When the hearing resumed, Wagner's attorney, Robert Corrado, made several attempts to delay the sentencing, all of which Judge Schwarm denied. Two of Wagner's Jane Doe victims gave victim-impact statements--one a written statement read by a translator, the other a verbal statement. The latter victim called his crime "horrible" and wanted Wagner to go to prison for life.
Schwarm then sentenced Wagner to the four years in prison that had been part of his plea deal. Corrado asked that Wagner be held in protective custody during his incarceration; the judge granted that request.
Wagner was led away in handcuffs by bailiffs to await transfer to a state prison.
[Original Post, 11:20 a.m., Dec 16]: Bradley Stewart Wagner, the onetime Anaheim cop who targeted undocumented workers near Disneyland for sexual assaults while on duty, has managed to evade justice for more than five years.
But today, Superior Court Judge Walter Schwarm ended Wagner's stall tactics by refusing to allow him to withdraw his May 2010 guilty plea.
"Mr. Wagner has not met his burden to withdraw his plea," said Schwarm, who suggested that the ex-cop had been disingenuous by claiming he had been heavily intoxicated on drugs at the time he accepted the guilty plea in open court. "He was able to make a reasonable choice among alternatives that day."
Robert Corrado, Wagner's defense lawyer, argued that the court had a "liberal" obligation to let his client withdraw his plea.
"Yeah, he pleaded guilty," said Corrado. "So what? Why deny him a trial? I've asked him, 'Are you sure you want to do this [go to trial],' and he said he wants a trial because he didn't do it. He's sticking with that story."
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Wagner's numerous stories ultimately didn't save him from the slammer.
Slouching at the defense table, the 62-year-old Wagner showed no emotion at the judge's decision, but his heavily breathing wife sat nearby digging furiously through case files.
The DA's office gave Wagner a sweet deal: four years in prison. He had faced up to 11 years and six months in prison if a judge had sentenced him after a jury's guilty findings.
--R. Scott Moxley / OC Weekly