No more testimony for the state. Flaherty has no testimony either. Lambert now giving recommendations.
Lambert's rec: 3 years all suspended, supervised probation, no restitution, credit for 590 days served, register as violent offender.
Flaherty: This is a sad day....One reason Mark asked me to enter into plea negotiations is he has empathy for the victim.
Flaherty: We tried to save the victim and the state from another trial.
Flaherty: Nobody’s walked in his shoes, but he’s paid.
Logan: I know Marty’s got a tough job here and he’s had to make some tough decisions and my heart goes out to him.
Logan: I hope some healing can take place now and some closure.
Court is in recess while Brown takes a break before giving his sentence.
Court is back in session. Brown will now deliver Logan's sentence.
Brown is going over the procedural history of Logan's case.
Brown: Even though state called 28 witnesses, and defense called none, evidence was insufficient to convict Logan in 1st trial.
Brown said he will accept the plea agreement in Logan's case.
Brown: believe evidence is insufficient to prove Logan is guilty w/ assault w/ weapon beyond reasonable doubt.
Brown said plea agreement gives certainty. "Justice in this case requires certainty.”
Brown: This case is about what happened in Gallatin Gateway in 2011, not what happened in Kentucky in 1998. (manslaughter conviction)