As we perused the list of Twitter pages that we follow a little while ago, we noticed a tweet from a certain self-described PFT stooge regarding a report from Rachel Nichols of ESPN.
Per Nichols (per said stooge), Steelers quarterback Ben Roethlisberger addressed his teammates during a meeting at training camp. Specifically, he reportedly apologized for any distractions arising from the civil sexual assault case filed against him, and he then “explained his side” of the story.
Oops.
Here’s the reality in both civil and criminal litigation. Anything that a party says out of court is fair game in court.
And before any of you start throwing around terms like “hearsay,” here’s the reality. The rules of evidence in most if not every American jurisdiction specifically exclude statements made by a party to litigation from the legal definition of “hearsay,” if the statements are being used against said party.
So, basically, the attorney for Roethsliberger’s accuser now has the ability, if he so chooses, to subpoena every guy who was in the room — including the 27 or more who won’t be members of the 53-man roster come Week One — and ask them to repeat under oath specifically what Roethlisberger said.
Surely, Roethlisberger didn’t admit to anything. But anything he said of substance can be used against him later, if there are any discrepancies between the version he gives while testifying and whatever his current and soon-to-be-former teammates recall that he said.
As a practical matter, it probably won’t harm Roethlisberger’s defense. But if attorney Calvin Dunlap is committed to working the case up thoroughly and completely, he’ll at least consider the possibility of questioning one or more of the men who heard what Roethlisberger had to say.
If Ben had never banged her he would’ve said so in the first place. Obviously he did. Ben’s a snatch hound and his reputation in that regard around western PA is well known. In this case we must keep in mind that Ben is from rural Ohio and that where he’s from McNulty would be considered a 7 or 8. And with beer goggles he probably thought she was a 10. But Mcnutly’s case (or lack thereof) speaks for itself. She probably actually raped him while he was passed out in his room.
Give it a rest Florio. If this is the big story that makes your career, then you are one sad puppy. I bet you were all over the Kobe Bryant rape case and look where you ended up.
he should have just told them via twitter
I don’t believe he did it.
If a dude was accusing him of sexual assault, it would be believable. Case closed Big Ben like dudes.
I really enjoy analysis from a legal point of view and all considerations and possibilities. Keep up the good work. Would be curious your opinion if Andre Smith will be the LAST 1st rounder to be signed.
If Dunlap wants to force a settlement – and most think he does – he’ll most certainly threaten to call every teammate Roethlisberger apologized to for causing a distraction in to testify.
Looks like Ben might want to convene another locker room meeting for another apology.
This guy is no rocket scientist. That’s for sure.
PFT is the National Enquirer of the NFL and the forums/comments posted after each “story” make it the cesspool of NFL reporting.
There’s nothing but haters posting hatred and juvenile bile based on their fanaticism for their team and hatred of all others.
Good for him to break the ice and let his teammates know he is focused. (They already knew he is innocent.) It’s sometime worse when you say NOTHING to teammates/family.
Your bias against anything to do with the Steelers speaks for itself. But aren’t you even a little embarrassed that you have to resort to making up stories in order to collect a paycheck? What did you do before this, write for the National Enquirer?
Just yesterday you were crying about the “rumors” that Vick might/might not go to NE . Weren’t you the one who started that rumor? … just days after claiming Vick might go to Pittsburgh?
I’ll save you some brains cells… here’s tomorrow’s story: “Bill Belichick claims to have videotape of Ray Lewis committing murder…”
There ya go, run with it.
Mr. Florio… I too appreciate your legal analysis on all NFL stories that are of a legal nature.
Well done!
You should have a child with Nancy Grace.
That kid would be a future first round draft pick for Skadden, Arps, Slate, Meagher & Flom.
Until my next comment.. Thank You… And…
“Good Night Friend”
http://www.youtube.com/watch?v=7CghoyJrfSg
Funny how this section is called “Latest News & Rumors” – It ought to be just “Latest Rumors”, seeing as you are incapable of reporting anything resembling news.
Question is, has he told his mates the woman is actually a shemale.
# MMD says: August 1, 2009 2:15 PM
PFT is the National Enquirer of the NFL and the forums/comments posted after each “story” make it the cesspool of NFL reporting.
There’s nothing but haters posting hatred and juvenile bile based on their fanaticism for their team and hatred of all others.
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Then get out of our cesspool!
Hate the haters. Gimme a break.
I hate you!
MMD says: August 1, 2009 2:15 PM
PFT is the National Enquirer of the NFL and the forums/comments posted after each “story” make it the cesspool of NFL reporting.
There’s nothing but haters posting hatred and juvenile bile based on their fanaticism for their team and hatred of all others.
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…you just figured that out?
Mike— Please stop it.. you are coming off as if you have an agenda here.. you are the only one who keeping this story front and center and you actually know the real story but refuse to leave this alone.
Enough already—
You have amuch biiger forum now..act responsibly!
Your objectivity and credibilty are in serious question here.
Hey NBC, can I have a job writing here?
Check this out:
“T.O. pulls out of Buffalo’s training camp, says he’s carrying Michael Jackson’s unborn child.”
See? I can do it too.
I would hate to be Roethlisberger’s lawyer the guy is an idiot. Rule #1 you don’t ever say anything about the case to anyone, under any circumstances except your lawyer.
stupid steelers, stupid steeler fans, and above all, stupid ben!
This article assumes that the case will get to trial — or even get to discovery. Neither is a safe assumption given the fact that the police found the case so dubious that it didn’t even merit a full investigation, much less a charge.
Without a doubt, Big Ben’s legal team will be filing a motion to dismiss the case under Rule 12(b)(6) of the Nevada Rules of Civil Procedure. If that motion is granted, the case goes away before it ever really starts.
MMD says:
August 1, 2009 2:15 PM
PFT is the National Enquirer of the NFL and the forums/comments posted after each “story” make it the cesspool of NFL reporting.
There’s nothing but haters posting hatred and juvenile bile based on their fanaticism for their team and hatred of all others.
====================================
So, why are you here?
I am a Die Hard Ravens fan and I do not believe that Ben did this and i feel that she is just trying to make some money out of a bad situation. BUT…You Stiller fans are amazing Florio is a tool bud why are you burying your head in the sand SOMETHING happened but she is blowing (huh) it Way out of proportion. Florio is not making this up!! Quit being a bone head and go cheer for the Pirates oh thats right you in Pittsburg don’t claim them as a professional sports team. Fickle fans that you are up there.
A subpoena is a request from a lawyer. It is not a court order and therefore anyone receiving one is under no legal obligation to respond. A court order (signed by a judge) is a totally different matter as ignoring that could/would result in contempt of court charges.
Lawyers like to think they have power because they are so-called “officers of the court” but the fact is they have no more power than you or I unless they can make a compelling argument to the judge as to why a witnesses’ appearance is necessary enough to be ordered by the judge.
So, that said, if BRs teammates support him, not one of them has to respond to the opposing attorney’s subpoena.
Ugh, Florio hater parade is back. It is obvious to anyone with a reading level above 4th grade that you not only assume Ben is guilty, but in fact, you are actual rooting for him to be guilty.
How a person gets in a place where they are hoping that rape occured is something. But then again, Florio is less than a journalist, (blogger) so that explains it fully.
Anything Ben does can be spun into anything a blogger wants. But ask yourself what is more likely, would a guilty person tell his teammates a made up version of what happened that could be potentially disproved because its a lie OR would an innocent person tell his teammates what happened which can only be verified by the evidence because its the truth??? Oh I forgot, Ben is sooooo dumb, says Florio, spin spin spin. Logic be damned.
But good luck Florio, try to keep this story alive, your legal analysis is impressive to all who never attended law school.
“MMD says:
August 1, 2009 2:15 PM
PFT is the National Enquirer of the NFL and the forums/comments posted after each “story” make it the cesspool of NFL reporting.
There’s nothing but haters posting hatred and juvenile bile based on their fanaticism for their team and hatred of all others.”
*********************************************
It is going that direction; unsubstantiated crap with a disclaimer about the fact that it’s only a rumor “at this point”. These “reports” should at least be vetted a little better. I believe PFT used to do a better job at that aspect of the blog. The comments from individuals after posts have always been laced with stupidity and hatred, on this and every other discussion page. That isn’t going to change.
As to this report, I’m sure Dunlap appreciates someone else doing his job for him by coming up with ideas for ensuring his pay day.
What I want to know is when is someone in the media going to put Andrea McNulty and her story under the same scrutiny that Roethlisberger has received to this point? Anyone can accuse a guy of sexual assault and whether it’s true or not it follows him for the rest of his life. It’s one of those crimes that repel any criticism of the victim or purported victim as the case may be. But the validity of her claim that a crime took place is at question, not whether or not it’s a terrible thing to do to another human being. If he’s guilty he should pay, and do so by more than just writing a check. But if she made it up, she should be made to pay also.
i see a settlement in the future.
I highly doubt Big Jen did what he was accused of. However I am laughing over the arrogance of these Steeler fans who would never believe that any of THEIR players would do anything wrong.
# DarthPirate says: August 1, 2009 4:04 PM
I highly doubt Big Jen did what he was accused of. However I am laughing over the arrogance of these Steeler fans who would never believe that any of THEIR players would do anything wrong….”
Not so. We’re not so naive as to believe that every member of the organization is a perfect angel, but also not naive enough to believe Ben did this…
The whole thing is only about $$.
Besides, we ain’t the Patriots or the Ravens ya know…
Does anyone think he might have asked his lawyer (who is one of the best in these cases) if it was ok to do something like this?
For all you Ben haters, he’s not stupid like you want him to be. I’m sure his lawyer approved every word Ben said to his teammates. That’s why he’s paying him the big bucks.
That’s why this IS a non-story and not just Steeler fans backing their QB. This isn’t your buddy from the mill or the guy on your softball team talking sh!t. This is a guy who makes millions and is being advised by someone who is very good at being a lawyer. Everything Ben does regarding this “case” will be reviewed and approved by his lawyer.
That’s why it’s a non-issue. He apologized for this being an issue. Like his press conference, he didn’t go into ANY details. Florio is just trying to scare Steeler fans and get hits.
Author isn’t slamming Ben. He is telling him what his own lawyer should have. When you are being sued, you don’t talk about it cuz stuff gets twisted. Prob ok to say” sorry for the distractions, can’t say more cuz of legal stuff”. Anything more than that is risky. Whatever happened, hope the truth wins!
Westminster Raven do you even know what you are talking about regarding the Pirates? I love all of you Steeler haters lump all the fans into being buffoons and think we are blind to any wrongdoing of the players.
Your jealously shines through. Kepp it coming Dbags.
Leave Benittney ALONEEEEEE…………..
jpeyster says: August 1, 2009 3:28 PM
This article assumes that the case will get to trial — or even get to discovery. Neither is a safe assumption given the fact that the police found the case so dubious that it didn’t even merit a full investigation, much less a charge. ………….
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uhhh… there was never a police report therefore no investigation, no criminal charges. The police had no authority to look at anything. That has nothing to do with this civil complaint.
In fact, Ben could be held liable by a civil jury yet never face criminal charges. Happens every day, every state.
Ben Rapistberger… hahahaha, scumbag
I don’t actually believe Pig Ben sexually assaulted this girl, probably a late night hook up with the wrong psycho wanting money……….
but, I think it is absolutely hilarious….ironic even, that this story surfaces merely months after Ben was slamming Tony Romo to the media about his love life. Haha, he was saying Romo’s high-profile dating was a distraction…I believe the quote went something like so, “That is the life he chooses to live off the football field and that’s his choice. It’s what he chooses to do.” “He is doing what he wants to do, and I don’t mean to sound rude, but he’s asking for it.” Haha, talk about the pot calling the kettle black. Yep, this is not a distraction at all for the Steelers….practically hasn’t even come up. Classic.
Stupid moron is a stupid moron.
SEXGATE continues to cast a slimy shadow over the roided-up, ref-bribing, cut-blocking band of punks known as the Pittsburgh Steelers.
Feel your shame, Pittsburgh.
Rapistberger will get what he deserves.
“…# tj.52 says: August 1, 2009 7:18 PM
SEXGATE continues to cast a slimy shadow over the roided-up, ref-bribing, cut-blocking band of punks known as the Pittsburgh Steelers.
Feel your shame, Pittsburgh.
Rapistberger will get what he deserves…”
so, in other words, your teams sucks, right?
your pain is our joy.
thank you for that.
Going for 7.
You are really sick. You were not there. I do think you are just a hater who likely roots for a team with nada rings.
# mania says: August 1, 2009 1:31 PM
Give it a rest Florio. If this is the big story that makes your career, then you are one sad puppy. I bet you were all over the Kobe Bryant rape case and look where you ended up.
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Obviously you must be one of those crazy Steeler’s fans who don’t see things without your mustard colored glasses. I’d say Florio ended up just fine. I bet he makes 5x the money you do and has a job that he loves and is good at.
While it is true, Judas, that you could subpoena any of those guys to testify as to what was said, no judge would allow such repetitive testimony, it would be a complete waste of time and surely thrown out in court under the jurisdiction’s equivalent of Federal Rule of Evidence 403, and I highly doubt the judge would even allow a multitude of depositions. Basically, this is just another example of the tabloid journalism strategy you’ve applied to the Roethlisberger story, Judas. If I wouldn’t have been paying attention, I would have guessed you had joined forces with TMZ not NBC.
Obviously, if “dumb as a f’n stump” Rapistburger wants to open his yap about this case and “tell his side of the story”, PFT should let people know. We sure aren’t going to hear any developments from ESPN about it.
I know all you hillbillys in stealerland would like this to just go away, but it’s not going to. Dunlap is going to have a field day with this latest blunder.
I have been a HUGE Steeler fan for over 40 years. Here’s my take. Ben absolutely did it. He’s got this GOD complex… look at me, I’m a QB with 2 SB rings!! Yeah, so? Take a look at his picture before the motorcycle accident and then afterward. Ben – YOU AIN’T ALL THAT!!
She was stupid to go to his room however she probably said no and it PISSED him off and he jumped her thinking “Don’t you know who I am?” Yeah Ben you are nothing more than a football player – not God. Apparently that accident he was in God didn’t really get through to him. Also Mr. Rooney, this is what you get for paying a QB which has the most sacks and interceptions in a season 102 million. That one throw in the SB ain’t worth it!! You put all your eggs in one basket with Ben. Do you remember Michael Vick? Rooney, you let Faneca, Foote, and Nate Washington go to give Ben this ungodly amount of money. You also low-balled Hinds Ward’ pay too 4 years and reported 22 million. CHEAP!
I can’t wait for Florio to be accused of sexual assault.
Hey Raven Fans, fill n the blanks.
Ray Lewis has served ____ months in jail and has ____ Super Bowl ring.
Ben Roethlisberger has served ____ months in jails and wears ______ Super Bowl rings.
It was fun watching the Steeler beat your Purple browns 3x last year. Get some real uniforms.
C.Bass,
They can move ‘em from the Mistake by the Lake to that Cesspool by the Bay & change their primary color to that manly shade of purple they wear & their fans parade around in, but those of us that know better, know that they still smell like the bile which was previously their primary color. And the best part is, they get to continue to root for the team that was once their hated enemy, because their jack-ass former owner forced his band of turds on their deplorable city, cause their original team knew better than to continue to do business there…LMMFAO!
btw…the All-time tally in post-season play between the City of Champs & the Cesspool on the Bay…7-0 PITT!!!
@C. Bass
Get a real city… you hick. And get a life too, Steelers’ fans are all porch sitting drunks.
tj.52 says:
August 1, 2009 7:18 PM
SEXGATE continues to cast a slimy shadow over the roided-up, ref-bribing, cut-blocking band of punks known as the Pittsburgh Steelers.
Feel your shame, Pittsburgh.
Rapistberger will get what he deserves.
____________________
Wow, you’d think the Steelers had won twice as many Super Bowls as the Patriots or something. Thank God for our bunch of criminals and referees. I mean if we had DEA informants playing tackle and safeties getting HGH mailed to their house, we might be 3-3 in Super Bowls too. Instead we get to be 6-1 in Super Bowls while listening to Patriot fans accuse our team of everything they’ve been proven to do.
Ummmm, Vince Drooley, you couldn’t be more wrong. If you ignore a subpoena, you’ll quickly find out how wrong you are. You could have plenty of time thinking about it while siting in jail for contempt of court.
What’s funny about these comments is that they allege bias on the part of Florio but the reality is the people doing the complaining are the ones with the bias. Florio does not hate the Steelers more than any other team and he equally blasts any and every team in the NFL. This story is a HUGE story and if you can’t see that you are clueless. The QB of the Super Bowl champs accused of rape? How can that not be a story. And for those saying this is more reporting about nothing you are dead wrong. This is a great point made by Florio that most journalists would not know because unlike him, they have zero legal background. As he said, if the attorney for the plaintiff wants to make this rough, she could depose each and every guy in that room. Talk about distractions!! Regardless of whether he did it or did not do it, whether you root for the Steelers or despise them, this particular post is without a doubt relevant and noteworthy. As someone else said, if you hate this site, don’t read it. Sure, some of what Florio writes is useless, but just don’t read that. Bottom line is that PFT is THE best source for NFL news (including news like this that you will not get from mainstream media).
mrmagoo says:
Instead we get to be 6-1 in Super Bowls while listening to Patriot fans accuse our team of everything they’ve been proven to do.
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@mrmagoo:
I haven’t seen anyone accuse your team of going 16-0, or winning 3 out of 4 SBs, or owning the leagues longest winning streak, or owning the single season points record, or of owning my team in the playoffs, etc.
@ tj.52
Leaving out the fact that your team is a band of deplorable cheats, they won 3 in 4 years, (and in the process all that they really accomplished in doing so was equaling another deplorable franchise’s prior accomplishment) , summing up their entire TAINTED history!
The Steelers on the other hand, have done what no other in the NFL have, FIRST to 3x SB Champs, FIRST to 4x SB Champs, FIRST & ONLY to 6x SB Champs & FIRST & ONLY to win 4 Super Bowls over a 6 yr. span!!!
@ tj.52
That 16-0 you refer to wouldn’t by chance be the incomplete record that resulted in 18*-1** season, would it?
* CAUGHT CHEATING!
** GIANT LOSS!!!
Still one of my favorite posts from the Patriots “petition” website, remember the petition? LOL:
Boston Globe
Boston police today reported finding a body in the Charles River. The victim apparently drowned due to excessive alcohol consumption. He was described as wearing black fishnet stockings, a red garter belt, a pink wig, a strap-on dildo, a Patriot’s jersey, and had a cucumber stuffed up his a**. The police graciously removed the Patriot’s jersey to spare the family unnecessary embarrassment.
Florios-a-tool,
Made my day, dude! Massholes INDEED!!!