When last we left Manhattan Criminal Court, the prosecutors had added two additional charges to the three pending charges of harassment and stalking. Criminal defense attorneys representing Jason Hoppy had stated that the prosecution had failed to provide the necessary discovery regarding the two new charges. In addition, the motion to dismiss by the defense team was denied. A new court date was assigned for today, August, 8th to move forward with the trial regarding the five charges against Jason.
Previously, Hoppy rejected a plea of deal that required he plead guilty to one of the harassment charges and required anger management classes and a full and final order of protection replacing the current temporary order. Hoppy refused to plead guilty to any of the five charges.
Today, it seemed odd to me that the trial did not move forward. Hoppy has made it abundantly clear that he is not going to plead guilty to anything. Why not just proceed today? Wasn’t that what everyone showed up for? I’m guessing we have a jury trial looming.
Today, the judge offered the option of an adjournment in contemplation of dismissal.
This an adjournment of the action with a view to ultimate dismissal of the accusatory instrument in furtherance of justice. Under New York law, in the case of family related cases things would essentially be put on hold and if Hoppy causes no further problems with Frankel within the next year everything would be dropped. At least that is how some news outlets are reporting it.
Sounds good to me. So why did Hoppy refuse the offer of adjournment in contemplation of dismissal?
Because that is only part of what happens. After reading the exact law (CPL § 170.55) there are all sorts of stipulations to this sort of agreement. The court can and likely did include the anger management classes and the implementation of a full and final protective order as part of the adjournment rules. It could also require that the two parties commit to a dispute resolution and “comply with any award or settlement” determined by a mediator. The court could also order that community service be served during all or part of the year of adjournment. So basically, the judge can include all the punishments he wants over the next year if Jason were to accept the adjournment in contemplation of dismissal and the only benefit to him would be there would be no conviction on his record.
So once again, Hoppy has requested to move on with the trial. The new date is September 27, 2017. I predict that he will request a jury trial and his lawyers will repeatedly point out to said jury that he has turned down both a plea deal and an offer of adjournment in contemplation of dismissal in order to clear his name in the face of these charges. If the jury finds in his favor, and if I were betting, I’d bet on an acquittal, he will be able to ask the court for attorneys fees to be paid by Frankel.
So that is a long explanation of why we are in the same place as we were last June.
In other news, the Hoppy Diaries twitter account has finally been removed. It usually knew exactly what happened in court right after court was over. Bethenny has been trying to get it taken down forever. And now, *POOF*!