You can sugarcoat it anyway you want, but that is the very definition of conspiracy. His behavior was lowlife behavior.
But this is the pool culture. If someone does one thing well enough they get a free pass on other things.
Nobody has said Ernie should get a free pass for any crime, at least from what I've read so far. The only out he's been given is the possibility that he sold the cues legally to be possessed legally in the US, then was blindsided when the buyers attempted to take them to Taiwan.
I am sure you have never had the misfortune to stand before a prosecutor and hope to hell to get a plea bargain for a lesser charge, because what they are really threatening you with is effectively a life sentence, a death sentence, for what is a he-said-she said crime of 'did he know they were going to Taiwan' and 'did he try to help them smuggle ivory out of the country', or was he just unable to come up with a defense he could trust would lead to a verdict he could live with.
Your balls will climb up into your stomach if ever charged with a felony. You will have to decide what is best for your life - plead not guilty because you are not guilty, or plead guilty to some charge because you can't afford the legal fees, can't afford the bad publicity, and most especially can't serve the draconian sentence you might get were you to plead not guilty, but lose your case.
Worst case is to be of limited means and to know there is no money to investigate your case, no money to hire a dream team of lawyers, while the government has a blank check to hire use as many lawyers and investigators as they can get their boss to approve... the sky is the limit for their staffing and funding. It is the entire judicial system of the Federal Government for crying out loud, against the resources of one citizen.
When your life is on the line, as Mr. Gutierrez's has been due to his age, you have to take the best deal you can get and live with it.
But that does not make Ernie a conspirator (the charge was not conspiracy) nor does it make him a low life (not a charge, either). It just means an ordinary citizen, faced with the extraordinary might and money of the federal judicial system, had to make a pragmatic decision based his judgment of the potential outcomes.
It happens daily, the extortion of a coerced or semi-coerced plea bargain, but it usually happens in state courts, and to inner city blacks, Hispanics and poor whites. Guilty or not, he took a plea of guilty and will have to live with it, though no court or jury found him guilty prior to his plea of guilt, which may or may not have had an element of coercion behind it.
I'm waiting for the book.
Last edited: