Thursday, August 16, 2012

The Big Day and a little hope – Pre sentence Hearing

Hi everyone, I wanted to add a little detail about the next step in my legal case.  The Big Day is Tuesday August 28th at 1pm.

I have already signed a plea agreement with the government which admits my guilt. In doing so, I was able to reduce my charges and sentence. This day is when the plea is entered into formal record.  This is also when my status changes from “charged” to “convicted”. 

The problem is that this crime that I am charged with carries what is called a “Mandatory report”, which means that I will be required to go to jail until I have my 2nd Big Day in court for a sentencing hearing (date TBD).  So I will likely be sitting in the Dane county jail system for approximately 90 days until that sentencing hearing.  This is the bad news I received on Tuesday.

Here is the Hope:

In speaking with my attorney, Perry Mason, he is going to make an attempt to convince the judge that I am not a “risk” and that I should be allowed to remain free while I wait for my sentencing hearing.  To keep it brief, he is going to ask the judge to hold onto my plea and NOT enter it into record until the sentence hearing.  There is precedence that this is currently being done in other districts in the USA.  This is a long shot but as Mr. Mason told me, “I have nothing to lose”.

This is a glimmer of hope for us!  It is also an opportunity for God to perform a miracle that will allow the judge to be persuaded and allow me to remain free to spend the next couple of months at home with family and friends.  Perry also warned me to plan to report to jail on the 28th in the event the judge is not willing.  So here is an opportunity to PRAY. 

This first hearing is in a courtroom in the federal building in Madison.  Perry has encouraged me to have immediate family and key people who have participated in my recovery to be present if possible.  The judge looks at the people in the room as evidence that I have not been rejected by those who are closest to me. 

I realize that this is a big request, but if you fall into the category of immediate family, PURE group community, Boomer community, Pastoral support, I invite you to come and witness this event.  I understand that will disrupt your schedule and cost you money to travel, but I have faith that God will do a miracle and you will be a witness to this to testify in your community.  I have put the details below for you in the event you are able to attend.

Please know this from my HEART; I will not feel bad or hurt if you cannot make it!  I am merely asking so that you know this could help.  There is no pressure or guilt if you cannot attend!  I would be remiss if I was not honest by asking you.  If you want to talk about it with us, please call us.  We would love to talk to you anyway!

Here is the website for the Federal Western District of Wisconsin:


This is the building address.  There is a parking ramp on the same block.

United States District Court
120 N. Henry Street, Room 320
Madison, WI 53703
Telephone: (608) 264-5156

This is the link to the docket for that day.  It will be listed in my name.


Court session begins at 1:00pm Changed to 12:30pm

Here is the detail from the court Docket:
 USA V. ERBST, BRYAN - 12-cr-82-wmc
When - Tue, August 28, 1:00pm – 1:30pm  12:30pm- 1:00pm
Where - 250 - Plea Hrg
Description[ID:109337] Plea Hearing 12-cr-82-wmc USA V. ERBST, BRYAN in 250

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