All of these cases will include evidence from the other cases. When you sentence somebody, you want to know as much as you can as a trial judge. If there are other cases or convictions that come in, I'm sure that he would be interested in hearing that.
He's (Grady Irvin, McPherson's attorney) an attorney with a significant client. He's obviously going to represent his client as aggressively as he can. He has not had an opportunity to see the evidence, which the police still have, in the form of statements and documents – the computer, the computer search. There's a lot of evidence that I'm sure he'll be viewing.
I don't think he (Irvin) has any (evidence). Typically, once the arrest is made, the attorney puts in his request for discovery. Since the arrest was made this morning, to my understanding, I imagine in the next few days he will get that.
He has only the original check case. He does not have, I'm sure, any of the information that the police have just filed this week.
Q: Has there been discussion on a plea arrangement?
A: There is no plea agreement. I'm not so sure there will be one, on any case.
Q: Will there be an offer?
A: I do not anticipate there will an offer.
Q: Are they not interested in a plea?
A: Because there's no offer doesn't mean there wouldn't be a plea. Judges get paid to sentence people. There are cases that are disposed of by open plea to the judge without agreement to the state. A formal hearing is held on the evidence, and the judge makes a decision. That well could be the way this case goes.
Q: That's opposed to an arrangement between the State Attorney's office and Mr. McPherson?
A: I do not anticipate an agreement.
Q: Did he turn himself in for both gambling and the check charges?
A: That's what I was told. If you were booked on one, they'd automatically book you on the other.
Q: How would you ensure that Mr. Delach comes to Tallahassee.
A: Mr. Powell, his attorney, I'm sure is aware of the outstanding warrant. I'm sure he's advised his client. He either comes, or, if he doesn't, some time in the future he may be arrested in Pennsylvania and extradited.
Q: So if he's pulled over in Pennsylvania, there's an arrest warrant for him?
A: I believe. That's entered by the police. They had our authority to do that. Whether or not it's physically been done, I don't know.
A: Ten days or so. Routinely, an arrest is made corresponding to communication between our offices and agencies. There's procedures for them to forward the materials to us so we can build a file. If we get a request from the defense attorney, we try to give it to them. That happens in every case – this is not going to be different. There's a lot of material.
Q: Did you have any discussions with the task force during the campus gambling investigation?
Q: Mr. Irvin, in his statement yesterday, indicated something that's contrary to some degree with what the task force indicated. Do you have any reason to do any more investigating of gambling, knowledge of gambling, chargeable gambling going on in the program? Mr. Irvin says there's a lot of people aware of alleged gambling going on. Do you have a response.
Q: There's only one charge of gambling against Mr. McPherson. According to the probable cause affidavits on the other two cases, there are witnesses attesting to other instances of gambling. Is a lack of evidence the reason for there being only one charge?
A: When the police do a case, they make a judgment call on what charges, or how many, are proper to be brought, according to them. When we get the case, sometimes we add or subtract charges based on their probable cause. We have to have probable cause to file against them. As a matter of policy in our office, we require more than that. We make other decisions about whether you should be charged. In this case, the probable cause does indicate there could be additional counts or charges brought against him. We will review that when it comes in and make a determination.
Q: Are you on the gambling case?
A: I have the probable cause, but I don't have the case. I may or may not be assigned the case. I don't work in the misdemeanor department.
Q: You expect more charges to be added?
A: There could be.
Q:Do you anticipate that any other people will be charged in relation to gambling?
A: No. … It's really not proper for a prosecutor to comment too much on evidence. The police have made various decisions. We will review those when it comes time to actually file information, and go from there. There's obviously a lot in those probable cause statements.