Bergstrom to appeal for new trial

Bergstrom to appeal for new trial

There are 195 comments on the Monterey County Herald story from Sep 24, 2009, titled Bergstrom to appeal for new trial. In it, Monterey County Herald reports that:

The jury forewoman in the sexual assault trial of Dr. Carl Bergstrom said this week that jurors convicted the Carmel physician on the theory his victim was too drunk to give consent.

Join the discussion below, or Read more at Monterey County Herald.

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feloniouspunk

Paso Robles, CA

#1 Sep 24, 2009
I wonder how well Mr. Worthington sleeps at night after trying so hard to get scumbags like this off on "technicalities"?
Huh yeah

Salinas, CA

#2 Sep 24, 2009
In his motion for a new trial, Salinas lawyer Tom Worthington says Scott committed a "reversible error" by using a jury instruction that is supposed to accompany a charge of raping an intoxicated person, not forcible sodomy, with which Bergstrom was charged.
So, while raping a drunk person is against the law, sodomizing them is perfectly fine? Can't you do better than that for your client Mr. Worhington?
I approve this comment

United States

#3 Sep 24, 2009
Hey, Dr. B - thanks for wasting tax payers money trying to get yourself a new trial, and asking us to re-prosecute you.

You were found guilty for a good reason - you ARE guilty. Being a man means accepting that what you did was wrong. Forcing yourself on a woman does NOT make you a man - but rather makes you a coward.
Army

United States

#4 Sep 24, 2009
Worthington said he had fresh evidence, but this doesn't sound like "fresh evidence" to me. Nor does it seem like reason enough to pay for a new trial. I thought both sides got to review the jury instructions before they were given to the jury anyway, or is that not done anymore? Seems a little late to object if they saw the instructions before the jury did.
Mark_E

United States

#5 Sep 24, 2009
Dr. B asserted: She never clearly communicated a withdrawal of that consent.

What, Doctor, you couldn't make out that she was saying "stop" through all the screaming? Puhleez. Sounds like another meaning of the word "is" argument.
Dr Who

New Cuyama, CA

#6 Sep 24, 2009
Seems like a last ditch effort by Worthington. With all the weeks that have gone by, Worthington's argument isn't a powerful one. Let's see how much time Bergstrom has to serve.
jasey

Salinas, CA

#7 Sep 24, 2009
Dr Who wrote:
Seems like a last ditch effort by Worthington. With all the weeks that have gone by, Worthington's argument isn't a powerful one. Let's see how much time Bergstrom has to serve.
"All the weeks that have gone by". Our legal system isn't exactly drive through appeal courts. And you have no idea what they may have besides what you have read. Don't be so quick to jump to conclusions.
carmel

United States

#8 Sep 24, 2009
"We felt like with her level of alcohol, there was no way she could have understood." as stated by the juror. Does that also apply to his level of alcohol? If they were having consensual sex all night, did he understand the nature of their interaction. Don't alcohol and drugs impair judgment, slow reaction, cause people to behave emotionally intense or passive? I say they are both guilty of reckless behavior and irresponsible choice making. It would be interesting what will happen tomorrow.
Princess

United States

#9 Sep 24, 2009
Let us pray for what is right and fair.
Huh yeah

Salinas, CA

#10 Sep 25, 2009
Princess wrote:
Let us pray for what is right and fair.
Prayer is good. But we need to WORK for what is right and fair.
cvkathy

United States

#11 Sep 25, 2009
Huh yeah wrote:
<quoted text>
Prayer is good. But we need to WORK for what is right and fair.
In what way?
Princess

United States

#12 Sep 25, 2009
Dr Who wrote:
Seems like a last ditch effort by Worthington. With all the weeks that have gone by, Worthington's argument isn't a powerful one. Let's see how much time Bergstrom has to serve.
He wasn't that good to begin with !
Army

United States

#13 Sep 25, 2009
Does anyone know when this hearing is to take place?
oh boy

Salinas, CA

#14 Sep 25, 2009
Army wrote:
Does anyone know when this hearing is to take place?
It's a done deal as of about 1:00pm. No retrial, 6 years and he must serve 85% of his term. JUSTICE SERVED!
cvkathy

New Cuyama, CA

#15 Sep 25, 2009
oh boy wrote:
<quoted text>It's a done deal as of about 1:00pm. No retrial, 6 years and he must serve 85% of his term. JUSTICE SERVED!
I'm sorry to hear this. Not because he's not guilty but it's just plain sad for everyone.
Woohoo

United States

#16 Sep 25, 2009
The system seems to be working! Now can we all shut up?
oh boy

Salinas, CA

#17 Sep 25, 2009
cvkathy wrote:
<quoted text>
I'm sorry to hear this. Not because he's not guilty but it's just plain sad for everyone.
I agree it's sad for his family and friends but I'm glad we did not waste tax payers money for a new trial. The judge called him a sexual preditor and I agree with him. I do however think 6 years is a bit long... 3 years would probably have sufficed. Hopefully this will enable him to make the changes he needs. Other options didn't seem to work for him. He continued his unscrupulous behavior for far too long and none of his close calls and lucky breaks did anything to change his ways so maybe this is what it takes... Let's hope for all concerned. And may I add, hopefully this whole experience will make JD#1 change her ways as well.

Since: Jan 09

Location hidden

#18 Sep 25, 2009
oh boy wrote:
<quoted text>I agree it's sad for his family and friends but I'm glad we did not waste tax payers money for a new trial. The judge called him a sexual preditor and I agree with him. I do however think 6 years is a bit long... 3 years would probably have sufficed. Hopefully this will enable him to make the changes he needs. Other options didn't seem to work for him. He continued his unscrupulous behavior for far too long and none of his close calls and lucky breaks did anything to change his ways so maybe this is what it takes... Let's hope for all concerned. And may I add, hopefully this whole experience will make JD#1 change her ways as well.
Well said, both by you & cvkathy.
cvkathy

New Cuyama, CA

#19 Sep 25, 2009
oh boy wrote:
<quoted text>I agree it's sad for his family and friends but I'm glad we did not waste tax payers money for a new trial. The judge called him a sexual preditor and I agree with him. I do however think 6 years is a bit long... 3 years would probably have sufficed. Hopefully this will enable him to make the changes he needs. Other options didn't seem to work for him. He continued his unscrupulous behavior for far too long and none of his close calls and lucky breaks did anything to change his ways so maybe this is what it takes... Let's hope for all concerned. And may I add, hopefully this whole experience will make JD#1 change her ways as well.
I agree - it sounds like both need to figure out how to be a little bit more responsible.
claudia treadwell

Monterey, CA

#21 Sep 25, 2009
Worthington is an incompentent attorney. I specically told Bergstrom that a more high powered lawyer - like Rosen, Biegel or Martinez - would serve him better. Having his own patient represent him looks like a dad saying"my son would never do this." I have no idea what happened, but am greatly saddened by this trajic occurence and outcome. He threw his life away, for nothing. As a doctor he was truly great.

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