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PLACERVILLE, CALIFORNIA
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Nutting trial set for Feb. 4

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From page A1 | December 09, 2013 | 59 Comments

PAT_3954e

RAY NUTTING glances at paperwork following a brief hearing in Department 7 Superior Court in Placerville on Friday, Dec. 6. Democrat photo by Pat Dollins

After a short conference with the attorneys in the case involving Supervisor Ray Nutting, visiting Judge Timothy Buckley set the start date for his trial as Feb. 4.

The trial is expected to last three weeks with a jury drawn from a pool of approximately 300 people.

A pretrial conference was also set for Jan. 10.

Last month, Nutting announced that the California State Court of Appeals Third Appellate District had accepted his appeal to review the case. The basis of the review included issues of misinstruction of the Grand Jury regarding the perjury charge; the deputy attorney general’s misinterpretation of a penal code, leading to Nutting being overcharged; and the district attorney and DAG’s giving the presiding judge incorrect information regarding the source of the grant in question, causing a motion to dismiss a count to be improperly denied.

On Nov. 21, the Court of Appeals announced its denial of Nutting’s appeal.

However, at Friday’s hearing, Nutting’s attorney, David Weiner, said that on Dec. 2 they filed a writ to the California Supreme Court challenging the ruling issued by the Court of Appeals. Weiner said the appeal was based on the same arguments made to the Third Appellate District.

The case could change depending on how the state Supreme Court rules, said Weiner.

Nutting has been charged by both the District Attorney’s Office and a Grand Jury with filing false documents, failure to disclose income and having a financial interest in a county contract regarding grants to clear land for fire safety.

Contact Dawn Hodson at 530-344-5071 or dhodson@mtdemocrat.net. Follow @DHodsonMtDemo on Twitter.

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Discussion | 59 comments

  • 1 Timothy 6December 08, 2013 - 11:41 am

    "But those who want to get rich fall into temptation and a snare and many foolish and harmful desires which plunge men into ruin and destruction. For the love of money is a root of all sorts of evil, and some by longing for it have wandered away from the faith and pierced themselves with many griefs. But flee from these things, you man of God, and pursue righteousness, godliness, faith, love, perseverance and gentleness. Fight the good fight of faith; take hold of the eternal life to which you were called, and you made the good confession in the presence of many witnesses."

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  • kggDecember 08, 2013 - 12:02 pm

    who could they find to be on a jury? seems like most everyone has made up their mind.

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  • James E.December 08, 2013 - 12:30 pm

    I could be on the jury, as I've not heard the facts, so no way I could make a decision prior to trial. However, I'd never get on the jury because I'm too old and would doze off during trial. When I wasn't too old I was called several times but never got on a jury. The defense lawyers always kicked me off when they found I was a retired military officer. It appears we have the reputation of voting guilty no matter the facts. The joke is on the local defense lawyers because I want to vote not guilty, unless I am convinced otherwise by the facts of the case. So they may have gotten rid of a friendly face.

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  • EvelynDecember 08, 2013 - 12:46 pm

    James: Evidence (as in "proof") shows that one commenter on these pages who has conveyed adversarial "facts" about Mr Nuttiing's malevolence has in fact been lying.

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  • oh brotherDecember 08, 2013 - 2:51 pm

    And who might that be? Let's not be coy. If you're going to throw something out there, go all the way. And might I ask where you saw this "evidence" Evelyn?

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  • oh brotherDecember 19, 2013 - 10:07 am

    You never answered this Evelyn. I guess all your "evidence" was just bluster?

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  • James E.December 08, 2013 - 2:52 pm

    Evelyn, someone on this site lying about the Nutting case? Tell me it's not so.

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  • oh brotherDecember 08, 2013 - 3:21 pm

    James and Evelyn - well the impersonator got smart and changed to no caps when they "borrowed" my name...I did not make any of the comments in regards to Nutting to either of you...

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  • oh brotherDecember 19, 2013 - 10:09 am

    Yes I did.

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  • Fran DuchampDecember 08, 2013 - 3:50 pm

    I would like to see more pics of the people in the background. I recognised one person in the back--interesting. Ray is innocent until proven guilty in a court of law...why do people keep saying different? He will have his day in court. Then we will all know.

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  • MorrisDecember 10, 2013 - 9:11 pm

    I agree with your position Fran; innocent until proven guilty and 'his day in court'. Now, what HAS seen plenty of days in court is that ill fitting tent-meeting-preacher-off the-rack-Brompton-charcoal-grey-stafford-collection suit. Ray. Ray...Ray. It's time to let go and let flow the embrace natural fibers, say sumthin ties and all the overly starched shirts you can just so long as they never include cranberry. Ever. Again. PS: A Windsor Knot is only a knot when it is not not fully knotted. Don't forget about the cranberry. Thank you.

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  • Phil VeerkampDecember 10, 2013 - 10:37 pm

    Morris, it's been some number of days now since Courtney has dropped by. Do you have her. I see a swatch of fuschia peeping out from 'neath the bed. Is that yours or hers?

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  • Bob ReevesDecember 08, 2013 - 10:28 pm

    "All it takes for Evil to succeed is for a few good men to do nothing" Thank you Jim Clinchard

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  • not Jim ClinchardDecember 09, 2013 - 7:52 am

    Edmund Burke (1729 - 1797): "The only thing necessary for the triumph of evil is for good men to do nothing."

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  • 1036-FrankDecember 09, 2013 - 8:17 am

    Meanwhile back at Weiner's ranch and ranches, a writ to the Supreme Court has been filed which will continue to cost heavily, will have about a 1% chance of review, and is more of an attempt for more delay. The trial should have been transferred out of the county long ago as jury selection locally will be a long slow process of weeks if not a month. The trial itself should be a week or two at the most and could of been held last fall if not for all of the intentional delays. The legal fees alone at this point should be well into the six figures now and will continue to rise. Here we have what appears to be an old story of: "Another day and another ranch for pay."

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  • JusticeDecember 09, 2013 - 8:58 am

    Delay delay delay, oh well it's true he will have his day n just doesn't want to face the time he will get and he won't be in the need of a ranch so Wiener will be happy in happy valley. The promise he made has been broken and he continues to insult those who once supported him, but no longer as his true colors are shining brightly. Ray knows what he did and continues to lie about it to the very people he takes money from, the sign of a sick mind and who hasn't learned anything.

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  • Aluicious RubensteinDecember 09, 2013 - 10:06 am

    Remembering an article in this rag was brought up by this news story about Kim Jung Un this AM http://news.yahoo.com/purge-sends-chilling-message-nkorea-39-elite-110334857.html the mtdem reported a while back that the DA sent a letter to the sups making issue about "Ray Nuttings cavalier attitude." The news report about Kim Jung's Uncle reports his uncle had a (I had to look it up) "bold insouciance" meaning what the DA said about Nutting, that is a "cavalier attitude." They yahoo headline reads, "Purge sends chilling message to NKorea's elite" I would argue that "elite" is probably synonymous with "cavalier attitude or insouciance." The funny thing though is that you could replace the DA's name with Kim Jung Un, and the Uncle with Nutting, and the story is almost similar. The charges are different, but what is notable, is that a tyrant is "sending a chilling message," to those who dissent, and if the local government does not Kow Tow, to him, I'm sure all the sups have something in their past that could get them prosecuted! Doesn't it bother anybody that absolute power like this, once thought to be in third world dictatorships, is in El Dorado County?

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  • huh?December 09, 2013 - 10:22 am

    Aluicious, your a bit obscure for the likes me. What did you say?

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  • oh brotherDecember 09, 2013 - 10:29 am

    lolololololol....does it bother anyone that there are people in this county dumb enough to mistake a DA doing his JOB, which is prosecuting criminals, with having absolute power? Yes, let's compare the DA or El Dorado County with Kim Jung Un? While we're at it, how about we compare and contrast Ray Nutting with Toronto Mayor Rob Ford? One smokes crack, the other smokes up the forest with illegal fires. I'll let you decide which is which. Gotta love EDC residents!

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  • smells of fakeryDecember 09, 2013 - 10:48 am

    lolololololol ............. fake oh brother's fakery is a laugh riot.

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  • oh brotherDecember 09, 2013 - 11:37 am

    Did you fart?

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  • kggDecember 09, 2013 - 10:54 am

    oh brother asks: "does it bother anyone that there are people in this county dumb enough to mistake a DA doing his JOB, which is prosecuting criminals, with having absolute power?" it does bother me. i don't have a dog in this fight but it does seem that if nothing else ray nutting is guilty of exceedingly poor judgement. why not let the trial run its course and then decide? that is the way its supposed to work.

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  • 1036-FrankDecember 09, 2013 - 11:41 am

    Ask any inmate in the jail, "Are you in here because your a criminal or did you use poor judgment by being caught." One answer is foolish, the other is expected. The jail is full of misunderstood innocent people accidentally caught by bad luck, just ask. Excusing someone's criminal actions because of who or what they are, whether a politician or a pauper, is indeed poor judgment. The people will have the final judgment as it should be unless a sudden plea deal is made as the trial date approaches, the delays failed and the appeals were rejected. This wouldn't surprise anyone. What is going on now will only greatly surprise someone's bank account with their poor judgment to hire a group of notorious high paid attorneys who appear to want a new ranch to add to the portfolio.

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  • Bob ReevesDecember 09, 2013 - 12:07 pm

    "The desires of wicked" are hurtful both to themselves and others.

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  • oh brotherDecember 09, 2013 - 12:17 pm

    Amen!

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  • John S.December 09, 2013 - 3:25 pm

    I wouldn't call it a ranch

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  • 1036-FrankDecember 09, 2013 - 4:54 pm

    The ranch, whatever it is or isn't, might already be heavily liened for attorney fees or someone's bank account is about drained as I have never seen this many pre-trial appeals or motions combined with a writ to the Supreme Court prior to trial attacking the indictment and the charges, basically unheard of and fools errands and very expensive. An honorable person in public office steps down upon indictment and if they believe they are innocent, asks for an immediate jury trial, this public circus delay game has been a first for the county, and all should hope, the last.

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  • GrizzDecember 09, 2013 - 6:05 pm

    How do you defend a client who at every chance jumps out in the public, on TV or in the newspaper and admitts guilt..his statements on chanel 13 alone are enough to convince even the supportive that he has done everything that has been charged.Tax evasion and out of state purchase of a frat house are federal violations and then to start yet another fire after being caught shows that he doesn't care about violating the law.Then to solicit money from county employees and then to do that again after being told not to spells; S T U P I D. Oh well he estabilishes that fact also and we the people are to sit back and watch this fool commit more violations as long as he is free to do so, I guess any publicity is better than none.

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  • Fran DuchampDecember 09, 2013 - 6:43 pm

    "How do you defend a client who at every chance jumps out in the public..." <---are you referring to his lawyer? Grizz, do you have a link that proves he said he was guilty of everything YOU are accusing him of? I like links...lets me decide on my own, and not just through hearsay--what might to actual testimony. Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience nor can it be adequately substantiated (Oxford dictionary online)

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  • grand funky chicken.December 09, 2013 - 8:06 pm

    Fran, I daresay hearsay is all the say you'll find hear.

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  • grand funky chicken.December 09, 2013 - 8:09 pm

    *here.

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  • Fran DuchampDecember 09, 2013 - 8:56 pm

    GF Chicken...you made me laugh....much respect. Count your lucky stars that you are not KF chicken...you would not me dancing the funk. Good night.

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  • grand funky chicken.December 10, 2013 - 3:43 am

    Barraack! Er,nite fran.

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  • GrizzDecember 10, 2013 - 6:20 am

    Fran, facts are facts, Ray on TV =Fact, Ray obtaining money from measure F=Fact, Ray burning w/o permits on non-burn days=Fact, Ray not reporting income=Fact, Ray stating; "Yes I took money and will continue to do so.."=Fact, Ray buying a house in S.D. with non-reported income.=Fact, Ray obtaining grant money=Fact, Ray threating George Turnboo and others=Fact, Ray collecting money from county contracted employees=Fact etc. the list goes on and when Ray speaks on chanel 13 re-listen to the things he says=Fact. Once caught he tries to explain away the facts but the paper trail speaks volumes and the facts are facts but if you choose to ignore them then I guess we can't bore you with facts now can we? Look at his lack of reporting then his statements of; "I didn't know, I forgot, I should have filed but didn't I signed my name but I didn't read it, I'll refile." But then again those are facts and his words so I guess we should just wait till he speaks again about why it's ok for him. Then make "our own decision".

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  • FrizzDecember 10, 2013 - 6:56 am

    Grizz we just love all your quality facts you just keep writing them up and we'll just keep lapping them up

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  • factsDecember 10, 2013 - 9:28 am

    It doesn't really matter what people post on these strings. But one thing is for sure, Ray Nutting's defenders have freed themselves from the shackles of common sense, moral decency, civic pride and self respect. The defenders of Ray Nutting are just like Ray Nutting.

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  • Fran DuchampDecember 10, 2013 - 11:19 am

    THE COMMUNITY LAW ENFORCEMENT AND COURT SYSTEM A THIRD or FOURTH GRADE SOCIAL STUDIES TEACHING UNIT: The student will appreciate and explain the basic rights of a citizen in a community. The student will understand and appreciate how the local law enforcement and court system functions. The student will be able to apply his/her understanding and knowledge of the law enforcement and court system when confronted with a realistic community situation. http://teacherlink.ed.usu.edu/tlresources/units/socjust/JUSTICE.HTM Basically they will learn a person is innocent unitl proven guilty in a court of law. sorry people keep forgetting our rights. Great learning tool...maybe some of you could take a field trip to speak with a judge and learn peoples rights here in america. Everyone, including Ray is innocent until proven guilty in a court of law.

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  • factsDecember 10, 2013 - 11:29 am

    Well it's quite obvious that Fran is as sorry as Ray Nutting.

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  • 1036-FrankDecember 10, 2013 - 12:09 pm

    All of the facts have been public for many months and they are very clear which has allowed people to see the evidence which is good. At the same time the Sac DA has charged another public official with almost identical crimes, the other guy stepped down immediately and there were many calls for his resignation, just like here, or he faces a vote to throw him off the board which should have been the case here. The real mystery, outside of the weekly circus acts, "press" releases, and very blatant attempts to blame others for one's own actions, is all the money wasting going on with his defense antics which are like giving a kid or an attorney a blank check. All of this leads to some very serious final decisions about how some will gamble it all on a roll of the dice or take a last minute plea.

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  • Fran DuchampDecember 10, 2013 - 3:09 pm

    Facts...what I really like is how no one knows my position...because I havent given it--kinda makes everyone look silly that suggests different about me. Just the facts (wink) I have stated a rule of law for every American...do your homework :) For me--there is nothing to be sorry for--I have given the facts...not made up anything...sorry . Shrugging shoulders. Everyone is innocent until proven guilty in a court of law. Even for Mr. Harn or the DA--if they end up facing charges. I will still say the same statement. Picking on innocent little old ladies...shame on you. lololololol

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  • factsDecember 10, 2013 - 5:03 pm

    You have made it very clear for a long time that you are as crazy as Ray Nutting

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  • Fran DuchampDecember 10, 2013 - 6:07 pm

    aw Facts...are you trying to be mean again. At least I know my name :) I am in awe...first you are a lawyer, then a judge, and now a psychologist. I want to be you when I grow older. Im not sure how anyone has ALL the facts...are you saying you have information that answers all the questions--do tell. Otherwise you and your group are just making waves--and sadly--it doesnt matter. If you are so insecure with the facts that you have to judge someone here on the wall...he probably will win. If he is as guilty as you claim...wont that come out in court? I just like taunting you...no matter what happens--one of us will get to say "I told you so" lololol...it will be nice to act your age for awhile. It gets tedious always having to be the grown up.

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  • Bob ReevesDecember 10, 2013 - 5:37 pm

    If people give money to Raymond Nutting for his defense and then he takes a plea deal, do they get their money back?

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  • Where's Ray?December 10, 2013 - 6:37 pm

    From what I understand. All contributions for his defense fund must be reported by him. But obviously that's never motivated him before.

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  • Fran DuchampDecember 11, 2013 - 8:29 am

    See Morris--I like that you are thinking outside of the box...there are other things to talk about...what color tie would you suggest? As I understand from a friend (who is also a lawyer--wanted to be a surfer--just didnt work out for him.) many lawyers will suggest certain colors of suits...grey, black, dark blue...brown is not popular. He also claims that you should not be prettier than the DA--you are defending yourself...not making a fashion statement. There are actually sites for this--and the rich and famous pay people to dress them. How to Plan Your Wardrobe for Court http://www.wikihow.com/Plan-Your-Wardrobe-for-Court Love it Morris...now lets look at the other side--someone in the background is wearing orange...no one should wear orange inside a courtroom...unless they are a prisoner. It clashes--and makes a bad statement. And what about the judge? Do they wear suits under their robes or sweatpants? should they wear for comfort? If someone is uncomfortable...they tend to be "unfriendly" and could make bad choices. Have a great day Morris.

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  • In the KnowDecember 14, 2013 - 8:58 am

    "Birds of a feather flock together", guess who attended the fund raiser for Ray why it was criminals; Cris/Dan, imagine that- all three sitting down for dinner and compairing notes for the upcoming testimony and making sure the stories are all the same..gotta love it but didn't Ray say that; "he wasn't involed with them guys"..just like Bill when he said "I didn't have sex with that woman Monika Luenski". Funny stuff, we can't make this up and Ray gives us all the ammo to just report the facts, wonder if Cris drove there on his revoked driver's license?? Wonder if they have adjoining cells in the big house so that they can play games together....numbers getting smaller, who will be ther when the gavel falls????

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  • Fran DuchampDecember 14, 2013 - 12:04 pm

    So you were there In the know?

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  • cluelessDecember 14, 2013 - 12:12 pm

    in the know knows less than me and thats really going some cause I only know what vp's buds put out on this rag. 24/7 hour job, you know.

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  • Fran DuchampDecember 14, 2013 - 5:59 pm

    lolol...clueless...you seem to be in the know...more than most anyway.

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  • EvelynDecember 14, 2013 - 6:12 pm

    Maybe Public Knowledge from Hoffman's campaign could lend a hand.

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  • Phil_VeerkampDecember 14, 2013 - 9:52 pm

    LINK - Preview of trial

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  • 1036-FrankDecember 18, 2013 - 11:22 am

    Tis the season at the new/old Wiener ranch and ranches and County fire wants to know if anything is roasting on an open fire? Maybe someone should buy as a gift one of the new powerful vacuums for use on wallets and purses of the unwary to use at these fundraisers for legal bills events, have party goers stand in a line for a clean up to help pay for the long delayed defense. These parties seem to be a lot like selling slightly used bridges and never issued mouse chewed govt. cheese. This will never pay the ever growing legal bills but might be a down payment. Wonder if there will be more of these part with your cash and "pay Ray to delay" parties, and if they don't hurry, there just might be a final "going away" party soon.

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  • oh brotherDecember 18, 2013 - 1:23 pm

    Sweet Baby Ray! He'll ask you all to pay! To keep the law at bay! And the dullards will obey! He'll delay and delay until May! Nothing good on Santa's sleigh for Sweet Baby Ray! Next years Christmas dinner will be enjoyed on a jail tray! Yay!

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  • oh brotherDecember 18, 2013 - 1:33 pm

    I did not post that.

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  • oh brotherDecember 18, 2013 - 1:37 pm

    Yes I did.

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  • 2tall4agirlDecember 18, 2013 - 4:53 pm

    Go ahead Ray. Push this to trial. Innocent peole don't take plea bargains, right!!?? And I'm sure all the Bubba's and Chester the Molesters are thinking the same thing. Licking their lips over Ray's slim and trim physique and those big blue eyes. One thing Ray, you will still retain your popularity!

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  • Phil_VeerkampDecember 18, 2013 - 5:12 pm

    You seem to have a lot riding on guilty.

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  • ohhhhhhhh, brotherDecember 18, 2013 - 5:43 pm

    indeed so

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  • oh brotherDecember 19, 2013 - 10:06 am

    The entire county has a lot riding on guilty. I know people who live near Sweet Baby Ray who don't want their houses burned down are probably counting the days to his incarceration. He can't start forest fires from a jail cell.

    Reply | Report abusive comment
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