant does not admit guilt but acknowledges there's enough evidence to convict.

The justices rejected Carroll's claim that he could not be required to admit guilt later, saying a person who enters an Alford plea is treated like any other defendant convicted by a judge or jury. ..Source.. by DailyPress.com

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Appeals court sides with De Pere molester Ronnie Peebles

Effectively the circumstances here amount to a forced confession (requirement of treatment program) which violated constutitional rights.

10-30-2010 Wisconsin:

New sentencing ordered for imprisoned man

A De Pere man who admitted to molesting more than 20 children was unfairly sent to prison, because the admission was coerced, the state court of appeals ruled this week.

Ronnie Peebles, 38, was convicted in Brown County Circuit Court in 2005 of one count of first-degree sexual assault of a child. Court records indicate he was a first-time offender, and Brown County Judge Donald Zuidmulder withheld sentence, placed him on probation for five years and ordered that he serve one year in the county jail.

While on probation, Peebles underwent sex offender counseling, during which he was required to provide counselors with information about previous sexual behaviors; refusal to cooperate with counselors would have been a violation of probation, for which he could have been sent to prison, court records indicate.

Peebles told counselors he was a pedophile and had more than 20 victims.

Later, Peebles' probation was revoked for a handful of unrelated rule violations, but during his sentence hearing on revocation, his admission to sex counselors about his prior behavior was presented to Zuidmulder.

Zuidmulder indicated he was surprised by the admission because he'd been told at the original sentencing that Peebles had no prior record of aberrant sexual behavior. Zuidmulder then sentenced Peebles to 25 years of initial confinement and 15 years of extended supervision.

Peebles appealed, saying the use in court of an admission he made in treatment violated his right against self-incrimination. He made the admission under threat of revocation, then had the admission used against him in court, he argued.

Peebles' appeal also was based on ineffective counsel, because his lawyer should have challenged the use of those admissions in court, Peebles said.

The Third District Court of Appeals agreed with him and ordered that Peebles be resentenced on the revocation but without consideration of the admission to additional offenses. No hearing date has been set, and Peebles remains in the Green Bay Correctional Institution.

District Attorney John Zakowski was unavailable Thursday to comment on whether his office would seek a state Supreme Court review of the appellate decision. ..Source.. by By Paul Srubas

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