Judge rejects request to revoke Collins' probation

 

The Associated Press

A state judge Thursday rejected a prosecution request to revoke former Miami running back Cecil Collins' probation and send him back to prison for up to five years.

The Advocate reports ( http://bit.ly/14M00FV) District Judge Mike Caldwell stayed his ruling pending an appeal by East Baton Rouge Parish Assistant District Attorney Sue Bernie. Caldwell also set a $25,000 bond for Collins, 36, a standout at LSU and McNeese State. He ordered him to remain in Louisiana while the matter is on appeal.

Collins was released May 1 from a Florida prison and extradited to Louisiana after serving 13 1/2 years for committing a 1999 burglary in Miami while on probation in Louisiana. Following his arrest in Florida, Louisiana authorities issued a warrant for him for violating probation.

For the past 2 1/2 months, Collins has been held without bond at Parish Prison.

Tears flowed Thursday from Collins, known as "The Diesel," and members of his family when Caldwell ruled.

"I'm feeling excellent. That just made my day," said a smiling James Collins, who is Cecil Collins' older brother, outside the state courthouse in downtown Baton Rouge.

"It's been a long haul for Cecil. I think this is the first time he sees light at the end of the tunnel," added Cecil Collins' attorney, Rodney Baum.

James Collins said he hoped his young brother can bond out of prison by next week and join him in their hometown of Leesville.

Caldwell scheduled another hearing July 18 to give Baum a chance to present evidence in hopes of persuading the judge to let Collins return to Florida with his wife and children while the appeal is pending. He got married more than six years ago, while imprisoned.

The Louisiana probation stemmed from his April 1999 guilty plea in front of Caldwell to two felony charges of unauthorized entry of an inhabited dwelling and two misdemeanor charges of simple battery. Caldwell gave Collins a suspended five-year prison term and put him on probation for four years.

Collins' Baton Rouge charges stemmed from two separate incidents in June and July 1998 when Collins forced his way into apartments of women who lived in the same apartment complex as he did. He was accused of fondling the women.

In the Miami case, Collins was convicted in March 2001 of sneaking into his neighbors' apartment.

Following Collins' arrest in Florida, Louisiana authorities immediately issued a warrant for his arrest for violating probation.

Caldwell noted Thursday that Collins had filed a motion in early 2008, offering to plead guilty to violating his probation in exchange for a concurrent 18-month sentence. District Judge Todd Hernandez denied the motion without a hearing.

Collins filed another motion in 2010, asking to be allowed to plead guilty in absentia to the maximum sentence. District Judge Don Johnson likewise denied that motion without a hearing, Caldwell said.

"I was trying to get everything to run concurrent with Florida," Collins testified Thursday. "I was trying to get it taken care of as quickly as possible."

Caldwell said it is his opinion that Collins essentially requested a speedy trial in 2010, but Johnson denied the request.

Caldwell found that Collins' due process rights, specifically his right to a speedy trial, were denied through no fault of the District Attorney's Office or the Office of Probation and Parole. The judge also suggested Collins may have gotten "lucky" with the way the 2010 motion was handled.

"I don't believe the law required us to bring him back (to Louisiana) prior to the completion of his sentence (in Florida)," Bernie told reporters afterward.

"I really believe in my opinion that 13 1/2 years is enough," James Collins said.

Baum argued to Caldwell that Collins has been "significantly punished."

Information from: The Advocate, http://theadvocate.com

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