Read this summary of a court case and answer the questions. (10 points)
Sonia Gutierrez, a doctor and amateur astronomer, had been waiting for her new telescope to arrive in the mail for four weeks. It finally came, and she was eager to use it, but before she even had a chance to open the box, she had to work a 12-hour shift at the hospital. When she returned home, the telescope had been stolen. She filed a police report, and two days later, the police found the telescope in the possession of a complete stranger, a man named Roy Gardner. Gutierrez called her lawyer, and together they filed a tort lawsuit against Gardner, arguing that the telescope should be returned to her and that Gardner should pay her an additional $12,000 in damages.

Finding probable cause to convict the suspect, a grand jury indicted Gardner. Knowing that the plaintiff would be able to establish a preponderance of the evidence to prove his liability, Gardner tried to get the prosecutor to accept a settlement by offering a guilty plea in exchange for a lesser sentence. The prosecutor agreed. Gardner was forced to return the telescope to the plaintiff, but he did not have to pay the $12,000.
1. Explain everything that is incorrect about this scenario, based on your knowledge of court procedures.
2. Rewrite the scenario so that it follows proper procedures. Feel free to change the details of the story or introduce new details. Also feel free to copy or briefly summarize sections that will remain unchanged.