I always fine these very sad articles to read - fallen idols?

MACKTEXAS said:
He pled guilty.
Follow up story on his conviction
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From that same story:

Although Bjorklund initially denied being intoxicated, a preliminary breath test registered his blood alcohol content at 0.26%, more than three times the legal limit for driving in Minnesota. A police officer at the scene observed Bjorklund losing his balance and falling backward onto the roadway, while also detecting the odor of alcohol coming from him. Officers found an open bottle of Bacardi Rum on the front passenger floorboard of Bjorklund’s vehicle after his arrest.

I'm glad that he came to his senses and pled guilty.
 
DailyArtsyCrafter said:
From that same story:

Although Bjorklund initially denied being intoxicated, a preliminary breath test registered his blood alcohol content at 0.26%, more than three times the legal limit for driving in Minnesota. A police officer at the scene observed Bjorklund losing his balance and falling backward onto the roadway, while also detecting the odor of alcohol coming from him. Officers found an open bottle of Bacardi Rum on the front passenger floorboard of Bjorklund’s vehicle after his arrest.

I'm glad that he came to his senses and pled guilty.
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Thanks. Yes I saw that about him initially denying it. I think many times the decision on how to plead is based on advice from the attorney. To plead not guilty, but then be found guilty could result in a worse outcome than pleading guilty if the court has offered a plea deal in exchange for doing so. Also, there was the alcohol breath test that showed him way over the legal limit, so he really had no basis to prevail in a not guilty plea.
 
@MACKTEXAS

The government has to prove, beyond a reasonable doubt, that the defendant is guilty of each element of a crime charged. The defendant does not have to prove his/her innocence. At this point, no matter what anyone thinks, the case will go to the jury. The jury is the finder of fact. Period. So if they find sufficient evidence that the defendant is guilty, that's the end of it (unless there is an appeal).

If the defendant pleads not guilty, it simply means that the government has to meet its burden of proof. And that's it. No admission or denial of factual guilt is involved.

If the defendant pleads guilty, then the defendant is admitting that s/he committed the crime. This doesn't mean the defendant is factually guilty. Sometimes the defendant will plead to get a lighter sentence because s/he is afraid if they go to trial, they will be found guilty even though they are factually innocent.

If a defendant is convicted, s/he is legally guilty of the crime. But s/he still may be factually innocent. Understand that factually innocent means that the defendant is truthfully innocent.
 
WheatenLover said:
@MACKTEXAS

The government has to prove, beyond a reasonable doubt, that the defendant is guilty of each element of a crime charged. (1) The defendant does not have to prove his/her innocence. (2) At this point, no matter what anyone thinks, the case will go to the jury. The jury is the finder of fact. Period. So if they find sufficient evidence that the defendant is guilty, that's the end of it (unless there is an appeal).

If the defendant pleads not guilty, it simply means that the government has to meet its burden of proof. And that's it. No admission or denial of factual guilt is involved.

If the defendant pleads guilty, then the defendant is admitting that s/he committed the crime. (3) This doesn't mean the defendant is factually guilty. Sometimes the defendant will plead to get a lighter sentence because s/he is afraid if they go to trial, they will be found guilty even though they are factually innocent.

If a defendant is convicted, s/he is legally guilty of the crime. But s/he still may be factually innocent. Understand that factually innocent means that the defendant is truthfully innocent.
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(1) Yes, that is a known, fundamental principle of law.

(2) No. The Bjorklund case is not going to a jury, nor anywhere else. It was settled in a plea deal of guilty and decided by a judge, as are the majority of criminal cases in the United States, per NPR.
The defense attorney and prosecutor negotiate the terms of the plea deal, and the client can consent or refuse the proposed agreement.

(3) I'm aware of that. In this case, his breath test would have been a significant obstacle to overcome.
 
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hearlady said:
Mary Lou Retton was recently arrested for DUI and it was all on YouTube. It made me cringe and feel for her but hopefully the public shame pushed her to seek help. I hope it saved her.
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Mary Lou Retton recently faced a difficult health battle- a life-threatening fight with a rare form of pneumonia in late 2023 and early 2024, which caused permanent damage to her lungs and left her reliant on oxygen and long-term recovery.
 
When I hear of someone who landed in the limelight at a very young age and everything
was about them, then for whatever reason years later they could be passed on the street
and not one person knew them... That has to effect them. That is not a reason for many things
but I can sure understand why the inner turmoil they must go through.
 
Just because a person has celebrity status doesn’t mean they can bend the rules. If anything, they should be more accountable as their celebrity status is due to the public keeping them famous. Drunk/impaired driving is a very irresponsible act.
 
MACKTEXAS said:
(1) Yes, that is a known, fundamental principle of law.

(2) No. The Bjorklund case is not going to a jury, nor anywhere else. It was settled in a plea deal of guilty and decided by a judge, as are the majority of criminal cases in the United States, per NPR.
The defense attorney and prosecutor negotiate the terms of the plea deal, and the client can consent or refuse the proposed agreement.

(3) I'm aware of that. In this case, his breath test would have been a significant obstacle to overcome.
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Thanks. I wasn't discussing the Bjorklund case. My second career was that of being a criminal defense attorney. Mack, you would not believe how many people think things regarding criminal law that are not true.

What I said in that post is an example of what over half of the people have talked to have not fully understand. This includes criminals. It's a big problem if these folks are on the jury, because I can tell you this from experience. A lot of people will say they understand the law. But what they believe is something else altogether.

Yeah, there are lot of plea deals. That's a bit of complicated subject.
 
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Nathan said:
Mary Lou Retton recently faced a difficult health battle- a life-threatening fight with a rare form of pneumonia in late 2023 and early 2024, which caused permanent damage to her lungs and left her reliant on oxygen and long-term recovery.
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She was wearing oxygen when she was arrested. Alcohol addiction doesn't care.
 
WheatenLover said:
Thanks. I wasn't discussing the Bjorklund case. My second career was that of being a criminal defense attorney. Mack, you would not believe how many people think things regarding criminal law that are not true.

What I said in that post is an example of what over half of the people have talked to have not fully understand. This includes criminals. It's a big problem if these folks are on the jury, because I can tell you this from experience. A lot of people will say they understand the law. But what they believe is something else altogether.

Yeah, there are lot of plea deals. That's a bit of complicated subject.
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Well, I was in accounting, not law, so I wouldn't attempt to challenge anyone's legal background. I thought our remarks were limited to the Bjorkland case, and was addressing it from that perspective.

As for Bjorkland, the key evidence against him seemed to be the breath test. But even then, an experienced defense attorney can challenge the validity of the breathalyzer results, how they were obtained, etc. - and that has been done successfully.
 

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