Adrian Peterson is Guilty–Sort Of

Adrian PetersonMaybe you’re sick of me posting about Adrian Peterson . . .again.  But his criminal case is a textbook on how the criminal justice system works.  Many people have asked me to explain what’s going on.  Now he has settled the felony case in Texas that alleged he beat his four-year old son with a stick.  See story in the local StarTribune:  http://www.startribune.com/local/281479901.html

Adrian Peterson settled the case through a procedure called, No Contest.

—What does that mean?  In some jurisdictions in the country, a defendant is allowed to avoid pleading guilty, but at the same time, say they don’t want to fight the case.  Not every state allows this.  (Minnesota does not)  Why wouldn’t he simply plead guilty?  He may think his intent in the case was to only discipline the child.  Saying he’s guilty means admitting that he intended to do more than discipline the child.  He intended to harm him.  If Adrian Peterson admits guilt, it may jeopardize his child protection case pending in Minnesota and it may jeopardize his standing with the NFL.  Or, it may have been because he didn’t want to drag-out the case and go through a very embarrassing trial.

—Was this a plea bargain?  Yes.  Originally, Adrian Peterson was charged with a felony.  He said No Contest to a misdemeanor.  Which means the penalty is far less and the consequences for his other problems are also less.  Perhaps the NFL would not let him ever play again if he was convicted of a felony.  In addition, his plea bargain requires probation with several things to do, including going to parenting classes.

—Why would the prosecutor agree to this?  As I posted earlier, when parties go to trial, there’s no guarantee the prosecutor will win.  Particularly in a case with this much “baggage.”  (Star athlete, media coverage, sympathetic jurors, etc)  Also, it will avoid having to put the four-year old child victim on the witness stand.  With the agreement of the mother, the prosecutor chose to go for the sure conviction—even if it was only a misdemeanor.

—Does Adrian Peterson “get off?”  No way.  Not only has he missed several games, who knows when the NFL will allow him back.  He has a criminal conviction, is on probation for two years, and all of that will affect his contracts for sponsoring products.  Even if he’d pled guilty to a felony, he probably would not have gone to prison, anyway.  Why?  He’s a first time offender, showed remorse, was willing to change his parenting practices, and is a star.  I doubt he would’ve gone to prison.

—What do you think of this deal?  Fair to everyone?  Too easy on Adrian Peterson?

About Colin Nelson

Colin T. Nelson worked for 40 years as a prosecutor and criminal defense lawyer in Minneapolis. He tried everything from speeding tickets to first degree murder. His writing about the courtroom and the legal system give the reader a "back door" view of what goes on, what's funny, and what's a good story. He has also traveled extensively and includes those locations in his mysteries. Some are set in Southeast Asia, Ecuador,Peru, and South Africa. Readers get a suspenseful tale while learning about new places on the planet. Colin is married, has two adult children, and plays the saxophone in various bands.

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