Topic : 03/16 Cheerleader Scandal

Has anyone looked into whether Brandi's adjudication was withheld or was she adjudicated? 

Did she plead guilty or no contest?  

Cause this would be the correct term on whether or not she can appeal her case.  

You are going through the very hardest part right now in the period between disclosure of abuse and the trial.  There is so much I'm sure you want to talk about with your mother and it's so frustrating that you can't right now because it might jeopardize the case.  Brandi's case is an example of that frustration.  Since her case didn't go to trial, her family hasn't really had a chance to talk one-on-one with the people who were there that night - they can only go by reports they read.  They admit that Brandi's recall of the facts are fuzzy.  Letting witnesses compare versions before the trial taints their testimony - that's why Stephanie was held in the police car alone and wasn't done giving her statement to police until the following day.  By the time she gave her deposition months later she may have talked to Daniel's family about what happened and pieced more of the puzzle together.  As Stephanie admits it becomes harder, especially five years later, to remember the exact details like did you SEE her hit him or did you KNOW she hit him because one moment you were walking together away from Brandi and the next you saw him on her car?  There's a difference in how sharp your memory is between memorizing what you read off some papers or heard somebody say in a calm atmosphere versus what you experienced with all five senses - when you can't forget what you saw, heard, smelled, felt or tasted.   

In your case, you've been dealing with what you've experienced with your five senses - the look of your child, what she said, how she acted.  If your mom didn't see that - if she is only experiencing what her son says and how he acts, it will taint her testimony if you try to win her over before trial by infusing her with too much of what you have experienced.  That can all come later, when you'll all be in a different stage of healing.    

But her attorney withdrew the appeal because they apparently could find no legal grounds for appeal.   

Brandi pled guilty to voluntary manslaughter, a presentencing investigation was ordered, and she was sentenced the following month.   

My interpretation of what Brandi's mother is saying is that they had a "deal" with one prosecutor regarding the sentencing and the problem was that another prosecutor showed up for the actual sentencing hearing who didn't realize they had made a deal with the other prosecutor.  Brandi's attorney asked for probation at the sentencing hearing citing the fact that Brandi had no criminal record and had continued to sit with her mother at night working through nightmares she had since Daniel's death.   

It appears that Brandi's family didn't realize that the presentence investigation would include a review of the prosecutor's version of what happened that night.  Articles don't indicate what the prosecutor asked for, if anything, at that hearing.  The judge had the final say on the sentence which he bases on information in the presentence investigation, not the prosecutor.   

The first mention of abuse in the newspaper accounts appeared only after the sentencing.   

The first thing I thought while watching Brandi's family was: how would they really feel if the shoe was on the other foot. Would they be pushing the 12 years is too much for an accident if Brandi was the one killed? I don't think so! I feel bad for both families. To me Brandi's family did not show sincere concern with the fact Daniel is dead and you don't come back from that. They still have a child they can see, talk to and eventually have back home with them. Daniel's family won't ever have that. I agree that Daniel's mom said some really harsh things but I can understand her pain.  I think Brandi should do the entire 12 years. I don't think giving her a life sentence is totally fair. 

Brandi left the scene, thought of a plan, put it into action and then told her father the story shows that she was covering her behind. The father said she was worried about the fact she had crashed the car. That shows she was full aware of what had happened. I don't think she intended to kill him but she knew she had hit him at a high rate of speed. I am sorry but I don't feel she is taking responsibility for what she has done. I don't believe if someone's abusing you or making a threat, that  you'd be so willing to sneak your parents car to go see that person.  

Both families should be trying to help each other through this instead of holding onto the hate. God will indeed have the final say in this matter. 

I posted a message which included everything you said, but for some reason, it was edited and that part didn't make it into my post. So I just wanted to say that I am in total agreement with everything you said. Brandi has taken a life and now her parents are trying to take their dignity. They literally sickened me.  

And their poor son. When asked if he thought Brandi killed Daniel on purpose, he replied,"No, not really." This is NOT the answer from someone that is convinced that his sister is innocent. His life is a mess and it sure looked like neglect is a major problem. His parents are so caught up trying to free their little murdering daughter that they are ignoring the child that still has hope.So sad. It was just another observation that sickened me about the parents with "Center Stage". 

Anyways, there are not nearly enough posts here that are kind to Daniel's family and that is sad. So thanks for speaking for me! Couldn't have said it better myself! 

--J