@@PlasmaStorm73-N5EVVThis isn't true at all. Judges are not beholden to a plea deal. They are beholden to sentencing guidelines passed by State legislature.
yes! I was like, this mofo really doesn't care, I bet that tune brought the chair upright when the judge said, nah, you going to prison today you disgusting phuc.
@@WildDisasterthat dude is defending a sociopath, it's like people defending anything Trump does, you can't get through to him. Yes, a judge can def overturn a plea deal if it is not consistent with law. That d-bag was gonna get away with serious crimes with mandatory jail time and the judge wouldn't allow it, which is his job.
Exactly, because this is exactly how Epstein got off in Palm Beach Florida, the victims were never notified. That is just wrong and should never be able to stand.
@@PeteOttonYes. The judge will follow sentencing guidelines which are often harsher than a plea deal negotiation. He was facing 12 felony charges from 8 defendants originally, so he thought he was golden with the plea deal. He thought he got off easy. What turned the tide were the victim impact statements during his sentencing.
I know people who plead guilty to something they didn't do because of the cost to fight it and the fear they might get convicted. This happens all the time. The move by the judge puts the system at risk.
What an absolute sociopath! The utter arrogance of him sitting back in his chair while taking zero responsibility for his actions!! He should be on the SA registry!
perfect, yes, he's a sociopath and so sure of himself sitting so casually. I'd like to seen his face as the cuffs ratcheted around his wrists. Love this, I hope he spends the maximum time in prison. He has no remorse and feels so entitled to do as he chooses.
Yep, that arrogant look he was dishing out came back to bite this creepy crawler hard today. Good to see such a judge rule against such a ridiculously soft pleas deal.
Thank you for your brilliant legal analysis. "I disagree with the deal, so everyone should be thrown in jail!" What law school did you graduate from? Pillock University?
"I really do feel sorry for those who feel so upset about things". That has to be the most egregious non-apology I have ever heard. The prosecuting attorney needs to develop a better work ethic and actually go to trial instead of being lazy and try to let this guy skate because it makes his job easier.
Glad to see the reporter called him out when he tried to blame others. The fact that he is still blaming others for his actions indicate the judge made a good choice in this matter Maybe some jail time will given him time to think about his actions.
Evil Rab Thompson lives in a far off land and sat stuffing his face with fresh fish and fries, washed down with a cold Lilt. Why Thompson should be on that registry too but lives in an easy place.
Do you say the same for the scum bag who burned Jessica Chambers alive and stabbed a Korean exchange student to death. I'm guessing you wont because the killer a black male.
“I really do feel sorry for everybody who’s so upset over things, and I can understand why.” That’s not an apology, buddy. That’s “I’m sorry you’re mad.” Guh, even in a courtroom, staring down prison time, he can’t even admit what he did was wrong.
Why should he admit he's wrong when our court system offers this turd a very good plea deal? He reminds me of someone......Sexual prediter's are not treated well in prison.
🤷♂️ ~ What about people who are later proven to be definitely innocent, but they’re scared the jury is going to side with the prosecution like they usually do, so they agreed to plead guilty with a small amount of punishment to hedge their bets, but then the judge sentences them to prison for much longer than they were supposed to go. That’s not fair when you worked at a certain deal. Also, in the future if you have a case that everybody believes it’s almost impossible to win, so the prosecutor can only get a small punishment for the criminal or no punishment at all, is that criminal really gonna be willing to plead guilty and at least take a small punishment if that criminal knows that the judge can just throughout the agreement and send them to a long time in prison? What if some guy sexually abused A child, but the child was terrified to testify. So the prosecutor knew in the end the child would not testify or they weren’t willing to make the child’s fight because it would traumatize them so much more. So they wanted to put the offender on the registry list and at least give them two years of prison and 15 years of supervised release afterwards to really watch them closely, is the defendant really going to take that deal since they know the judge can just throw out the deal and since then to 20 years in prison? So instead the defendant just says he’s going to go to trial because basically he is 99% sure that the child will not show up to testify because they’re so terrified and the parents will not let the child go through that. So now rather than having this criminal have a small punishment and be supervised for the next 15 years, they walk away scot-free. Respectfully, I feel like people in your position often times look at things kind of one dimensionally. And it’s not an insult, because it’s difficult to go through life and do a deep dive into every situation that we hear about. But I feel like you look at things like I said kind of one-dimensional. You believe that the one decision will not have any unintended consequences. But when you throw a rock in the pool there’s ripples that are felt throughout the entire body of Water.
@iMatti00 The judge showed outstanding wisdom in HIS CASE. It's not the court's business how the decision "might affect" any other case the future. PS, This guy already pled guilty.
Piss at a park at 3 AM you go to prison for 3 and end up on the registry but extort women for sex and you get a plead deal that keeps you off the registry... And they really wonder why a majority of the population hates this system at this point? These guys can't get anything right in any situation the first time dude and yet we just let them keep all this power over us...
I hope that if you're accused of a crime, ESPECIALLY if you're factually innocent, that the jury has plenty of MORONS like yourself. But a dumba$$ like yourself probably WOULD get picked for jury duty over myself, because I judge matters based on evidence, while you evaluate based on nonsensical and subjective criteria.
@@macharrington7733 If I'm on a jury and I catch you leaning back in your chair, I'll be sure to throw the book at you and vote guilty. The nerve of some defendants.
No matter what he did, the prosecution should not be able to rug-pull him like that. If the "withdraw the guilty plea" clause was contrary to Utah law, then the prosecutor should not be able to put it in the deal.
@@TruthyToo The prosecutor put it in the deal. If prosecutors are allowed to bait & switch deals then there would be no end to the injustice. I'm not saying the dude didn't deserve jail, just that the prosecutor shouldn't have been able to rope-a-dope him like that.
So why send him to prison if it will make no difference? You americans are a dumb bunch. Will you ever catch up with the rest of the world and actually rehabilitate members of your society that fall behind? Great judge? He just handed them a slam dunk appeal. There are two 10th circuit cases on this very subject. He convicted an individual absent a plea, and absent a trial.
His true self was all over his face after the judge denied the plea deal. What a sob. He's going to hate prison which just makes it so much sweeter, he totally thought he was going home. 😂
He was so smug, absolutely believed he'd just walk out of that courtroom to go back to his criminal behavior. And it sounded like the defense for this guy was calling the shots..."that's the best the defense would agree to"...when describing the plea deal. Seriously? Stop allowing these predators to call the shots.
It's because it's a game to them. Lawyers don't care about getting justice. They just care about getting the W on their record. It's also because without plea deals courts would be massively backed up. Logistically the system cannot function without those shortcuts.
@@invisobill2125 Not too good. The prosecutor has refused to bring other charges because the judge screwed things up. The judge can't give him more years in prison for those crimes since he's not being charged. The judge played the short game and now the Con might get out in only 1 year. Also, the phrase is: You're just as wrong as ever. Somehow you screwed that up too, smh.
The body language of the woman he is holding by the shoulders is even suspicious! Thank God this judge recognized the justice that is needed here!!! 🙏🏻
Ya, more people who will make the government a liar and destroy any trust anyone might have in a deal the government makes, and who will effectively imprison someone by tricking them out of having a fair trial. That would be fantastic.
There are so many people serving time for non-injurious crimes like possession of marijuana. And so many other violent offenders being released. It is very nice to hear a story where a person who did harm to others serves some real penalty. Having money shouldn't let you injure others without real penalty.
@@PAMELAPORTER-ci7mr Please keep the violent and sexual offenders and people who prey on vulnerable people off the streets. Weed offenses are not important in most of the states now (and at least two Presidents), and some people should be released. Make room for really bad people and keep them there.
Utah has jurisdictions that have different laws than the laws the rest of the states, counties, and cities in the USA. Like Washington DC...the rights for the people are slightly different and you need to know these things before you move into a place like that or set a business up in them. This lack of rights in Utah is nothing new. The constitution..... what's that
@@traceydc I don't know what you're talking about bro LOL Utah has some of the best rulings/laws that correlate with the second and first amendments...
@@EtherealAriel A lot of these predators are really smooth and the women fall for it, as we see in this case. It’s been this way forever and not likely to change anytime soon. Sad but true. “But,….I love him!”
Shame on the DA “for playing the long game”. In this case playing the long game means other women would be victimized. Hopefully his sentence will be upheld after appeal.
Correction: The sweetheart deal is between the criminal and the lazy corrupt DA. The Court is under no obligation to agree to the deal. When a deal is so egregeous, ala the Jeffrey Epstein deal in Florida, a Judge with integrity should scruitinize the deal to determine if the deal is just. It is up to the corrupt DA to sell the sweetheart deal to the Judge.@@PlasmaStorm73-N5EVV
yea lets just play the short game...get the person arrested for a month instead of...............you don't seem to get the point of justice. Its not for the victim, but for the FUTURE victims...
@@PlasmaStorm73-N5EVV He may win that point on appeal but then he goes to trial and may wind up with a longer sentence than he has now. I don't know what a 1 to 15 sentence means in Utah but if he is able to be on parole in a year or less he may consider that the better outcome.
@@Subangelis if a judge passes sentence then it can't be over turned. Only the governor or president can in some cases. This judge did his job like he supposed to.
@@eligebrown8998 Except he can't pass sentence. The guilty plea is only contingent on the plea deal. Since the judge rejected the plea deal, the guilty plea is no longer enforceable. Utah Rules of Criminal Procedure, Rule 11. (i) Plea agreements. (i)(3) If the judge then decides that final disposition should not be in conformity with the plea agreement, the judge must advise the parties as to the nature of the divergence from the plea agreement and then call upon the parties to either affirm or withdraw from the plea agreement.
@@eligebrown8998 Not so. Appeals court can overrule. Alternatively since sentence is prima facie unlawful the imprisonment will be challenged in one day by habeus corpus petition
The plea deal is binding between the prosecution and the state. The judge is not a party to it and it is not binding on the court. What's binding on the defendant is the no right to withdraw under Utah law except under circumstances that don't apply in this case because he wanted to withdraw after the sentence is rendered, which is not allowed. The sentence recommendation in the plea deal is also not binding on the judge. But the guilty plea itself is binding to the court. The prosecution cannot oppose a withdrawal of the plea deal because the terms said he could withdraw, but the judge doesn't have to let him out of it.
He actually said with such an arrogant look on his face, "I really feel sorry for everyone who's upset over things, and I can understand why." ????!. Total psychopath. He's absolutely remorseless! So glad he's going to prison. Hope he's locked up for 15 years! Disgusting criminal.
its possible that since the judge ignored the plea deal that the judge will either have to recuse himself, or the case can get thrown out and he gets to walk....so what do you want, due process where a guilty man goes to jail, or a judge that jumps the gun and makes it so that person gets to walk free because their due process was ignored...
"that was the best deal that we could get him to agree to." Huh!? What about the other part where the Prosecutor goes to trial and tries to win conviction? Looks like the DA just wanted to clear their backlog. SMH.
The majority of cases are plead out before going to trial. If all cases were to go to trial, the courts would be even more clogged than the already are. Check the stats.
Seems like the prosecutor is more concerned about working with the defense than justice. "That was the best deal they would agree to." Then bring the creep to trial.
Because, it's a "slippery slope", when it comes to the definition of sexual "abuse"... They consented to the sex...On the (either indirect or direct) assumption he would stick around...This would establish case law where every failed relationship involved "sex abuse"..."You said you would only love me, and would never leave!!!"...
@@brentfarvors192 "They consented to the sex...On the (either indirect or direct) assumption he would stick around...." Uh, no they did not. The "forcible sexual abuse" charges do not involve women who gave consent under any pretense. Now, from what bits of information about the allegations & circumstances I can find [at least within the time window I'm willing to look the information,] I'm a little unsure as to whether or not I think he should be permanently put on the sex offenders list for his known actions. On the one hand the behavior is definitely quite a bit less severe than what most people view those on the sex offenders list would think of as the least severe crime someone on the list could have committed to be there. On the other hand given that they incidents involve 4 or 5 different women at various times which is a pattern of behavior making it all as a whole greater than the sum of its parts. So, I'm not really sure which side of that question I would ultimately end up on if knowing more of the details and/or giving it more thorough consideration.
@@stevelarson3391 buddy you are alive and well, he's not in for a world of hurt, he's in for free room and board. a timeout. get over yourself you convict.
It's about time the Judiciary grew a pair! I'm moving to Utah. Coming from Seattle crimes are not prosecuted and criminals are caught and released daily.
I don't care if the prisons are packed like sardine tins. For this SOB I'd volunteer to grab a crow bar and MAKE room for his arrogant arse. He can spoon with Bubba for the next 15 years...
Actually, they’re literally all over capacity. Our jails are incredibly crowded and we have the highest incarceration rate per capita for a developed country. What reality are you living in?
Amazing that some people get plea deals that are basically a slap on the wrist and a get out of jail free card while others get 10 years in jail. Justice may be blind but in some cases it's also ignorant and stupid. It seems to me that much of this comes down to the integrity and skills of the prosecutor.
@@RichardsWorld You're innocent until FOUND guilty, whether proven at trial, OR, you accept giving a "Nolo Contendere" or "Guilty" plea, and the Judge accepts it and finds guilt. Then you're "innocent" no more, unless said conviction is overturned.
There is no such thing as a good plea deal in this case. It merely allowed the prosecutor to finish quickly and then allowed the offender to get of with an administrative sanction. Justice in America is a bought and sold joke. I am surprised it isn't listed on the commodities market. Well done, the judge.
Actually, the plea deal has to be approved and accepted by the judge BEFORE any of it goes into effect, including that clause. It is not the fault of the judge that the defendant stated, for the record, he is guilty of the crimes against him, BEFORE learning if the plea agreement was acceptable to the judge. That blame lies at his attorney's feet. The judge did not breach the contract because there was no plea agreement (contract) in effect at the time he pled guilty. Just because he thought there was has no bearing on the fact. He thought wrong.
Perhaps, but that judge just obliterated the concept of plea deals in their area. Only a fool would be stupid enough to accept one going forward knowing that the judge could just throw it out the window. And that's regardless of whether you're innocent or guilty. Plea deals are now officially a trap. Take your chances and go through the full trial.
Exactly! The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane.
@@abetterfuture4787 There was NO PLEA DEAL! There was an agreement between the prosecutor and defendant but until it is approved/accepted by a judge it is not a plea deal.
yea this judge basically is helping him get set free. If you ignore the law, even a guilty person can be set free, and this is what ignoring laws look like
I wish he’d been allowed to withdraw his guilty plea! It is certainly going to be overturned on appeal and also, he could/SHOULD get a much longer sentence after trial than ONE year!!
It's one year- fifteen. He is eligible for a parole hearing after one yr, he will be turned down, and then eligible every two years. Every time he makes an infraction of prison rules, (and he will...), another 40 days to be added. If he gets into flights, disobeys orders, destroys properties, sexual misconduct, intimidation , he gets more time added. Fear not, he will not get out in a yr. He's too arrogant. M
It would hurt his upcoming run for the Utah State Senate. Or likely one of the victims cried on the shoulder of her LDS bishop, and word got out in that LDS ward/stake, and the judge's wife is upset about it. Me, I've no sympathy for that cretin, but rejecting the ability to withdraw the guilty plea since the judge wouldn't agree to let him off with probation and restitution (likely also with court costs and a hefty fine) was STUPID. It'll be overturned, the plea bargaining process is not supposed to be "judge roulette".
Because that is how the system works. Most cases are decided thru plea deals. If every case were litigated, the courts would be even more clogged than they are. In this case, by not accepting the deal that was worked out between prosecution and defense, the judge injected more life into the case, instead of closing it. Next stop, appeals court.
Because we live in a country with tens of thousands of laws, and the average person is guilty of breaking several laws per day without even knowing it. If we actually had full criminal trials, the courts would be backed up decades. There are barely enough lawyers and judges as it is with the plea deals in place. Here's a fun little thing for you to do....go look up the average amount of time a public defender gets to spend on a case for their client. Not the paid professionals, the free legal representation. Go look it up so you're not having to take my word on it. Now imagine that you have been falsely accused of a crime and you don't have money for expensive lawyers and drawn out battles. That pitiful amount of time your public defender gets to look at your case, do you REALLY want to reduce that even further? That's why. Simple logistics is the answer.
He will appeal and his lawyers will find a different judge who will put the deal back on the table or let him off completely on a technicality. The victims may never see any of the money and several of them likely need it for therapy.
Hopefully not! Or hopefully someone will help him (see the error of his ways) while hes in prison and he wont be able to walk out, under his own power!
No matter how long he servers in prison . When he gets out he will go right back doing the same thing again and again. He just can't help himself, he is a danger to society !
For those interested, Utah Rules of Criminal Procedure Rule 11(i)(3) If the judge then decides that final disposition should not be in conformity with the plea agreement, the judge must advise the parties as to the nature of the divergence from the plea agreement and then call upon the parties to either affirm or withdraw from the plea agreement. This judge violated Rule 11.
Thank you for providing the rule. When this is likely overturned on appeal, will the judge's actions likely negatively impact the ability to now try this guy? Or would it be akin to a mistrial?
@@PeteOtton That's hard to predict beyond the defendant will be allowed to withdraw his plea. I believe the judge's actions should be referred to the Judicial Conduct Commission for discipline. He knew this was a conditional plea and not simply a sentence recommendation by the the prosecution. He knew the defendant could withdraw his plea and the correct Rule of Criminal Procedure was cited in the agreement. He knowingly violated the defendant's rights and misstated the law.
The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane. Do you think you know Utah law better than a Utah Judge?
That is false. The Rules of Criminal Procedure ARE the law in Utah and he as the judge in the case is confined by what the statutes say. He can't pronounce a different one from the bench. He doesn't get to preapprove anything related to a plea agreement.@@_Y.Not_
@@Insomnious8 There is NO PLEA DEAL until the judge agrees that there is one! The prosecutor and defense lawyer don't get to determine sentences in any case regardless of ANY statute, that's ridiculous, it is the judge who determines the sentence in this case and he did not approve it therefore there is NO PLEA DEAL, this is not hard dude.
I have no problem with a judge not agreeing to plea deals. But defendants SHOULD be able to withdraw their guilty plea. Without that ability, the court is asking them to sign a blank check.
Lock them ALL UP if found guilty- in the deepest darkest hole you can find slam the gate and throw the key away. We have no use for people like this in our society.
The guy deserves prison, but I am not sure what the judge did was legal. Essentially reneging on a deal the prosecution agreed to. He could have said, this deal is too lenient for the crime go back a negotiate some more. I think the defense has grounds for an appeal.
What justice?? Instead of closing the file on this case, it continues on, no end in sight. Instead of victim restitution, the $300 000 that were supposed to go to the women as per the plea agreement will now be used to continue paying his lawyer.
The best deal the defense would agree too? What does that mean. You had 7 women who were willing to testify to sexual assaults and more who were willing to testify to money stolen. The defendant and his attorney thought throwing some money around would keep him out of jail. The DA failed those women and the people he's there to protect.
This guy deserves hard time, but he absolutely has the right to withdraw his guilty plea if the judge rejects it. That's what a deal is. Why not offer everyone a deal and reject it after the guilty plea then? It certainly would save litigation time. This will certainly get overturned on appeal. Thankfully, convicting him at trial will likely result in MORE prison time for him, so it'll all work out as it should.
If indeed he's guilty, I've no issue with him doing a few years in the "jug" once the jury convicts him, IF and ONLY if he has no felony priors. If he's already a felon, then throw the friggin' book at him...
There WAS NO PLEA DEAL! Until the judge approves it, it is simply an agreement between the prosecutor and his attorney. The judge is NOT bound by any agreement they strike and stated so in open court. The judge made it clear in court that the agreement was between the Prosecutor and defense and was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane.
Like most ppl, I got a good laugh watching him walk into court confident that he'd be a free man only to discover his plea deal had disintegrated before a strict jurist & now he's off to prison for 1-15yrs
What about people who are later proven to be definitely innocent, but they’re scared the jury is going to side with the prosecution like they usually do, so they agreed to plead guilty with a small amount of punishment to hedge their bets, but then the judge sentences them to prison for much longer than they were supposed to go. That’s not fair when you worked at a certain deal. Also, in the future if you have a case that everybody believes it’s almost impossible to win, so the prosecutor can only get a small punishment for the criminal or no punishment at all, is that criminal really gonna be willing to plead guilty and at least take a small punishment if that criminal knows that the judge can just throughout the agreement and send them to a long time in prison? What if some guy sexually abused A child, but the child was terrified to testify. So the prosecutor knew in the end the child would not testify or they weren’t willing to make the child’s fight because it would traumatize them so much more. So they wanted to put the offender on the registry list and at least give them two years of prison and 15 years of supervised release afterwards to really watch them closely, is the defendant really going to take that deal since they know the judge can just throw out the deal and since then to 20 years in prison? So instead the defendant just says he’s going to go to trial because basically he is 99% sure that the child will not show up to testify because they’re so terrified and the parents will not let the child go through that. So now rather than having this criminal have a small punishment and be supervised for the next 15 years, they walk away scot-free. Respectfully, I feel like people in your position often times look at things kind of one dimensionally. And it’s not an insult, because it’s difficult to go through life and do a deep dive into every situation that we hear about. But I feel like you look at things like I said kind of one-dimensional. You believe that the one decision will not have any unintended consequences. But when you throw a rock in the pool there’s ripples that are felt throughout the entire body of Water.b
That young lady who is with him looks like she's going to have bruises after she gets in the car he was definitely making me feel like she's getting manhandled and is uncomfortable standing next to him is her vibe I would hate to be her when I got home! I hope she's safe and thank you to the judge who did the right thing protecting our children from Monsters
Former prosecutor here. The appeal court is going to reverse the judge here. He then needs to be convicted by jury and then be given a nice long sentence.
Get outta here, former prosecutor my aunt fanny, if you were you were about as good as this one, which is to say not very. The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane. Actually, the plea deal has to be approved and accepted by the judge BEFORE any of it goes into effect, including that clause. It is not the fault of the judge that the defendant stated, for the record, he is guilty of the crimes against him, BEFORE learning if the plea agreement was acceptable to the judge. That blame lies at his attorney's feet. The judge did not breach the contract because there was no plea agreement (contract) in effect at the time he pled guilty. Just because he thought there was has no bearing on the fact. He thought wrong and apparently so did you!
Where the judge screwed up at is not letting him withdraw his guilty plea. That will likely come back to bite him. Let him withdraw the plea, have a trial, then convict him and sentence him. This judge doesn't watch Law & Order.
Actually that is exactly how Law and Order would play it out. Those boot licking shows need to be canceled. Law enforcement is boring work. Trials are boring work.
I hope that it doesn't negatively affect the possibility of a trial after appeal. The prosecutors should be sanctioned up to and possibly including disbarment.
What's the deal anyway ? If there is a superior judgement canceling the plea deal (as it should IMO) then dude will get his trial and get sentenced anyway. The superior court cannot force the judge to accept the plea deal but it can force it to be cancelled.
@@12345fowler He didn’t get a trial. He had to plead guilty to get the deal as per usual. The judge said he couldn’t change his plea as he had already pleaded guilty. The judge was wrong. He is allowed to change his plea and ask for a jury trial.
If this doesn't get reversed, make sure that everybody you know is aware that plea deals are now for all intents and purposes, traps. There is no point in agreeing to one if the judge is simply going to say "Well durrr, you said you were guilty so we're going to trial!" Force a trial, no matter how small the offense.
The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane.
WHAT IS WRONG WITH SOME OF THIS PROSECUTORS. IF he commits another crime?! All they were doing was giving him a chance to perfect his swindling. And this guy has the NERVE to blame the news people! He should have just kept his mouth shut. BRUH! YOU'RE GUILTY AS HECK! KICK ROCKS!!
The arrogance of this guy, he sat leaning back in his chair and acted as if he was untouchable. Good riddance
He looks just like that when he's waiting for church to start.......
i thought the same thing joshua.
@@PlasmaStorm73-N5EVVThis isn't true at all. Judges are not beholden to a plea deal. They are beholden to sentencing guidelines passed by State legislature.
yes! I was like, this mofo really doesn't care, I bet that tune brought the chair upright when the judge said, nah, you going to prison today you disgusting phuc.
@@WildDisasterthat dude is defending a sociopath, it's like people defending anything Trump does, you can't get through to him. Yes, a judge can def overturn a plea deal if it is not consistent with law. That d-bag was gonna get away with serious crimes with mandatory jail time and the judge wouldn't allow it, which is his job.
The victims weren't notified about hearings. The DA should be held accountable.
Nonsense
@@mja91352 What's nonsense exactly, troll? Spell it out like a man would.
Exactly, because this is exactly how Epstein got off in Palm Beach Florida, the victims were never notified. That is just wrong and should never be able to stand.
Good ol woke progressive DA's
"Innocent until proven guilty." But you Pleaded Guilty
I know. Dude's a complete MAGA moron
If he is found guilty by a jury can the judge then impose a longer sentence?
@@PeteOttonYes. The judge will follow sentencing guidelines which are often harsher than a plea deal negotiation. He was facing 12 felony charges from 8 defendants originally, so he thought he was golden with the plea deal. He thought he got off easy. What turned the tide were the victim impact statements during his sentencing.
😂
I know people who plead guilty to something they didn't do because of the cost to fight it and the fear they might get convicted.
This happens all the time. The move by the judge puts the system at risk.
The district attorney should be disbarred for creating such a horrible deal for the protection of the citizens.
Holy crap you can just see the arrogance and utter disregard for anyone but himself oozing from that man. Utter sociopath.
Human sewer!
What an absolute sociopath! The utter arrogance of him sitting back in his chair while taking zero responsibility for his actions!! He should be on the SA registry!
Not to mention walking into court with a broad on his arm wearing a crop top exposing her midsection.
Just like trump!
perfect, yes, he's a sociopath and so sure of himself sitting so casually. I'd like to seen his face as the cuffs ratcheted around his wrists. Love this, I hope he spends the maximum time in prison. He has no remorse and feels so entitled to do as he chooses.
@@mb-3faze Keep believing what "they" tell you, it will work out well for you in the end, promise.
@@DinDooIt Can you remember when trump last told the truth? Nah - me neither.
His body language says it all. Thank you, judge.
Your thought process as well. We need to lock you up right next to him in the same cell ;-)
@@Robert-ch2jw Next to you.
Yep, that arrogant look he was dishing out came back to bite this creepy crawler hard today. Good to see such a judge rule against such a ridiculously soft pleas deal.
It really does!
He was trying to stroke the reporter on the way into court - the guy cannot stop the hustle. - Straight up predator.
The DA who approved this deal should be sentenced too.
Indeed. They are suppose to protect us the victims. This DA protected the Predator.
Thank you for your brilliant legal analysis. "I disagree with the deal, so everyone should be thrown in jail!" What law school did you graduate from? Pillock University?
@@nuh_uh_ur_dumb Writing from behind Bars?
The prosecutor with the long beard probably had sympathy for the defense, especially based on his comment on this video
@@nuh_uh_ur_dumb With a handle like @nuh_uh_ur_dumb, it’s clear you didn’t graduate from the School of Basic Literacy!
"I really do feel sorry for those who feel so upset about things". That has to be the most egregious non-apology I have ever heard. The prosecuting attorney needs to develop a better work ethic and actually go to trial instead of being lazy and try to let this guy skate because it makes his job easier.
Glad to see the reporter called him out when he tried to blame others. The fact that he is still blaming others for his actions indicate the judge made a good choice in this matter Maybe some jail time will given him time to think about his actions.
Evil Rab Thompson lives in a far off land and sat stuffing his face with fresh fish and fries, washed down with a cold Lilt. Why Thompson should be on that registry too but lives in an easy place.
He's a typical narcissistic sociopath, of course he thinks he did nothing wrong
@@keplermission4947do you mean Rab Thomson who murdered his 2 children? He is in prison.
Do you say the same for the scum bag who burned Jessica Chambers alive and stabbed a Korean exchange student to death. I'm guessing you wont because the killer a black male.
The fact that he blames others and doesn't take responsibility for his actions is a sign on narsissium
“I really do feel sorry for everybody who’s so upset over things, and I can understand why.”
That’s not an apology, buddy. That’s “I’m sorry you’re mad.”
Guh, even in a courtroom, staring down prison time, he can’t even admit what he did was wrong.
Narcissist jerk!
Oh looky, this is the classic narcissistic apology structure.
Spot on! A total and complete narcissist!
Clearly doesn't feel sorry.
Why should he admit he's wrong when our court system offers this turd a very good plea deal? He reminds me of someone......Sexual prediter's are not treated well in prison.
It’s very refreshing to see a judge with a backbone and who is willing to actually uphold the law.
🤷♂️ ~ What about people who are later proven to be definitely innocent, but they’re scared the jury is going to side with the prosecution like they usually do, so they agreed to plead guilty with a small amount of punishment to hedge their bets, but then the judge sentences them to prison for much longer than they were supposed to go. That’s not fair when you worked at a certain deal.
Also, in the future if you have a case that everybody believes it’s almost impossible to win, so the prosecutor can only get a small punishment for the criminal or no punishment at all, is that criminal really gonna be willing to plead guilty and at least take a small punishment if that criminal knows that the judge can just throughout the agreement and send them to a long time in prison? What if some guy sexually abused A child, but the child was terrified to testify. So the prosecutor knew in the end the child would not testify or they weren’t willing to make the child’s fight because it would traumatize them so much more. So they wanted to put the offender on the registry list and at least give them two years of prison and 15 years of supervised release afterwards to really watch them closely, is the defendant really going to take that deal since they know the judge can just throw out the deal and since then to 20 years in prison? So instead the defendant just says he’s going to go to trial because basically he is 99% sure that the child will not show up to testify because they’re so terrified and the parents will not let the child go through that. So now rather than having this criminal have a small punishment and be supervised for the next 15 years, they walk away scot-free.
Respectfully, I feel like people in your position often times look at things kind of one dimensionally. And it’s not an insult, because it’s difficult to go through life and do a deep dive into every situation that we hear about. But I feel like you look at things like I said kind of one-dimensional. You believe that the one decision will not have any unintended consequences. But when you throw a rock in the pool there’s ripples that are felt throughout the entire body of Water.
@iMatti00
The judge showed outstanding wisdom in HIS CASE. It's not the court's business how the decision
"might affect" any other case the future.
PS, This guy already pled guilty.
This will be thrown out on appeal, gives the victims false hope and when dude walks away with the same deal after appeal what will they do?
Hopefully the other prisoners will pick up where this judge left off
Piss at a park at 3 AM you go to prison for 3 and end up on the registry but extort women for sex and you get a plead deal that keeps you off the registry... And they really wonder why a majority of the population hates this system at this point? These guys can't get anything right in any situation the first time dude and yet we just let them keep all this power over us...
Prosecutor: "These are the best terms we could get the defense to agree to."
I don't think this man understands his own job.
Then he should have gone to trial.
Whoever is in this criminal’s life should be treated for narcissistic abuse.
Dude looks guilty. You can see the creep in his eyes..
you look guilty too. Maybe you need to go to prison
I agree, did you see his posture leaning back in his chair like he was in his living room??
I hope that if you're accused of a crime, ESPECIALLY if you're factually innocent, that the jury has plenty of MORONS like yourself. But a dumba$$ like yourself probably WOULD get picked for jury duty over myself, because I judge matters based on evidence, while you evaluate based on nonsensical and subjective criteria.
@@macharrington7733 If I'm on a jury and I catch you leaning back in your chair, I'll be sure to throw the book at you and vote guilty. The nerve of some defendants.
@@rhuephus @shelbynamels973 Y'all chose a weird battle.
'Im sorry to everyone who is upset over everything" - great apology
A non-apology thinly disguised as an actual apology.
No one should have the ability to buy their way out of facing justice. People need to be protected from predators.
Then the Deputy DA shouldn't have agreed to a plea deal that kept him out of prison.
I do, every time I pay a traffic ticket. I wouldn't survive a weekend in county.
@@shelbynamels973 traffic citations don't call for mandatory jail sentences, which the DA tried to get over on the state.
If only the government followed the same rules.
Fun fact you can pay your bail with stolen money.
No matter what he did, the prosecution should not be able to rug-pull him like that. If the "withdraw the guilty plea" clause was contrary to Utah law, then the prosecutor should not be able to put it in the deal.
I guess the defendant or the defendant's attorney should have picked up on that illegal withdrawal clause in the agreement.
@@paulcrescenti5581 And if those were the only terms to which the prosecutor would agree?
The Prosecutor didn't rug pull him, the Judge made the decision.
@@TruthyToo The prosecutor put it in the deal. If prosecutors are allowed to bait & switch deals then there would be no end to the injustice. I'm not saying the dude didn't deserve jail, just that the prosecutor shouldn't have been able to rope-a-dope him like that.
The judge withdrew the deal, it is well within his right to do so. An appeal will fail and the da is going to have some questions to answer.
'But you pleaded guilty!'
Wow a reporter with guts 😂
What a jerk! He obviously isn't remorseful. Definitely a threat to women whenever he gets out of prison. Great Judge! 👍👍👍
So why send him to prison if it will make no difference? You americans are a dumb bunch. Will you ever catch up with the rest of the world and actually rehabilitate members of your society that fall behind? Great judge? He just handed them a slam dunk appeal. There are two 10th circuit cases on this very subject. He convicted an individual absent a plea, and absent a trial.
No, he's not remorseful. He's smug and cocky. He definitely needs jail time or he will certainly do it again.
It doesnt even say what he did?
@@ScreamingEagleFTW Watch a video.
@@joevarga5982 I did and it doesnt say. Thats why you dont know either, hence your answer.
His true self was all over his face after the judge denied the plea deal. What a sob. He's going to hate prison which just makes it so much sweeter, he totally thought he was going home. 😂
prison is going to hate him too.
Shived in months.
@@thomasprislacjr.4063 was he?
@@ariadneschild8460 Here's hoping.
He totally has the vibe of someone who will flee before he's supposed to report to prison.
Why were they so desperate to give him a deal? This is disgraceful! - Glad the Judge is a good one.
He's probably a "good" mormon who "comes from a good family". That's how they roll in this state. A non-momo would never get a deal like that.
Maybe money
because he has money, anyone who committs a sexual offense, but doesn't have to go prison or be on the registry, is usually rich and yt.
Criminals helping Criminals
Freemasonry in action
Secret Societies in action
Brother so-and-so helping another Brother so-and-so......it's Utah County.....are you REALLY surprised?
@@DesertSky928
It's Utah County where, as Einstein would say, everyone is relative.
He was so smug, absolutely believed he'd just walk out of that courtroom to go back to his criminal behavior. And it sounded like the defense for this guy was calling the shots..."that's the best the defense would agree to"...when describing the plea deal. Seriously? Stop allowing these predators to call the shots.
Prosecutor says it
It's because it's a game to them. Lawyers don't care about getting justice. They just care about getting the W on their record.
It's also because without plea deals courts would be massively backed up. Logistically the system cannot function without those shortcuts.
A huge thank you to the judge in this case who is actually holding a criminal liable for his crimes.
The judge just gave him a ticket home by not following the law
@@mrsatire9475how’s that going? Seems he’s still in prison serving his time, and you’re just wrong as ever.
@@invisobill2125 Not too good. The prosecutor has refused to bring other charges because the judge screwed things up. The judge can't give him more years in prison for those crimes since he's not being charged. The judge played the short game and now the Con might get out in only 1 year. Also, the phrase is: You're just as wrong as ever. Somehow you screwed that up too, smh.
@@mrsatire9475 yawn, he’s chilling in prison. Go cry about it, he got a max 15 year sentence and will likely serve every bit of that
@@invisobill2125 Doubtful but I really don't care about your predictions. Go whine to someone else.
The body language of the woman he is holding by the shoulders is even suspicious! Thank God this judge recognized the justice that is needed here!!! 🙏🏻
So that was his daughter. I'm sure he picks out her clothes. 🤮
@WildDisaster I bet he did more than that.
It looked like he was holding her hostage.
@@ThatOpalGuy "daddy's little girl ain't a girl no more...."
Yes absolutely disgusting body language and very intimidating.
Kudos to the Judge, need more like him
1 to 15 years? So the guy can be out in as little as 9 months or as long as 15 years? It's a ridiculous sentence, either punish the guy or don't.
Ya, more people who will make the government a liar and destroy any trust anyone might have in a deal the government makes, and who will effectively imprison someone by tricking them out of having a fair trial. That would be fantastic.
There are so many people serving time for non-injurious crimes like possession of marijuana. And so many other violent offenders being released. It is very nice to hear a story where a person who did harm to others serves some real penalty. Having money shouldn't let you injure others without real penalty.
Sometimes those possession cases are for amounts too large for the casual user. We're all trying to get dealers off the streets.
@@PAMELAPORTER-ci7mr Please keep the violent and sexual offenders and people who prey on vulnerable people off the streets. Weed offenses are not important in most of the states now (and at least two Presidents), and some people should be released. Make room for really bad people and keep them there.
Utah has jurisdictions that have different laws than the laws the rest of the states, counties, and cities in the USA. Like Washington DC...the rights for the people are slightly different and you need to know these things before you move into a place like that or set a business up in them. This lack of rights in Utah is nothing new. The constitution..... what's that
@@PAMELAPORTER-ci7mrdealers are not even the real problem, the traffickers are.
And you will never stop that.
@@traceydc I don't know what you're talking about bro LOL Utah has some of the best rulings/laws that correlate with the second and first amendments...
How dare they even think of a plea deal disgusting disgusting should get 20 years and have to do 20 years
That woman with him should be embarrassed! 😳
Too busy being a subservient wife. Wouldnt be suprised if he gas lights her to death every day.
@@EtherealAriel A lot of these predators are really smooth and the women fall for it, as we see in this case. It’s been this way forever and not likely to change anytime soon. Sad but true. “But,….I love him!”
Sweet! Hats off to that judge.
No. Defendant was allowed to withdraw
Shame on the DA “for playing the long game”. In this case playing the long game means other women would be victimized.
Hopefully his sentence will be upheld after appeal.
Courts don't exist to stop crimes- they profit from them.
The judge doesn't make the agreement- That's between the defendant's and prosecuting attorneys.@@PlasmaStorm73-N5EVV
Correction: The sweetheart deal is between the criminal and the lazy corrupt DA. The Court is under no obligation to agree to the deal. When a deal is so egregeous, ala the Jeffrey Epstein deal in Florida, a Judge with integrity should scruitinize the deal to determine if the deal is just. It is up to the corrupt DA to sell the sweetheart deal to the Judge.@@PlasmaStorm73-N5EVV
yea lets just play the short game...get the person arrested for a month instead of...............you don't seem to get the point of justice. Its not for the victim, but for the FUTURE victims...
@@PlasmaStorm73-N5EVV He may win that point on appeal but then he goes to trial and may wind up with a longer sentence than he has now. I don't know what a 1 to 15 sentence means in Utah but if he is able to be on parole in a year or less he may consider that the better outcome.
Great job judge. Need more judges like this.
We don't need judges that don't uphold the law. This decision will be overturned on appeal.
@@Subangelis if a judge passes sentence then it can't be over turned. Only the governor or president can in some cases. This judge did his job like he supposed to.
@@eligebrown8998 Except he can't pass sentence. The guilty plea is only contingent on the plea deal. Since the judge rejected the plea deal, the guilty plea is no longer enforceable.
Utah Rules of Criminal Procedure, Rule 11.
(i) Plea agreements.
(i)(3) If the judge then decides that final disposition should not be in conformity with the plea agreement, the judge must advise the parties as to the nature of the divergence from the plea agreement and then call upon the parties to either affirm or withdraw from the plea agreement.
@@eligebrown8998ot can be if excessive
@@eligebrown8998 Not so. Appeals court can overrule. Alternatively since sentence is prima facie unlawful the imprisonment will be challenged in one day by habeus corpus petition
The plea deal is binding between the prosecution and the state. The judge is not a party to it and it is not binding on the court. What's binding on the defendant is the no right to withdraw under Utah law except under circumstances that don't apply in this case because he wanted to withdraw after the sentence is rendered, which is not allowed. The sentence recommendation in the plea deal is also not binding on the judge. But the guilty plea itself is binding to the court. The prosecution cannot oppose a withdrawal of the plea deal because the terms said he could withdraw, but the judge doesn't have to let him out of it.
This guy obviously had connections in the DA's office.
He actually said with such an arrogant look on his face, "I really feel sorry for everyone who's upset over things, and I can understand why." ????!. Total psychopath. He's absolutely remorseless! So glad he's going to prison. Hope he's locked up for 15 years! Disgusting criminal.
Yeah, if he understands why, then tell everyone.. lay it right out- why they're upset and why you're sorry. Not.
its possible that since the judge ignored the plea deal that the judge will either have to recuse himself, or the case can get thrown out and he gets to walk....so what do you want, due process where a guilty man goes to jail, or a judge that jumps the gun and makes it so that person gets to walk free because their due process was ignored...
He looks arrogant
"that was the best deal that we could get him to agree to." Huh!? What about the other part where the Prosecutor goes to trial and tries to win conviction? Looks like the DA just wanted to clear their backlog. SMH.
He's playing the long game. Next prosecutor might play the long game too.
@@sophocles1198 "the long game" ie let the next guy take care of it?
The majority of cases are plead out before going to trial. If all cases were to go to trial, the courts would be even more clogged than the already are. Check the stats.
@@thooke222 yes
Unfortunately this goes down as a win for the prosecutor.
Seems like the prosecutor is more concerned about working with the defense than justice. "That was the best deal they would agree to." Then bring the creep to trial.
I can’t believe the original deal was even on the table. We need mandatory jail time for crimes
About time a guy who pleaded guilty is held accountable.
The prosecution has questions to answer, how can a man that pleads guilty to sex abuse crimes not go on the sex abusers file, disgraceful.
Because, it's a "slippery slope", when it comes to the definition of sexual "abuse"... They consented to the sex...On the (either indirect or direct) assumption he would stick around...This would establish case law where every failed relationship involved "sex abuse"..."You said you would only love me, and would never leave!!!"...
i heard that depends if its a sex assault or rape case
Pleading guilty as part of a plea deal, which INNOCENT people do all the time as a calculated risk.
@@brentfarvors192
"They consented to the sex...On the (either indirect or direct) assumption he would stick around...."
Uh, no they did not. The "forcible sexual abuse" charges do not involve women who gave consent under any pretense. Now, from what bits of information about the allegations & circumstances I can find [at least within the time window I'm willing to look the information,] I'm a little unsure as to whether or not I think he should be permanently put on the sex offenders list for his known actions. On the one hand the behavior is definitely quite a bit less severe than what most people view those on the sex offenders list would think of as the least severe crime someone on the list could have committed to be there.
On the other hand given that they incidents involve 4 or 5 different women at various times which is a pattern of behavior making it all as a whole greater than the sum of its parts. So, I'm not really sure which side of that question I would ultimately end up on if knowing more of the details and/or giving it more thorough consideration.
@@abetterfuture4787 you have to play the system game here in the USA
As someone who has been in USP, he is in for a world of hurt.
Thank you for that and I hope his victims read your post too.
Good. I hope he gets repeatedly bent over so he truly understands the kind of pain he dealt out.
no he's not and stop telling people prison is anything but summer camp for adult men
@@theworldisfallingapart867 Says the punk who's never been inside...
@@stevelarson3391 buddy you are alive and well, he's not in for a world of hurt, he's in for free room and board. a timeout. get over yourself you convict.
The judge gave the victims justice.
It's about time the Judiciary grew a pair! I'm moving to Utah. Coming from Seattle crimes are not prosecuted and criminals are caught and released daily.
Respect to this judge. Our prisons are not fully occupied. Too many plea deals. Lock him up!
I don't care if the prisons are packed like sardine tins. For this SOB I'd volunteer to grab a crow bar and MAKE room for his arrogant arse. He can spoon with Bubba for the next 15 years...
I mean if they every are fully occupied, that speaks horribly about America.
Full prisons means more employees at every level. Can states afford this so that inmates are supervised well?
Actually, they’re literally all over capacity. Our jails are incredibly crowded and we have the highest incarceration rate per capita for a developed country. What reality are you living in?
@@Phbalancedshorty I’m living in a reality where most of those occupants are in for non violent crimes eg possession of pot.
Amazing that some people get plea deals that are basically a slap on the wrist and a get out of jail free card while others get 10 years in jail. Justice may be blind but in some cases it's also ignorant and stupid. It seems to me that much of this comes down to the integrity and skills of the prosecutor.
or the skills of their defense attorney
Many people are innocent, but do a plea deal.
Or the strength of the CASE. If the evidence boils down to "He said, she said", generally hard to prove beyond reasonable doubt.
@@RichardsWorld You're innocent until FOUND guilty, whether proven at trial, OR, you accept giving a "Nolo Contendere" or "Guilty" plea, and the Judge accepts it and finds guilt. Then you're "innocent" no more, unless said conviction is overturned.
And money, who you kno, and who can be bought off.
There is no such thing as a good plea deal in this case. It merely allowed the prosecutor to finish quickly and then allowed the offender to get of with an administrative sanction. Justice in America is a bought and sold joke. I am surprised it isn't listed on the commodities market.
Well done, the judge.
Actually, the plea deal has to be approved and accepted by the judge BEFORE any of it goes into effect, including that clause. It is not the fault of the judge that the defendant stated, for the record, he is guilty of the crimes against him, BEFORE learning if the plea agreement was acceptable to the judge. That blame lies at his attorney's feet. The judge did not breach the contract because there was no plea agreement (contract) in effect at the time he pled guilty. Just because he thought there was has no bearing on the fact. He thought wrong.
Perhaps, but that judge just obliterated the concept of plea deals in their area. Only a fool would be stupid enough to accept one going forward knowing that the judge could just throw it out the window. And that's regardless of whether you're innocent or guilty. Plea deals are now officially a trap. Take your chances and go through the full trial.
Exactly! The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane.
@@abetterfuture4787 There was NO PLEA DEAL! There was an agreement between the prosecutor and defendant but until it is approved/accepted by a judge it is not a plea deal.
Thearrogance to sit back positive he would walk out of court unscathed
May god bless this judge
No
This judge is why he will end up going free
yea this judge basically is helping him get set free. If you ignore the law, even a guilty person can be set free, and this is what ignoring laws look like
Finally a decent judgement from a judge!
Wrong. Unlawful
>sometimes we have to play the long game
wow so let him assault more woman before he’s on at the very least the registry?
"Long game" really does not protect Utahns from this crook and others just like him!!
@@blizzard2oothe laws are to protect the rich
NO plea deals, period!
Do the time!
The system would collapse under the sheer volume of cases.
Thank you Judge!
"I really do feel sorry for everybody that IS so upset over things and I can Understand why" Predator "pology....
I love seeing a Narcissist go down!!!
I wish he’d been allowed to withdraw his guilty plea! It is certainly going to be overturned on appeal and also, he could/SHOULD get a much longer sentence after trial than ONE year!!
It's one year- fifteen. He is eligible for a parole hearing after one yr, he will be turned down, and then eligible every two years.
Every time he makes an infraction of prison rules, (and he will...), another 40 days to be added.
If he gets into flights, disobeys orders, destroys properties, sexual misconduct, intimidation , he gets more time added.
Fear not, he will not get out in a yr.
He's too arrogant.
M
I wish judges would take violent crime as seriously as they take money crimes.
What does 1-15 years mean? Why dont judges ever just put an actual number on the jail term? This has never made sense to me
Honestly, why are we cutting such huge deals with scum like this? Thankfully the Judge stepped up!
It would hurt his upcoming run for the Utah State Senate. Or likely one of the victims cried on the shoulder of her LDS bishop, and word got out in that LDS ward/stake, and the judge's wife is upset about it. Me, I've no sympathy for that cretin, but rejecting the ability to withdraw the guilty plea since the judge wouldn't agree to let him off with probation and restitution (likely also with court costs and a hefty fine) was STUPID. It'll be overturned, the plea bargaining process is not supposed to be "judge roulette".
Because that is how the system works. Most cases are decided thru plea deals. If every case were litigated, the courts would be even more clogged than they are. In this case, by not accepting the deal that was worked out between prosecution and defense, the judge injected more life into the case, instead of closing it. Next stop, appeals court.
Because we live in a country with tens of thousands of laws, and the average person is guilty of breaking several laws per day without even knowing it.
If we actually had full criminal trials, the courts would be backed up decades. There are barely enough lawyers and judges as it is with the plea deals in place.
Here's a fun little thing for you to do....go look up the average amount of time a public defender gets to spend on a case for their client. Not the paid professionals, the free legal representation. Go look it up so you're not having to take my word on it.
Now imagine that you have been falsely accused of a crime and you don't have money for expensive lawyers and drawn out battles. That pitiful amount of time your public defender gets to look at your case, do you REALLY want to reduce that even further?
That's why. Simple logistics is the answer.
He will appeal and his lawyers will find a different judge who will put the deal back on the table or let him off completely on a technicality. The victims may never see any of the money and several of them likely need it for therapy.
Hopefully not! Or hopefully someone will help him (see the error of his ways) while hes in prison and he wont be able to walk out, under his own power!
The plea deal called for $300 000 in restitution. INstead, the money will now go to his lawyer to continue the case. Thank the judge.
If he is convicted he will also be forced to restitution so your argument is moot.@@shelbynamels973
No matter how long he servers in prison . When he gets out he will go right back doing the same thing again and again. He just can't help himself, he is a danger to society !
Innocent until proven guilty (followed by smug smile.)
But you pleaded guilty.
😂😂😂
hahaha she hit him with the "well u pleaded guilty" right after he credited her station with helping him "in part" 😂🤣🤣
GOOD FOR YOU, JUDGE!
@@PlasmaStorm73-N5EVV Especially since the focus of an appeal is on procedure, not evidence.
For those interested, Utah Rules of Criminal Procedure Rule 11(i)(3) If the judge then decides that final disposition should not be in conformity with the plea agreement, the judge must advise the parties as to the nature of the divergence from the plea agreement and then call upon the parties to either affirm or withdraw from the plea agreement.
This judge violated Rule 11.
Thank you for providing the rule. When this is likely overturned on appeal, will the judge's actions likely negatively impact the ability to now try this guy? Or would it be akin to a mistrial?
@@PeteOtton That's hard to predict beyond the defendant will be allowed to withdraw his plea. I believe the judge's actions should be referred to the Judicial Conduct Commission for discipline. He knew this was a conditional plea and not simply a sentence recommendation by the the prosecution. He knew the defendant could withdraw his plea and the correct Rule of Criminal Procedure was cited in the agreement. He knowingly violated the defendant's rights and misstated the law.
The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane. Do you think you know Utah law better than a Utah Judge?
That is false. The Rules of Criminal Procedure ARE the law in Utah and he as the judge in the case is confined by what the statutes say. He can't pronounce a different one from the bench. He doesn't get to preapprove anything related to a plea agreement.@@_Y.Not_
@@Insomnious8 There is NO PLEA DEAL until the judge agrees that there is one! The prosecutor and defense lawyer don't get to determine sentences in any case regardless of ANY statute, that's ridiculous, it is the judge who determines the sentence in this case and he did not approve it therefore there is NO PLEA DEAL, this is not hard dude.
A despicable excuse for a human being. I'm glad the judge gave him some prison time - just not enough.
and walk in with his kids. as a shield for emotional leverage...disgusting human being.
Wrong of judge
I have no problem with a judge not agreeing to plea deals. But defendants SHOULD be able to withdraw their guilty plea. Without that ability, the court is asking them to sign a blank check.
OMG. One to 15 years! He’ll be out in 3 to do the same BS again. It’s called revolving door justice. Nice job mister judge!
Sometimes, American justice actually WORKS.
1-15 years? That’s a huge range. Who decides how long it will actually be?
Even if he serve 8months that’s 14 years left parole
His bishop......
Democrats always projecting@@DesertSky928
Bubba
Lock them ALL UP if found guilty- in the deepest darkest hole you can find slam the gate and throw the key away. We have no use for people like this in our society.
"Well, you pleaded guilty"
ZERO Remorse he didnt even stand up to Apologise!
The guy deserves prison, but I am not sure what the judge did was legal. Essentially reneging on a deal the prosecution agreed to. He could have said, this deal is too lenient for the crime go back a negotiate some more.
I think the defense has grounds for an appeal.
The judge is the ultimate arbitor of the deal and is not obligated to something he never approved of.
Hahaha that back fired in his face! This is great! Im soooo happy these women get their justice!!!!
What justice?? Instead of closing the file on this case, it continues on, no end in sight. Instead of victim restitution, the $300 000 that were supposed to go to the women as per the plea agreement will now be used to continue paying his lawyer.
Let’s hope he gets the maximum jail sentence of 15 years
There are sentencing guide lines. If they don't support the maximum that is grounds for appeal as well.
The best deal the defense would agree too? What does that mean. You had 7 women who were willing to testify to sexual assaults and more who were willing to testify to money stolen. The defendant and his attorney thought throwing some money around would keep him out of jail. The DA failed those women and the people he's there to protect.
He looked medicated with his heavy eyes and calm demeanor!Loved the surprising outcome!thank you Judge for that!
This guy deserves hard time, but he absolutely has the right to withdraw his guilty plea if the judge rejects it. That's what a deal is. Why not offer everyone a deal and reject it after the guilty plea then? It certainly would save litigation time. This will certainly get overturned on appeal. Thankfully, convicting him at trial will likely result in MORE prison time for him, so it'll all work out as it should.
If indeed he's guilty, I've no issue with him doing a few years in the "jug" once the jury convicts him, IF and ONLY if he has no felony priors. If he's already a felon, then throw the friggin' book at him...
There WAS NO PLEA DEAL! Until the judge approves it, it is simply an agreement between the prosecutor and his attorney. The judge is NOT bound by any agreement they strike and stated so in open court. The judge made it clear in court that the agreement was between the Prosecutor and defense and was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane.
Like most ppl, I got a good laugh watching him walk into court confident that he'd be a free man only to discover his plea deal had disintegrated before a strict jurist & now he's off to prison for 1-15yrs
Poorly done, Utah on not getting the victims advocates or notifying them on court dates.
Sloppy work all around, including the judge.
That discusting smug attitude and his face says it all! On behalf of women thank you judge
im so glad the prosecutors let the defense dictate the terms of the plea deal. what maroons.
California, Illinois, Maryland, & Washington need to borrow some Utah Judges
What about people who are later proven to be definitely innocent, but they’re scared the jury is going to side with the prosecution like they usually do, so they agreed to plead guilty with a small amount of punishment to hedge their bets, but then the judge sentences them to prison for much longer than they were supposed to go. That’s not fair when you worked at a certain deal.
Also, in the future if you have a case that everybody believes it’s almost impossible to win, so the prosecutor can only get a small punishment for the criminal or no punishment at all, is that criminal really gonna be willing to plead guilty and at least take a small punishment if that criminal knows that the judge can just throughout the agreement and send them to a long time in prison? What if some guy sexually abused A child, but the child was terrified to testify. So the prosecutor knew in the end the child would not testify or they weren’t willing to make the child’s fight because it would traumatize them so much more. So they wanted to put the offender on the registry list and at least give them two years of prison and 15 years of supervised release afterwards to really watch them closely, is the defendant really going to take that deal since they know the judge can just throw out the deal and since then to 20 years in prison? So instead the defendant just says he’s going to go to trial because basically he is 99% sure that the child will not show up to testify because they’re so terrified and the parents will not let the child go through that. So now rather than having this criminal have a small punishment and be supervised for the next 15 years, they walk away scot-free.
Respectfully, I feel like people in your position often times look at things kind of one dimensionally. And it’s not an insult, because it’s difficult to go through life and do a deep dive into every situation that we hear about. But I feel like you look at things like I said kind of one-dimensional. You believe that the one decision will not have any unintended consequences. But when you throw a rock in the pool there’s ripples that are felt throughout the entire body of Water.b
That young lady who is with him looks like she's going to have bruises after she gets in the car he was definitely making me feel like she's getting manhandled and is uncomfortable standing next to him is her vibe I would hate to be her when I got home! I hope she's safe and thank you to the judge who did the right thing protecting our children from Monsters
Cops should have weight standards... My goodness
That was a court bailiff.
@@GeneJordan so... they get a pass....
@@glock19gen3 not what I said, at all. That guy should be a contestant on The Biggest Loser.
those whales are not "cops" ... they're court baliffs
Former prosecutor here. The appeal court is going to reverse the judge here. He then needs to be convicted by jury and then be given a nice long sentence.
Get outta here, former prosecutor my aunt fanny, if you were you were about as good as this one, which is to say not very. The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane. Actually, the plea deal has to be approved and accepted by the judge BEFORE any of it goes into effect, including that clause. It is not the fault of the judge that the defendant stated, for the record, he is guilty of the crimes against him, BEFORE learning if the plea agreement was acceptable to the judge. That blame lies at his attorney's feet. The judge did not breach the contract because there was no plea agreement (contract) in effect at the time he pled guilty. Just because he thought there was has no bearing on the fact. He thought wrong and apparently so did you!
Also in Utah; Defendantsnhave a right to rescind their plea when their deal falls through...
Where the judge screwed up at is not letting him withdraw his guilty plea. That will likely come back to bite him. Let him withdraw the plea, have a trial, then convict him and sentence him. This judge doesn't watch Law & Order.
Actually that is exactly how Law and Order would play it out. Those boot licking shows need to be canceled. Law enforcement is boring work. Trials are boring work.
@@Look_What_I_Did Boring because there is no McCoy bending and flaunting the rules.
Wow finally money didnt buy its way out
He will be out soon. The judge was wrong!!! He does have the right to retract his guilty plea!!! And no I don't condone what he done!!!!!
I hope that it doesn't negatively affect the possibility of a trial after appeal. The prosecutors should be sanctioned up to and possibly including disbarment.
What's the deal anyway ? If there is a superior judgement canceling the plea deal (as it should IMO) then dude will get his trial and get sentenced anyway. The superior court cannot force the judge to accept the plea deal but it can force it to be cancelled.
@@12345fowler He didn’t get a trial. He had to plead guilty to get the deal as per usual. The judge said he couldn’t change his plea as he had already pleaded guilty. The judge was wrong. He is allowed to change his plea and ask for a jury trial.
Thank goodness for the judge. This thief.
That guy looks evil.
A judge with balls to do the right thing.
Au contraire. No balls. A lDy cried to an lds elder, and it hot to the judges wife
If the judge denied the deal the dude should have been allowed to withdraw the plea. I’ve never seen a defendant not allowed
Correct. It is very similar to the Cosby case. When a DA makes a deal or promises something, the state is obligated.
If this doesn't get reversed, make sure that everybody you know is aware that plea deals are now for all intents and purposes, traps.
There is no point in agreeing to one if the judge is simply going to say "Well durrr, you said you were guilty so we're going to trial!" Force a trial, no matter how small the offense.
The judge made it clear in court that the agreement was between the Prosecutor and defense it was not approved by him. Fourth District Judge Thomas Low said that agreement allowing Holzapfel to withdraw the guilty plea is "directly contrary to Utah law." He said since the plea arrangements were not approved by him before the plea was entered, Holzapfel cannot withdraw his guilty pleas and he rejected motions to do so by Holzapfel's attorney, Nathan Crane.
WHAT IS WRONG WITH SOME OF THIS PROSECUTORS. IF he commits another crime?! All they were doing was giving him a chance to perfect his swindling. And this guy has the NERVE to blame the news people! He should have just kept his mouth shut.
BRUH! YOU'RE GUILTY AS HECK! KICK ROCKS!!
dyslexia much?
@@repealthepatriotact Actually I am. What's your excuse? Oh, wait... You must be a friend. A relative? Someone? Anyone? But thank you though! 🙃
@@roamiblu1833 Nice idiotic follow up comment. But...at least you fixed your spelling error...
You can see this guy is a predator just by looking at him!!!
Wow 😮 Talk about having dead-eyes..That creep is evil