Nicole statement

This is from last November, as you can see from the date. I want to talk about the paragraph with the yellow highlighting.

Joe took an Alford plea.

I will admit that I never heard of such a thing before, but then again, I don’t have a whole lot of experience going to court.  So I asked a lawyer, and I looked it up.

Plea bargaining, in and of itself, is a bit of a controversial topic. There are good arguments in favor of the practice (clears the docket, keeps the state from spending zillions of dollars trying people who readily admit guilt, or when it’s obvious they are guilty) and against the practice (tends to very much disadvantage the poor for various reasons, voids the defendant’s constitutional rights).  I won’t go into all of that here, but it’s interesting.

In an ordinary plea bargain, the defendant is required to stand in court and admit guilt.

In 1970, the United States Supreme Court heard a case called North Carolina v. Alford, and ruled that there was no constitutional barrier to a person pleading guilty without admitting guilt.  If this interests you terribly, here’s a place to start.

So, at its core, the Alford plea is simply a guilty plea in which the defendant does not have to stand in court and admit guilt.  Everything else is the same.

. . . he was NOT stealing water nor did he threaten anyone with a weapon.

This is simply Nicole’s assertion. It is not a legal finding. In many cases involving plea bargains, the defendant agrees to plead guilty and by doing so, is convicted of a lesser crime.  I don’t know if that was the case here, but it often is.

So, Nicole’s statement includes the ambiguous statement that Joe “took” an Alford plea and then consists solely of her own opinions.

But her alter identity (or her surrogate) is not ambiguous at all.

not guilty

Notice the date on this.  June 16, and that’s this year. Just a few days ago. Why was this brought up now?

Well, Joe is facing a courtroom yet again.

Joe Naugler was not found guilty of menacing.

Wrong. Totally false.  He, in fact, was convicted of menacing.

Here are the court documents.


Notice the charge?  Menacing.


I have highlighted all the places where this document (which is the Alford plea) uses the word “guilty.”  How many times do they have to say it?


And notice the word highlighted in red?

. . . because of my conviction here today. . .


Let’s define these words.

click image to link to source

conviction 2

Joe Naugler was, in fact, convicted of menacing. The only thing that is missing is an admission of guilt from him; however, prisons are slap full of people who have never admitted guilt.



67 thoughts on “Pleading”

  1. I find it very hard to believe that cps only found that they were guilty of not registering the kids as home schoolers and keeping the kids for 8 weeks as a bargaining chip. To me there is a lot more to this that she isn’t admitting to.


  2. Sally, you rascal! I adore your writing, thank you for keeping things honest!

    These Naugs really make me see red. Poor kids, they’re learning the piss poor social skills of mom and dad instead of being around other more appropriately parented kids in order to learn social skills. I am scared for their future.


  3. Is it standard for an attorney to advise their clients of the “Alford plea” option in cases like this? Something tells me that the Nauglers instructed their lawyer to roll it out this way. Going to court and skirting the consequenses for their dirty deeds is an ongoing thing in the Naugler world.

    Joe is guilty.

    IMO, Nicole is guilty of being a manipulative liar. Not only about this court case but of every aspect of their lives. It’s all lies. It’s all a fabrication to mask the truth.

    The truth is, Joe and Nicole Naugler are lying, grifting, uneducated, irresponsible, abusive, mentally ill , impoverished low life criminals who don’t know when to stop having children.

    I hope Joe and Nicole get a good smack down regarding their waste. The law needs to keep a good eye on them. They are a danger to society and their children.


  4. Agreed, A.
    But with the private nature of family court, Nikki could state they were only guilty of forcing the kids to say grace, and no one could find out otherwise.

    Mindy, you know were dealing with the shallow end of the intelligence pool.


  5. I didn’t know that page even still existed, but I have to ask; why is she bringing this shit up again? According to her, it’s all over. Water under the bridge. Leave me in peace or some shit like that, but lately shes been bringing up lots of stuff that has to do with the kids and the CPS thing.
    Anyone else noticed a theme lately?


  6. Bethannie, I think CPS never returned legal custody of the children back to the Nauglers. That they are on a deadline to meet a criteria to regain full custody. Physiological evaluations for the Joe and Nicole?


  7. Bethannie, isn’t that the truth, not the brightest or the most mentally stable over on that side (looking at you “Charles”). I agree, something is up. It seems really odd that she is asking her followers for specific curriculum and gets pissy for them being too general. She’s fishing for information it seems, looking for answers, IMHO.


  8. According too get Own post last year.

    Not registering,not cooperating with police to see the kids, resisting arrest.


  9. As I was on my way to work yesterday, I saw the HMS Naugler parked all catterwompy at the Custer store. I looked over at them and Joe promptly gave me the middle finger salute. Within seconds, Nicole’s phone popped up. Perhaps they were hoping I would return the kind gesture and they could have me on film being a jackass?

    Sorry you weren’t able to get what you hoped for. (Me acting like you).

    The outcome of this current court case has implications and variables that I don’t think they’ve completely considered. It might seem like something with a quick porta-potty fix.


    I hope they fight it tooth and nail. I hope they show their asses and “educate” the environmental department. Then again, other things are happening and they may once again choose to take the “not guilty” guilty plea. So that in the conviction they can say they weren’t . . . or whatever the fuck it is that goes on in those noggins.

    Me, I’m just eating popcorn, laughing, getting flipped off by a loser, and being patient.

    You have a wonderful evening Joe. Thanks for acknowledging me. Made my evening 😉 Great lesson for the little ones.


  10. Thank you for writing this blog. I can’t seem to help but to gawk in horror at the continuing mess that is the Nauglers. I only became aware of this story on Free Jinger a week or so before you started this blog, so I see references to things like people’s comments elsewhere on the web that I was too late to read. If they received the same harassment from the Nauglers that I’ve seen aimed at other critics, I can understand why they’d be deleted, but I was wondering if you would consider doing a post on what is known about the Naugler parent’s past behaviour. Specifically, I’d love to hear more of the story from when they were part of their church’s ward, and what happened to get them kicked out. I’ve really enjoyed your previous posts.


  11. . Specifically, I’d love to hear more of the story from when they were part of their church’s ward, and what happened to get them kicked out.

    The problem with that is that I don’t have any first-hand knowledge of anything, except in confidence. The folks involved almost universally do not wish to be identified publicly for fear of retaliation from Joe and Nicole. So I am going totally on rumor and of course, Nicole’s spin, which is that the Nauglers were just marvelous but had some political/parenting/religious ideas that perhaps weren’t entirely welcome, so the terrible Mormons were less than friendly. I strongly doubt that version.

    If anyone wants to elaborate on this anonymously here, that would be fine.


  12. “Motion to enter guilty plea pursuant to North Carolina V. Alford” is an Alford plea. There are times when this is a valid plea to use, such as times when a defendant can’t provide an alibi and weak evidence may suffice, or a person was framed, or someone can’t afford the costs of going to trial. Public defenders are so overloaded that guilty pleas are often taken because it’s easier for a defendant to move on with their lives. I do not take every guilty plea at face value when justice in the US means a white kid can kill four people and get off because of “affluenza” while a poor mother might have to take a guilty plea to stay out of jail for the sake of her kids when she didn’t know her boyfriend was dealing under their roof while she was at work and now she’s being nailed for manufacturing because the asshole, in his own plea, named her as the boss. Alford pleas aren’t always offered, which is why so many innocent people just plain say guilty. An Alford plea can piss off some judges who want defendants who say guilty to seem contrite, which you won’t be if asserting innocence.

    Despite an Alford assertion of being innocent despite saying guilty, everything is the same. A conviction is a conviction. Whether Joe took an Alford plea or just plain said guilty, a conviction is a conviction. So yes, he was convicted. He is considered guilty.

    But what else can we expect from people who see taking water that isn’t theirs and telling a kid to get a gun as something other than theft and threatening someone? Perhaps they were “borrowing” the water, and needed the gun to shoot at birds? Regardless of plea type, regardless of conviction, regardless of what they want to call it, taking what isn’t theirs without permission and telling someone to get a gun is theft and menacing. Joe is just plain guilty.


  13. Sally,
    Thank you for the documents that were signed for the Alford Plea. It shows another aspect to this type of plea that I did not know (guilty plea, but not admitting guilt). Sometimes the legal system is really confusing. IMO, the reason the Get Your Facts site posted in regards to the Alford Plea is due to BLH: C and D posting that Joe was found guilty of menacing.

    A and Bethannie,
    The details of the case are not revealed, but the process is provided at the Kentucky CHFS website. It used to be easier to locate, but I had to review the manual to confirm the following. The first decision when receiving an allegation(s) is whether to investigate or decide that ‘family in need of services’ (FINA) is appropriate. CPS investigated the allegations. Allegations are either found valid (substantiated) or not valid (unsubstantiated). If you review the letter that Nicole posted you will notice that it was a substantiated letter and contained two allegations (concerns): educational and environmental (SOP 163.16, when abuse or neglect has been substantiated and the CQA approved, a substantiated investigation notification letter will be sent). Nicole and Joe both insist that the only finding was a lack of registration, but the letter says otherwise.


  14. Joe and Nicole would like for you to believe the only substantiated finding was educational neglect, but that is not the only substantiated finding. CPS also found environmental neglect as well. Now Nicole has tried to spin it as there was no finding of environmental neglect since the phrase she herself had posted read Environmental neglect-no services needed. However since the Nauglers had the cleanup day, fenced in the burn pile, as well as purchased the garden shed, there were no services needed, the Nauglers did it themselves. However there was in fact environmental neglect and to this day I believe that environmental neglect still exists. The Nauglers did the bare minimum to get the kids back and then let it all go to shit again.


  15. *Joe Naugler was, in fact, convicted of menacing. The only thing that is missing is an admission of guilt from him*

    A guilty plea is a guilty plea is a guilty plea.

    He pled guilty.


    His signature on a plea that resulted in a conviction and FINDING of the court is good enough for me.

    Found guilty. They can put marbles on the turntable and click the 78 RPM switch. No spin works here.


  16. I agree they only did the bare minimum to get their kids back. Also agree that they just let it all go back to shit.


  17. Annie,

    I won’t be too specific here, but I was there in church in E-town when they were there and they acted all interested in the beginning but they got really nasty at the end. The kids had a hard time interacting with other kids, were really quiet and shy or were totally out of control. Nobody knew what Joe did for a living. Folks at church were nice to them and tried to help them. Joe acted like everybody owed him something for coming to the ward. Nicole was very quiet. Joe tried to act like he was all important and tried to bully people. When they didn’t get what they wanted, Joe got really mad and threatened people. One Sunday they quit coming and they moved to Glasgow. As I really don’t want to be stalked by Joe I am being really choosy with what I say. Let’s just say that most all of the scary and crazy things the Nauglers say other people do to them, that’s a bunch of what the Nauglers were doing to people from church.

    I’ve told Sally a lot more than this in an email and she knows who I am.


  18. “Mindy, you know were dealing with the shallow end of the intelligence pool.”

    It needs a big dose of bleach.


  19. Is an Alford plea essentially a no contest plea?
    We had a woman who was driving a hand-controlled car in December 2015 and ran into a group of pedestrians in a crosswalk, leaving a Christmas program and killed 4 people( a child and his mother and 2 elderly women). She blew through 2 stoplights and finally hit some cars. She has been in jail ever since, and this week was sentenced to 4 months. People here are up in arms. She pled no contest and had a non-jury trial. She said she had an immense burst of pain and lost control, but that was never brought up before the judge. Her tox screen was minimal but did show opiates, benzos and a couple of non-narcotic meds. I don’t know what the judge was drinking the other morning, but 4 months for 4 lives? He did suggest she not drive again. Maybe the DMV will revoke her license?

    Nicole keeps spinning things her way. Pretty soon she’s going to run out of ways to spin and those children won’t be there, and if she is pregnant that one will be handed over as well. They aren’t parents they are hardly caretakers. Cats are better mothers than she is. (NO offense to cats)


  20. Of interest, is the Motion to Enter Guilty Plea, item #11.

    11. “…conviction here today, I may be subject to greater/enhanced penalties if found guilty and/or convicted of any future convictions.”

    So maybe a question for a legal professional, if Joe were to take another Alford Plea on a current or future court case, he would still be at risk for greater penalties. Is that correct?


  21. amulbunny, are you talking about the Redondo case from December 2014? Margo got three *years* and four months. It was an open plea.


  22. If there is another conviction would that be grounds for CPS to step in again? (Unsanitary living conditions?) And if so, would it benefit them for Nicole, if she is pregnant, to deliver a baby in another state, such as Indiana? Just thinking about how they have run from state to state avoiding consequences in the past.


  23. Kentucky Bred, it is my understanding that an Alfred Plea can only be used one time in a persons life.
    It kinda reminds me of Georgia’s First Offenders Act they use to have a few years ago.
    Joe can not take another Alfred Plea.


  24. Kentucky Bred, it is my understanding that an Alfred Plea can only be used one time in a persons life.

    This is not true. An Alford plea can be used any time the judge will accept it.

    It’s not the smartest thing to do [PDF] (use an Alford plea) but of course, nobody ever accused Joe Naugler of being smart.


  25. I appreciate your input, Melissa.

    So, it appears that another guilty and/or conviction for Joe, may be subject to enhanced penalties.

    This is from the Menacing conviction. And then there is at least another, that has probationary clauses for 2 years.

    Just kind of thinking this through, Joe might plan to keep his nose clean and stay out of trouble. Or else plan for financially investing in a very good attorney, that may possibly win a case of innocent. Another guilty conviction, well I assume he is aware of the potential enhanced consequences, because he did sign in acknowledgment as documented in the Motion for Guilty Plea for the menacing charges.


  26. Is an Alford plea essentially a no contest plea?

    No. It’s essentially a guilty plea, and once filed is treated identically.


  27. Susan, you are right. I misread it today when I read the Breeze online. I can’t count the number of times I’ve been at that intersection since that accident and say a prayer each time. Both my little bunnies graduated from RUHS and I know a lot of people who went to St James.

    Still 3 years doesn’t make up for 4 lives. And how does she get credit for 1105 days served when she’s only be in custody since Dec 2015. Interesting how courts add up time served here. I come up with +/- 540 days in custody.

    Oh well, sometimes you shake your heads at the Torrance Court.


  28. Homestead maw does not use any critical thinking skills that she mistakenly thinks she has. Why post lies when she has already posted the paperwork/truth , etc.? Can her leghumpers read? Do they use their (nonexistent) critical thinking skills? Are they frightened to mention maw’s constant fables? If so, why? Do they pity her? Are they just as whacked as maw?
    Too many questions, I know. If maw were posting here, she would answer questions with more questions, and then block me. Nanny Nanny goat, maw


  29. I have a problem with the timeline. The children were returned in early July 2015. The plea was taken in September 2015. So, how exactly were the defendant’s witnesses, the elder boys possibly seen as “bargaining chips” to force Joe to take a guilty plea if they already been home for two months?

    Alford pleas and no contest pleas are almost identical, both result in a guilty plea and a criminal conviction. They may be taken anytime a judge is willing to accept them. The criminal charge was a misdemeanor, making the chance that an Alford plea would be acceptable greater.

    Joe was represented by an attorney whom he chose and presumably paid. As far as I can see after several pre trials, Joe took an Alford plea for the full criminal charge initially brought and with the approval of his attorney.

    I still have a problem with the timeline. All children were home at the time of the plea so how are they a “bargaining chip”? Where is the alleged coercion?


  30. Oh, and the no contact provision only goes one way. The defendant, Joe, is to have no contact with the victim.

    The victim was not a criminal party to the action, she was the victim, and is not bound by Joe’s criminal conviction, just Joe is. To suggest otherwise is a flat out lie.


  31. Alford pleas and no contest pleas are almost identical, both result in a guilty plea and a criminal conviction.

    Thank you for clarifying that.


  32. Thanks also, BLB, for your input. And the pdf link resource on why an Alford Plea is not a good idea.
    An interesting read.

    Pardon my non legalese, the resource discusses a lack of remorse in an Alford Plea is a consideration in the judicial sentencing of penalties, during the conviction. And of course, my opinion and without a reference, a series of “not guilty” pleas in cases that ultimately lead to convictions is surely a lack of remorse. As a judge, if I were one, a person before my court who time and time again pleads not guilty and is eventually convicted as guilty, is not sorry for his crimes and remorseful to the extent of seeking counseling/rehab in effort stop doing the criminal deed. It would affect the penalty phase in my court, if I were a judge.


  33. Lisa said, “The criminal charge was a misdemeanor, making the chance that an Alford plea would be acceptable greater.” And, “As far as I can see after several pre trials, Joe took an Alford plea for the full criminal charge initially brought and with the approval of his attorney.”

    I wonder what the attorney was thinking, advising and giving approval to Joe to file an Alford Plea in a misdemeanor charge? I assume some in the consideration, was to avoid more court costs. Or clogging the court, an already overly burdened. But why use the Alford Plea card, in effort to minimize the penalties in a misdemeanor, where it is also indicating no remorse? And where likely the penalties are rather minimized to begin with, being a misdemeanor. And it doesn’t make sense that his attorney would of advised, in an effort to reduce collusion/coercion with this bargaining tool.


  34. I suspect that Joe simply refused to plea bargain under any other conditions. He’s not the brightest bulb out there.


  35. Gotta love how N spins it as “the state was going to stick him with something” as if it was a conspiracy, instead of admitting the state could prove their case to the judge and jury.


  36. Without going into to much debate here I still believe an Alfred Plea is ” LIKE ” a one time deal for these reasons.

    1. It is up to a Judge to use his or her judicial desecration to even accept an Alfred Plea.

    2. If an Alfred Plea is accepted in one case. I do not see a Judge allowing it to be entered on any other offences due to lack of remorse for continuing to comment other/or further crimes.
    Meaning that I do not believe that a Judge would allow a career criminal or repeat offenders to simply keep entering an Alfred Plea year after year.

    In my personal opinion, I honestly do not think that the Breckenridge County Judge would ever accept another Alfred Plea from Joe since he screwed-up the deal on the one he already has.
    According to the PDF Link taking an Alfred Plea on a misdemeanor charge was extremely stupid. Because now he is facing more severe punishment for not following the rules, terms or conditions of his probation.

    What an idiot !!!


  37. Melissa, you’d have a bit more credibility if you could spell “Alford.” 🙂

    And you might well be right that a judge would not accept another Alford plea, but that’s not a rule.


  38. I remember years ago that Nicole talked on her old blog about Joe being in jail. I believe he was in jail for lack of car insurance or maybe failure to pay child support. Don’t really remember. I was just wondering how many times Joe has been in jail and Nicole hasn’t mentioned it ? If you think you are a free citizen who doesn’t have to follow laws, I suppose jail is just a part of the life.


  39. I simply can’t reason how she does not know that her lies will come home to roost. Since this is such an extreme case of life gone wrong, I have nothing to compare it to to try to figure it out. The best I can come up with is that she decrees that “I said it, therefore it is” and convinces herself that she is right.

    Also note that she removed Al’s comments from “Get Your Facts Straight” FB page where she portrays innocence and maintains her victim status for her followers and for herself.


  40. Evangie if u look, the comments from all the posts have been deleted. Nicole is a coward. She has a chance to really debate but instead she hides from the truth.


  41. I love this blog!!! Having been one of many who gave to the go fund me last year & then seeing a pictures of stuff they spent our (those who gave) money on I am beyond feeling the fool. I would love to see some writing on what she spends money on. Fireworks, Chinese lanterns, pottery crap, etc.. It stings a bit to see where my hard earned money went & to know that they think it’s not worth BIg Joe getting at least a part time job in the evening & bringing home only 200 a week, cuz he so busy raising 11 children, homesteading & un schooling. How come it’s ok in her mind that others work & giver her money for the dollar store???

    Thank you for all your hard work!


  42. Nicole, here is some friendly advice from one mom to another. Your child needs to hold his nose or wear nose plugs when jumping into lake water. I noticed you were congratulating your son because he didn’t hold his nose. That is good for learning to swim in a chlorinated pool, not so much for dirty water. The CDC even recommends nose holding or nose plugs or keeping your head above unchlorinated water.

    My kids like to take water samples and look at a little drop under a microscope. You could try that as an unschooling lesson. You can use a 40 percent off coupon from Hobby Lobby to buy a cheap microscope. But just a warning, your kids may want to hold their noses and not put that water in their mouths after they see what is living in it.


  43. Having been one of many who gave to the go fund me last year

    I’m sorry you got suckered in. 🙁 Welcome here.


  44. “Cats are better mothers than she is. (NO offense to cats)”

    …no can do. I definitely take offense! MeOw!


  45. Is the water warm enough in KY for amoebas to be a concern? I know they are here further south.


  46. Former caseworker… I doubt they care. I think it’s possible for that the amobeas are in those lakes.


  47. I doubt Nicole knows or cares about what can go wrong swimming in a lake or lurking in the mud alongside of fresh water. In case someone in her family wishes to minimize their personal risks, here goes nothing.

    Naegleria fowleri is a heat-loving (thermophilic) organism. It grows best at higher temperatures up to 115°F (46°C) and can survive for short periods at higher temperatures. It is less likely to be found in the water as temperatures decline. The ameba can be found in lake or river sediment at temperatures well below where one would find the ameba in the water.

    While infections with Naegleria fowleri are rare, they occur mainly during the summer months of July, August, and September. Infections are more likely to occur in southern-tier states, but can also occur in other more northern states. Infections usually occur when it is hot for prolonged periods of time, which results in higher water temperatures and lower water levels.

    The fatality rate is over 97%. Only 3 people out of 138 known infected individuals in the United States from 1962 to 2015 have survived.

    Infection with Naegleria fowleri is rare. The early symptoms of Naegleria fowleri infection are similar to those caused by other more common illnesses, such as bacterial meningitis . People should seek medical care immediately whenever they develop a sudden onset of fever, headache, stiff neck, and vomiting, particularly if they have been in warm freshwater recently.

    Naegleria fowleri is commonly found in lakes in southern-tier states during the summer but more recently has caused infections in northern states. This means that recreational water users should be aware that there will always be a low level risk of infection when entering these waters. In very rare instances, Naegleria has been identified in water from other sources such as inadequately chlorinated swimming pool water or heated and contaminated tap water.

    Stay the heck away from the pond on the property, N kids.


  48. In the picture Nicole posted of a little boy on the porch with a chicken, there are boxes of stuff stacked on the porch. Are they moving?


  49. When the going gets tough the Naugler adults run.

    She doesn’t post about anything for reasons that aren’t personal to her.

    More than a month of posts about moving, they’re moving.

    Sooner than later.


  50. I’m tickled pink to see the older boys with a tiller today.
    I’m very happy for the boys.
    There also seems to be a new rake in the picture.
    I hope Joseph keeps his hands off it and the boys are able to keep this new equipment in their man cave.
    Nicole even said the soil was acid, As many of the followers have suggested.
    I’m guessing it was the boys again who figured this out.
    It’s never too late to get the ground ready for a big garden.


  51. Someone probably donated a tiller because Nicole was saying on BLH that they needed one. I hope it makes the kid’s hobby more enjoyable! It really doesn’t matter too much what kind of soil you have as long as you amend the soil. With compost. 🙂 Even one year of composting food, papers, egg shells, wood ashes, etc. from ten or so people, they should have super rich compost to put on that garden.


  52. They have three years worth of shit composted according to Nicole. And it’s totally okay to use it on veggies, according to Nicole.

    Acid soil: Lime. Cheap. Buy a sack. Spread it. Let the kids throw it around. Of course, that should have been done, oh, last year.


  53. Off Topic (kinda): All this regarding the Alford Plea reminds me of a case I followed for 16 years. 3 teenagers convicted of killing 3 little boys in West Memphis Arkansas in 1993. They spent 18 years in prison (one had been sentenced to death) when they were offered the Alford Plea, which they took and were promptly released. Their reasons for taking the plea were much different than Joe’s (long and winding decades-long story). I understood it at the time to mean they were pleading guilty while maintaining their innocence. But yes, they are still convicted of those crimes.


  54. Dawn,

    The West Memphis Three. I followed that case too. From a legal standpoint it was a travesty. The investigation, the trial, were so incredibly botched. To this day I have no idea whether those teens were guilty or not, I don’t know that anyone can know for sure, too much failure at every level. Too much time and evidence gone.

    Yes, they took the Alford plea for completely different reasons and it was offered for completely different reasons. The young men wanted to be free and the state wanted to cover its ass, IMO. I cannot imagine the heartbreak of all the families, those of the boys convicted, those of the young victims.


  55. I’ve told Sally a lot more than this in an email and she knows who I am.

    For some reason this comment went to the spam folder and I just found it. I’m sorry about that.


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