105A

The magistrate found the sentence not just and allowed parties to reconsider, due to very material and important issues not raised in the plea agreement that could have materially influenced the outcome.

“the magistrate then came back and found that the sentence was not just, and therefore gave all the parties time to go and reconsider. The issue that, that is when I got briefed to come back because there were very material and important issues that were not raised in the 105A that we believe would have materially influenced potentially the outcome of such an agreement.”

The plea agreement process to finalize the 105A involves a quid pro quo and the details of what was exchanged need to be known.

“That process to come to a finalization of a 105 A involves a quid pro quo, and I need to see what the quid pro quo was”

ADV VandenHeever does not trust the 105A process and is concerned about the process that was followed afterward.

“I was not going to be involved in it, because I did not trust it ... that is the 105A process, and subsequently, I am even more concerned about the process that was followed”