During a Friday afternoon spot, Howard Eskin of WIP in Philly posed to us/me/PFT a great question regarding the desire of authorities in Georgia to obtain a DNA sample from Steelers quarterback Ben Roethlisberger. Can he be forced to give a DNA sample?
An experienced Atlanta criminal defense lawyer, who has asked to remain nameless, advises that Georgia authorities are prohibited from forcing Roethlisberger to provide a sample.
As best we can tell via our first-grade-level Google skills (I canceled the Westlaw subscription after taking down the shingle), the issue of involuntary DNA samples has resulted in a variety of findings in a variety of settings in a variety of jurisdictions. In this specific case, our anonymous Atlanta legal consultant says that Ben can refuse to allow a Q-tip to be dragged over the inside of his mouth — or any other orifices.
Of course, if KDKA’s report regarding Roethlisberger’s admission of “sexual contact” is accurate, there’s no need for a DNA sample. Given the KDKA report, this isn’t a “whodunit”; it’s a question of whether and to what extent whatever occurred was or was not consensual.
Still, there’s apparently an issue regarding DNA; otherwise, lawyer Ed Garland wouldn’t be resisting the request.
Also, Roethlisberger can’t be compelled to submit to an interview; the Fifth Amendment gives him the Constitutional right to remain silent.
We’ve picked up some other intriguing stuff from our anonymous Atlanta legal consultant, but we’ll be bleeding it out over the next couple of days, for obvious business reasons that we won’t pretend aren’t motivating us.
UPDATE: And, of course, another Georgia lawyer has contacted us to express an opinion that DNA samples can be compelled, in the event probable cause exists to issue a warrant for his DNA. So, basically, we don’t know what in the hell is going on with this one.
Big Ben Rapesandbeatsher FTW.
If it gets to that point, his career is over. You know this one is going to be settled out of court. Sleezy (perhaps) girl, sleezy lawyers, and sleezy QB all end up with money from the NFL.
Unless Ben can change his DNA, the police already have a sample from the girl. That sample will be on file, and Ben will sooner or later have to give it up.
He already gave a sample…to the girl he raped! Steelers, dump him before he takes over Vick’s jail cell. Ben has a HUGE problem. We’ll probably see him on Dr. Drew’s Celebrity Rehab for sex addicts. If you can’t get it don’t take it JACKASS.
if he’s innocent he should have no problem with DNA or an “interview”
(even though i’m sure he didn’t apply there.)
you sellouts.
Lawyer up Ben. They can’t force you to prove you’re innocent by giving a DNA sample. Stand up for your rights. You f’ing rapist.
He will be suspended for the 2010 season at least even without a conviction.
Can’t they just take any random horse-faced chick from Pittsburgh or wherever he lives in Georgia, and get a sample off her?
it dont matter if you are big ben or a unknown walking down the street it is always a good idea (guilty or not) to keep your mouth shut and not do anything that will help the police/d.a. because there are way to many innocent people locked up all over this country and way too many miscarriges of justices in all areas of the law in courts everywhere. and i firmly believe that there is nothing more vital for the long term of this nations survival than a complete and total overhaul of the legal system, it is our worst problem by far if and when that happens america will be back on the right track if not we will continue to keep going down and we’ll hit bottom with a loud thud and we’ll have our own legal systen to thank for it.
“Still, there’s apparently an issue regarding DNA; otherwise, lawyer Ed Garland wouldn’t be resisting the request. ”
Yes there is an issue, you ambulance chasing cooter.
The authorities are required to prove your guilt.
You are NOT required to prove your innocence.
Cue all the un-american retards: Why don’t he just give a sample if he ain’t done got nothin to hide?
I;m suprised that theres no “But he’ll force it upon you” joke yet.
Roethlisberger is guilty!
Hang the Ahole
Are you saying the police can’t go to a judge and ask for an oder?
Furthermore how hard would it to be to get one. Are we to believe he won’t be out in public from here on out. You know he is going clubbing again sometime soon and it wouldn’t be very hard to grab one of his glasses off the bar.
So when do we get something from the “Georgia Authorities”? Seems all we get is “statements” from lawyers. When do we get some facts?
Not quite sure why this point is important. A denial because he doesn’t have to is an admittance of guilt in the public eye. Steelers should force him to do it.
Georgia authorities can’t get a search warrant?
Are you trying to tell me that they can’t subpoena that evidence? I doubt that.
Can he be forced to NOT give DNA samples is a better question.
But he gives it to those who do not want it all the time
Ben should cooperate fully…any attempt to hide behind the law will only make him look guilty. The court of public opinion is officially in session.
Ah well….we almost made it a full hour without a Roethlisberger assault story.
Doesn’t take much to pay a TOWEL boy at visiting stadium.
Arrest his ass. Then he will have to give up his DNA.
Don’t they watch Law and Order or L&O/SVU/CI. Surely they watch CSI Miami or NY. How stupid can they be.
You could probably get a DNA sample off of any GreenBay Fudge Packer defender from the previous season, after the raping of a lifetime Rothlisberger gave them.
Could it be as simple as saying to a judge, “He said he had sexual contact with her, therefore, that is probable cause.”
“Can he be forced to NOT give DNA samples is a better question. ”
haha +5
1) If Big Ben is in the habit of dining and dashing, as some purported restaurant owners/managers have allegedly claimed, then why haven’t they filed theft charges against him? Dining and dashing is a CRIME and there certainly would be no problem identifying the perp, would there? So why hasn’t anyone called the cops on him? Could it be because these stories are TOTAL BULLSH!T? The reports from restaurant owners in Milledgeville that night tell a completely different story: that of a polite, well-behaved celebrity who was very patient with fans and who tipped 100% of the bill in one restaurant.
2) There is absolutely nothing wrong with a 28-yr. old single male pursuing a relationship with a 20-yr. old woman. My own father was 29 yrs. old when he started dating my then-19-yr. old mother. Since they’ll celebrate their 52nd wedding anniversary this year, the relationship appears to have worked out. I also take issue with the characterization of the women with Big Ben that evening, including his accuser, as inbred Georgia hillbilly trailer trash barflies. These were women who were pursuing, among other things, UNIVERSITY DEGREES, which strongly suggests they intend to make something of their lives. Given that, how is Big Ben supposed to know that his accuser, who by reliable witness reports was
hanging all over him in more than one establishment that night, would go nuts when he finally started giving her what she had been strongly indicating all night that she wanted from him? Or do you really think that Big Ben is going to
force himself on a woman in a night club that’s crawling with cops, including several in his own entourage, as well as others who were actually posing with him in photos earlier in the evening? Sorry, but that just doesn’t pass the smell test. As for her underage drinking, it’s the bar/restaurant’s responsibility to check ID, not Big Ben’s. If she’s in the club drinking, he can only assume she was doing so legally.
3) While the vast majority of celebrity athletes recognize that the public will request autographs and other attention from them from time to time, and handle it very well, it bears stating that there is also a certain percentage of fans who behave like total idiots in the presence of big-time athletes. Particularly annoying are those individuals who act like they’re the athlete’s best friend just because he gave them an autograph. And when the athlete doesn’t play along perfectly with the fan’s delusions, these socially-challenged cretins are the
first ones to run off and start telling anybody who will listen “I met Big Ben and he’s a total d!ck, man! The guy wins a couple of Super Bowls and now he
thinks his sh!t doesn’t stink!” Pro athletes have lives and if you’re a fan who behaves like this in their presence, then you need to get a life as well.
Web hits must have been low today so Florio had to post this before the big game tonight. Let’s go Mountaineers. Under age drunk girl needs to prove his guilt. Fake ID? Under age drinking? That helps the defense show lack of character. Show me some f’n facts. The public is always gonna assume guilt. Especially if you are fans of the c*ck cRavens, the Brown stains or the Bungals.
BTW. Is Big Ben on the Casey Hampton or Jamarcus Russell off season training program?
Qball — thats a really interesting perspective. You wonder if PFT will ever put up a headline from that angle.
Ahhh, who am I kidding? The dark and biased headlines sell.
QBall, you nailed it. The lynch mob exists and Ben will be crucified guilty or not. I agree that if he is found guilty then prosecute him. For those who say if he is innocent, then he needs to give up the DNA, you are morons. Refer to the constitution. Go Steelers.
all his dna is going to tell the police is that he had sexual contact with the girl wich he already admitted . but maybe Ben is a serial rapist and knows that if he gives his DNA he’ll be busted or maybe he just whats his rights like everyone else.
Qballs … sorry man, but that just sounds too much like common sense to be accurate …
on with the Witch Hunt!!!!!
QBall is an idiot. Ben is guilty as hell.
I enjoy reading all that the experts have to say on this blog. Some of you actually have IQ’s in the double digits.
Wrongful convictions happen every day and you twits will have plenty of time to read up on them if you ever get accused of anything. You’ll assume since you’re innocent you should just start wagging your tongues around … and you’ll talk yourselves right into a nice long prison sentence.
Florio, may I please share some links to get them started on their reading?
http://www.associatedcontent.com/article/131265/a_man_wrongfully_convicted_of_rape.html?cat=17
http://www.law.northwestern.edu/cwc/exonerations/ilDotsonSummary.html
http://www.nbcnewyork.com/news/local-beat/Hofstra-Rape-Victim-Recants-Tale-Suspects-to-be-Released-Report-59568692.html
http://topics.nytimes.com/topics/reference/timestopics/organizations/d/duke_university/duke_lacrosse_sexual_assault_case/index.html
http://truthinjustice.org/armstrong6.htm
BR cannot be compelled to supply incriminating evidence. He has not been charged with a crime or indicted. It is not known whether an offficial police investigation has been opened. It is not known if BR has been notified that he is the subject of a felony investigation. Here is what is known: BR allegedly had sexual contact of an unknown nature with a female in the restroom of a bar. Why all the speculation before the facts are fully known?
INVAIDUH says:
March 13, 2010 7:43 PM
if he’s innocent he should have no problem with DNA or an “interview”
(even though i’m sure he didn’t apply there.)
==============
Do you really believe this? Have you read the Bill of Rights? Do you know what it is? So I guess if a cop knocks on your door and asks to search your house without a warrant, you would have no problem saying yes, right? If a cop pulls you over for no reason at all and asks to search your vehicle, you have no problem with that?
If the police believe he is guilty, get an indictment, charge him, arrest him, and get your damn DNA sample. Otherwise, stop trampling citizen’s rights.
There are plenty of countries where people are guilty until proven innocent and citizens are forced to help prosecutors put them away. Why don’t you do us all a favor and move to one of them?
Qball:
A well thought out, intelligent post making excellent points in a coherent manner has no place on PFT. What do you think this is, CNN?
BRAVO well said QBall.
Could this actually be another Kobe style, wrong way on a one way street case? Maybe they need to prove it was his DNA where she didn’t ask for it.
What a country!!! If a cop pulls you over for possible DUI but you refuse to submit to a blood test and breathalizer, you are automatically found guilty. But if you are suspected of rape, you’re not required to submit to DNA testing. Oh, yeah. What a country!!!
I bet the DNA in GA matches that in Lagas. What happens in Vagas don’t always stay in Vegas.
Any person who requires “bodyguards” is obviously way too important to be in public and should keep themselves at home. There was an Elvis sighting in Georgia!!!
Come on guys, lighten up – it’s not like some dogs were abused, it’s just a couple of white chicks.
I wonder however, are these the only ones that have stepped forward and there are other victims out there that don’t want to be judged like the two that have put their repretations in jeopardy.
Well, at least he hasn’t abused any dogs, then that would just be wrong.
ClevePhil says:
March 13, 2010 8:37 PM
Could it be as simple as saying to a judge, “He said he had sexual contact with her, therefore, that is probable cause.”
=================
Of course, if the defense is admitting that sexual contact took place, what is the point of a DNA test? All DNA can prove is that the contact took place, not whether it was consensual.
Columnist Frank Deford recently pointed out that athletes seem to get a raw deal went it comes to public scrutiny of their private lives. Hollywood celebrities and recording artists seem to get a pass when they wreck cars, drive intoxicated, and even when they are arrested for possession of drugs. Our nation elected a President who apparently had “youthful indiscretions” in his 40s.
But sports stars don’t seem to get that same understanding from the general public. Perhaps it’s because more kids, understandably, idolize Sidney Crosby than they do Charlie Sheen. Perhaps it’s because we want the athletes we see on the field to be the same people off the field.
In any case, the scrutiny on Ben Roethlisberger is to be expected both because of a separate allegation against Ben last year in Nevada, but also because this recent incident follows on the heels of the Tiger Woods fiasco. Plus it’s the offseason and football fanatics need something to feed the talk radio beast and post about online.
Regardless, Ben is entitled to not be judged until more facts emerge.
The FBI followed the wrong guy for years who was a suspect in the Anthrax letters after 9/11. A security guard’s life was ruined because authorities thought he was responsible for the bomb that killed a person at the Atlanta Olympics. And let’s not forget the Duke lacrosse team that was convicted in the court of public opinion almost immediately.
Here’s a news flash for America: sports stars are allowed to date women, drink alcohol and spend ridiculous amounts of money. They are obligated to do no more than the rest of us and that’s obey the law. Until more facts — facts mind you — emerge in the latest Roethlisberger incident, give Ben the same consideration we’d all hope to receive as private citizens.
That’s the least we can do.
http://views.washingtonpost.com/theleague/panelists/2010/03/would-you-want-big-ben-maloni.html
Ben did not rape this women! Rape was never said by police only “sexual assult”! People who say rape could never score with a college girl. They married the first women they had sex with and now she is 200 lbs and now they never get any!
just when I thought I was out thats when they sucked “SEXBURGH” back in!!!!!!!!!
I will pose a simple solution. Mike Tomlin should give him the “Shanahan” treatment and demand he take a team issued polygraph test. There. I said it! Obtain the results and then decide whether and to what extent he should be dealt with.
Professional quarterback with two Super Bowl rings, yet chooses to celebrate his 28th birthday in some college bar. Time to grow up. Get some class, Ben
Qball-brain:
the thing most people r saying, with the exception of urself & a few other pitt diehards, is: HE IS AN IDIOT 4 EXPOSING HIMSELF 2 A SITUATION THAT COULD TURN ON HIM.. not 2 mention he is totally inmature.. hangin @ college bars, which wouldn’t mean nothing if u were a non famous guy in ur late 20s or 30s.. just shooting some pool looking @ the supersmooth, tanned flat bellies & other parts.. just 2 get mixed up like an irresposible teenager in a sexual act of some sort in the bar toilet, tells everything.. go shoot some some pool with ur head.. that will be a better use 4 it.. cause ur brain is non-functional..
Can take the boy out of the trailer park but you cant take the trailer park out of the boy.
Qball.
Instead of 3 giant rambling paragraphs, next time just write:
“I love Ben, no way he did it, I don’t believe you”
See that, same message, less scrolling.
Just swab the inside of Vox’s mouth if you want Ben’s DNA.
Um, why is it that the 5th Amendment applies to Big Ben in his right to remain silent, yet the poor kids in the D Williams murder trial were arrested because they apparently ‘didn’t’have that same right? Eh?
Didn’t know there was such a thing as a criminal defense lawyer who asks to remain nameless…
People who need “bodyguards” obviously are way too important to be in public and ought to keep themselves at home.
————————————————–
What a country!!!! A person who refuses a blood test or breathalizer when under the suspecion of a DUI, is automatically found guilty. But someone who may have commited a rape need not provide a DNA sample. Terrific!!!!
KHALL,
All americans are allowed to be date women and have sex and spend all the money they make. Molesting drunk underage girls in bathrooms is wrong. Do you live in sexburgh? Benster the molestor is an idiot any way you slice it.
Did you believe his public statements in NV? Please, they were so lame he won’t dare speak publically this time.
Meanwhile Flacco to Boldoin…….. Get used to that and watching court tv, cnn, fox news next year to hear how Rapistburger’s doing in down in the dirty south!
I wonder if this incident will hurt Ben’s chances at a career with the FBI when he’s done playing football.(He mentioned his interest on the day he was drafted)
@QBall … Excellent post!!
@Those knotting their hanging ropes …
The only FACTS so far released about Roethlisberger:
1. A woman in Nevada with whom he says he had a one-night stand waited a year and filed a civil suit for $3 million claiming it was rape. She never called police, therefore Nevada police say they have no evidence a crime occurred and will not open an investigation. Court documents show she bragged about having sex with Ben and her own text messages conflict with her account.
2. A woman in Georgia told police Ben “sexually manipulated” her. Police said it was not rape and confirmed the two met while out clubbing and spent several hours together. Police have asked for a DNA sample but have not applied for a warrant. Although the prosecutor would represent the woman in all criminal matters, she has hired a civil attorney with a specialty in personal injury.
That’s it. Everything else is rumor. Being rude to fans, skipping out on checks, and getting drunk with college kids to celebrate your 28th birthday IS NOT a pattern of anything with regard to sexual assault.
It’s now being reported that Roethispbergers attorney has hired a private investigation firm to “probe the allegations.” I think we can all see through the spin that this means digging up dirt on the victim.
http://www.ncsl.org/default.aspx?tabid=12737
divine says:
March 13, 2010 10:42 PM
Um, why is it that the 5th Amendment applies to Big Ben in his right to remain silent, yet the poor kids in the D Williams murder trial were arrested because they apparently ‘didn’t’have that same right? Eh?
==========================
You made this same point in the posts about the trial, and many informed people shot you down, as I will here. The 5th amendment protects you against “self-incrimination”. In other words, you can’t be required to answer questions that would lead to YOU getting in trouble. This does not apply to the prosecution asking you questions about OTHER PEOPLE. It’s actually a very simple distinction, if you actually took the time to educate yourself, you could probably figure it out.
Yall are some SLOW mofos.. Holy Hell……. When and Where was Rape ever mentioned?? I have been following the stories and have yet to hear anyone legit mention rape.. Only on wacked ass websites like this one.
Noone fully knows what went on that night ,and hindsight is 20-20 .. lo i l sit n listen to everyone say IF THAT WAS ME I WOULDNT DO THOSE THINGS..lol WHen you get a 100mill and become famous,..let us know ,until then you may as well shut the hell up .I honestly dont know many men who arent out in the clubs looking for women..and viceversa… Why were those young girls going off to a private VIP room with a bunch of strangers???Yall make this chick out to be Laura Ingalls and shit…geeshhh..
Its sad how this country responds to accusations.. if you dont like the person they are guilty… lol unreal.There are sooo many conflicting reports out there right now…Im guessing since they havent charged him yet,they dont have nothing MAJOR on him.. I said GUESSING too b4 one of you slow bastards start spouting off.
How soon did people forget the Duke Lacrosse case?? These same people here prolly wanted those young men locked away too. LOL
As far as age goes.. Many young men and women lie about their age.. Thats up to the bartenders to card them..lol not the people buying the drinks…
Im gonna wait for the facts of the case to come out for my judgement…Maybe Money has made Ben arrogant or what ever but thats not a crime.
My theory is tho… She was giving him a bj and stood up too fast n bumped her head. LOL
Its a sue happy world these days so EVIDENCE is a must for me.
He already admitted to having sex with her, what the hell is a DNA sample going to prove. If he was black, he would already be getting raped in prison. Big Ben’s above the law. Everyone just realize that and stop treating him like he’s MJ.
jokes u fuc#’n retards.
sellout mofos… print it butcrust.
“What a country!!!! A person who refuses a blood test or breathalizer when under the suspecion of a DUI, is automatically found guilty.”
Wrong. Refusal is grounds for suspension of your license, but it does not make you guilty of a DUI. As a matter of fact by refusing you COULD have your case thrown out because that test result is a big part of the state’s case. If that happens, you are still subject to the suspension for refusing, But hell, pay the dough for a hardship license, mend your ways, and be happy you won’t have a DUI on your record.
er, I mean, Ben is a rapist LOL.
Did I do that right?
I was hoping not to comment on this again. But alas. There was obviously some consentual sexual activity prior to the claim of assault. It happened in the bathroom. Had this not been the case others in the club would have noticed. They had to decide to go into the bathroom, do their thing, and that’s where the stories diverge.
Secondly we know they didn’t have sex. Both parties said as much. So that leaves oral.
Thirdly Ben flew out of town ASAFP and had his lawyers take over. They claimed he would go along with the investigation and submit DNA. He hasn’t. He also hasn’t been examined. And he’s brought a lot of other parties in to help exonerate him. Inference? He suffered a wound during the event.
It’s a he said she said situation. He understands the magnitude of the claim and he’s doing everything he can to defend himself. The las vegas nonsense that’s followed him around is bogus. It’s a red-herring. Obviously this situation is completely different and could be construed as assault so he’s doing what he can to cover his ass.
At the end of the day you had two people likely engage in a consensual activity until it turned sour. Who knows what happened here. Any faith I’ve had in the integrity of people has been destroyed well prior to this. He could be guilty of pushing things too far. She could be guilty of attempting extortion or a variety of things that women do when they’re mad. So that’s where it’s at.
Ben is likely not the rapist he’s claimed to be. But that doesn’t mean he’s not a cad. And his judgment is very poor. As to the whole assault claim. Well at what point do you draw the line and say what happens in a situation both agreed to, which showed bad judgment from the start on both parties, while both were under the influence – well when do you throw your hands up and say who the hell knows? The line gets too blurry. And far too susceptible to the feminist rhetoric of all sex is rape (don’t believe me? google it) for any honest appraisal to occur.
Wow…I’m 40 years old and tonight I was at a bar and I’m sure there were some college girls there. Does that mean I’m a horrible person and I sexually assaulted someone?? No, it just means I was out having a good time.
A SEARCH WARRANT AND/OR A COURT ORDER IS ALL AUTHORITIES NEED TO SEIZE RAPISTBERGER’S D.N.A. SO NEITHER HE OR IS OVERPRICED LAWYER WHO PLAYS ON WORDS CAN DO NOTHING ABOUT IT
QBall… you are an idiot. Ben is guilty two times of this.
@Deb
__________________
That’s it. Everything else is rumor. Being rude to fans, skipping out on checks, and getting drunk with college kids to celebrate your 28th birthday IS NOT a pattern of anything with regard to sexual assault.
What does this statement mean? He’s a criminal… all of these things are against the law. Skipping on a check is called “theft of services” and can be filed against him. The chick was 20, not 21 – criminal activity.
So how about getting Big Ben’s DNA from his game used memorobilia they sell on any of a half dozen sites. I am thinking if they really want it, and with an authentication even, they should maybe pony up a couple of hundred bucks and they will have it.
I am certain Ben is shedding DNA wherever he goes. Oh I got another one; how about scraping that Chrysler he face planted while riding his motorcycle?
Ben doesn’t seem like the kind of guy you might want your sister to marry, but he has two SuperBowl rings. He is young, healthy, famous and a gajillionaire. He is exactlythe kind of guy 20 year old coeds go down on in the restrooms of fine and sleazy establishments all over this country and you are not. Jealous much?
After reading all these posts, I can honestly say I’m smarter than everyone of you. That includes you too, Florio.
The girls statements should be probable cause unless Roethlisberger has a witness that saw them have sex. but they have to start the process with warrants.
The fact that they have not done so and are requesting that he volunteer a sample to me means that a judge is not convinced there is probable cause to start the ball rolling either that or the judiciary there is fixed.
Roethlisberger ‘s lawyer would not be making claims out of hand. He is privy to whats going on behind the scenes.
OTOH the process could be ongoing and taking some time. really till they say he is cleared or some type of settlement is made (a la Michael Jackson, paying the complainant off ) this is still an open issue.
# Reba says: March 14, 2010 5:07 AM
@Deb
__________________
That’s it. Everything else is rumor. Being rude to fans, skipping out on checks, and getting drunk with college kids to celebrate your 28th birthday IS NOT a pattern of anything with regard to sexual assault.
@Reba…….
What does this statement mean? He’s a criminal… all of these things are against the law. Skipping on a check is called “theft of services” and can be filed against him. The chick was 20, not 21 – criminal activity.
LOL REBA .. which one is against the law?? Being rude?? NOPE…Skipping out on checks? LOL and NOONE has EVER filed against him for it.. not to mention there are CONFLICTING reports to that too.. ooo And drinking with a 20yr old isnt illegal if you didnt serve the alcohol.. its not up to Ben to card her. LOL Your just a silly woman who always blames a man for everything.. GUT FEELING!
I personally wont make a judgement til all the evidence is laid out for me…BUT I believe hes a little smarter than that .. LOL and I HOPE LIKE HELL you arent basing your judgement on the prior case against him cus that chick is purely out for money. You definatly need to read up on that case if you are.
By the way.. I heard reports Ben wasnt even drinking…Just paying. I also heard she was seen hanging all over him all night long as well.
So we really DONT KNOW what happened. I do know from bartending for years,women young ones for the most part become MAJOR DRAMA queens when drunk.
Right now its a he said she said.. and you just believe the SHE SAID .. just becus.LOL
Any innocent man accused of something he didn’t do would jump at the chance to prove his innocence. Not doing any of this stuff proves it to me that he’s guilty.
I’m sure Big Ben has spread enough DNA around that they can find dome without his consent
Everyone go watch some basketball. We have a couple of months before anything hits the fan.
He is an idiot though.
QBall, you nailed it. The lynch mob exists and Ben will be crucified guilty or not. I agree that if he is found guilty then prosecute him. For those who say if he is innocent, then he needs to give up the DNA, you are morons. Refer to the constitution. Go Steelers.
f&ck u and ur “lets protect our freedoms” attitude…. ur mom farts c*mbubbles with that attitude of urs… its not about freedoms its about the big Spooge not incriminating himself anymore….suppose thats ur daughter…. u still gonna stick up for his constitutional rights?… if he admitted that he had sexual contact but not intercourse then that is all part of his plot to not have to give up dna.
constitutional rights are vital to this country but imo IF he did rape her (which i am beginning to suspect is possibly the truth) then i hope he gets raped with a broom stick
2 all the morons defending Bum ( mostly steel-brains).. the woman may be a conniving tramp looking 2 get paid.. or she might be rightious.. the fact is, besides Bum’s stupidity 4 attempting 2 get him a little somethin in a public restroom, the woman had a head injury.. of course Bum said: “she slipped and fell.. i just helped her” which maybe true (strangest things have happend).. but that’t why there is a sexual assault allegation going.. steel-brains need 2 read a little b4 blindly defending their bonehead, marginally talented, luckiest QB in the game.. didn’t Bum say a few years ago when he had a motocycle accident “but i don’t like 2 wear helmet..” man.. some serious brain power there..
Doesn’t want to give an interview………..doesn’t want to provide DNA, I’m glad Garland is sticking to his word and “cooperating FULLY” with the investigation.
Do we have Ben stating clearly he did not have sexual contact with her AND admitting there was sexual contact?
Or was the ESPN story wrong?
I see here that no one disputes that he admitted contact. Or is the issue what type of contact?
Is his claim they fooled around but there was no penetration? If so it remains, if his DNA is inside her he is screwed. To this end he of course does not want to give a sample if he knows it is there.
For QBall’s hitting it on the head comments. Why are these stories all about Big Ben and not all single rich NFL QB’s? Why dont the restruarants also make up BS Dine and Dash stories about other QB’s? Why does Big Ben get accused twice and We have not heard it from Romo, Eli, Cutler and the other 90 or so NFL QB’s? Why do they pick only him? If ALL this stuff is false? Why do people feel so compelled to attack him?
LOL 9th you nor I know what “head injury” they are referring too.. Shyt maybe she was givin him a bj and he pulled her hair.. LOL Hell we dont know. Noone reported seeing any blood or anything .. Not to mention how many drunks have you seen slip n fall?? Ive seen plenty in my time.
I never said he didnt do it.. I said id like to see all the evidence laid out.. I dont go on accusations alone..Like most Americans do.
LOl@ben being the luckiest qb .. hahah have you ever watched him play???
And what Ben said after the motorcycle accident was……………Pa doesnt require one to wear a helmet. Why is it everyone talks about Ben not wearing a helmet (Yoi Reba that isnt criminal activity either) but noone speaks of the woman who drove her car INTO HIS LANE!
I personally dont like bikes at all but there were 2 people involved in that accident that day.
You people crack me the hell up.. yall act like your perfect. I can almost GUARANTEE youve driven or rode in a car without a seatbelt..or went over the speed limit.. etc That doesnt make you a bad person.. it makes you HUMAN!
We are Pittsburgh and we are better than you.
@divine says:
March 13, 2010 10:42 PM
Um, why is it that the 5th Amendment applies to Big Ben in his right to remain silent, yet the poor kids in the D Williams murder trial were arrested because they apparently ‘didn’t’have that same right? Eh?
___________________________________
Geez, dude, you talk as if you didn’t know that there are two different sets of laws in Amerika, one set for celebrities and the otherwise monied class, and the other for the rest of us schmucks.
Bdrunk … In Jefferson County, PA., if you refuse to submit to a blood test and/or breathalizer, you are presumed guilty of DUI. That’s a fact. Since Pennsylvania is a commonwealth and not a state, each county has its own set of laws, penalties, punishments and fines. Maybe I should’ve said: “What a state!!!”
GoBrowns19 says: March 14, 2010 9:29 AM
“Any innocent man accused of something he didn’t do would jump at the chance to prove his innocence.”
You’re not required to prove your innocence in this country, the authorities are required to prove your guilt.
Your idiot conservative parents sure did a number on you pal.
123456789 says:
March 14, 2010 5:38 AM
After reading all these posts, I can honestly say I’m smarter than everyone of you. That includes you too, Florio.
————————————————–
You’re so smart, you use “everyone” instead of “every one”.
Don’t forget… you’re also “too cultured” and can whip any man on the internet! You told us! It must be true!
# robhug71 says: March 14, 2010 11:03 AM
“Bdrunk … In Jefferson County, PA., if you refuse to submit to a blood test and/or breathalizer, you are presumed guilty of DUI. That’s a fact. Since Pennsylvania is a commonwealth and not a state, each county has its own set of laws, penalties, punishments and fines. ”
The key word there being “presumed”.
I actually pulled jury duty in a case of a woman who as charged with DUI after having refused a test.
She was acquitted for lack of evidence… we had no choice.
You are never required to provide evidence against yourself, as any fourth grade Social Studies pupil knows, and unlike most of the people posting here.
@Reba …
I said being rude to fans, skipping out on checks, and celebrating your 28th b’day in a college bar are not patterns of anything regarding sexual assault … and they’re NOT.
I’m not arguing that Ben is a great guy. All this stuff about being rude to fans and skipping out on checks is heresay, but if it’s true, he’s a jerk!
For any other 28-year-old, partying with college students is nothing more than a sign of immaturity. But for someone in his position–especially with a civil suit pending–it was unbelievably STUPID. But it’s not illegal. She was already in a club when he met her. It’s their job to card her, not his. He’s not legally responsible for her underage drinking. She’s 20, not 15. He could not have known she wasn’t legally allowed to be in the club. And we’re all assuming she was drinking. That has never been confirmed by the authorities. They were asked if she took a blood-alcohol test and refused to comment.
Ben may be the biggest ass in the world–I don’t know. But so far, no credible evidence has been released to suggest that he sexually assaulted anyone. There is credible evidence to suggest he DID NOT rape that woman in Nevada. If I see credible evidence that he assaulted the girl in Nevada, I’ll want to see him in jail. But if he’s being railroaded, that jail space needs to go to the real perverts.
VonClausewitz says:
Thirdly Ben flew out of town ASAFP and had his lawyers take over. They claimed he would go along with the investigation and submit DNA. He hasn’t. He also hasn’t been examined. And he’s brought a lot of other parties in to help exonerate him. Inference? He suffered a wound during the event.
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WHOA, Big Boy!!! Most of your comment was well-reasoned but that paragraph is out in space!!
1. Anyone under investigation with half a brain lets the lawyers take over. Life isn’t an episode of “Murder, She Wrote.”
2. The media is swarming that lil town. Not the place for him to be.
3. According to witness accounts in the press, police interviewed Ben that night in the Capitol City club where he was still partying wearing the infamous Satan t-shirt. One student said when the cops arrived, “He was as surprised as anybody. I don’t think Ben had any idea what it was all about.” That does not sound like the behavior of a man trying to hide a wound. Obviously there wasn’t a visible mark on him. You just made that up out of thin air.
4. My brother and sis-in-law are criminal defense attorneys. That’s how I know it’s usual for defense attorneys to retain or staff investigators to assist with their cases. The prosecutors have the ENTIRE resources of the state at their disposal, including the Georgia Bureau of Investigation, the state crime labs, etc. The defense team usually has a private investigator and whatever independent forensic analysts they can afford. Ben’s is a typical legal team, so you are inferring things that aren’t there.
5. Ben’s attorney never promised to turn over any DNA. They have promised to cooperate with the investigation and the police have twice said they are cooperating in the investigation. Being cooperative does not mean waiving your right to remain silent. Remaining silent includes keeping your DNA to yourself. And they sure as heck don’t have the right to examine him. Good grief.
@tombrookshire and divine …
You’re right, justice isn’t blind. And it favors the rich and powerful–but not necessarily celebrities.
There’s not one shred of evidence that Ben Roethlisberger raped Andrea McNulty and plenty of evidence that he didn’t. It appears the only reason McNulty filed suit is because she wanted money. If he’d been Joe Citizen instead of rich QB Ben Roethlisberger, that case would never have been filed. If that case had never been filed, he probably could have celebrated his 28th b’day drinking at a college club without incident.
As for the Williams case, those were not innocent kids from the hood who got arrested because they grew up on the wrong side of the tracks. That happens, but not in this case. They were gang members with other federal drug charges pending. They weren’t stripped of their right to self-incrimination. They chose to testify against a fellow gang member in exchange for lighter sentences for themselves. Fair? No. Is their testimony credible? Probably not. But they’re not innocents being targeted by a corrupt system. The innocent was Darrent Williams.
@GoBrowns19 …
Well, you’d be convinced of his guilt if 22 priest swore he was at Mass when the alleged incident occurred. But enough of that.
Let’s say you were at home napping one day with no witnesses to back you up and your neighbor accused you of poisoning his dog. How do you prove you didn’t poison the dog? You deny it, of course. Ben has done that through his agent and attorney and directly to the police in his initial interview.
What else do you do? You have no witnesses. You were home alone taking a nap. You might be dying to jump through hoops to prove your innocence, but anything you say could be twisted and taken another way. What kind of physical evidence can you produce that you didn’t poison the dog? You don’t have any poison? You could have gotten rid of it. You’d never hurt a dog? That’s what they all say. Think about it. How do you prove your innocence?
It’s almost impossible to prove you didn’t do something when someone else says you did. But here’s the great thing about our Constitution. You don’t have to prove your innocence. Your accuser has to prove your guilt. It’s just unfortunate that so few of our citizens understand how our extraordinary justice system works.
Pluck the chickens and boil up the tar!
GoBrowns19
If you are going to poison your neighbor’s dog they are having a sale on dog poison at your local Cut-Throat drugstore.
@Deb
Four posts in a row, and you have the gall to tell ME that I post too much????
You are acting like the Official “Ben Roethlisberger is a Saint and didn’t hurt that gold-digging slut” Cheerleading squad. You are litterally posting countless times on every single Roethlisberger story, and spouting the same old “My brother and sister in-law are attornies” and “I work hand in hand with sexual assault victims” crap. Yet you seemingly convey that you disbelieve many women who charge “assault”.
You HAVE claimed that this victim was filing a civil suit against him (hence the “gold-digging” references) though she hasn’t yet. You constantly overlook that Roethlisberger is a 28 year old veteran NFL quarterback, once accused of sexual assault already, and was out celebrating his birthday by bar-hopping through a college town, in a “Satan” T Shirt, with a 20 year old co-ed. All of this is fact, which Roethlisberger hasn’t disputed.
While some of that isn’t illegal, it sure as hell is disturbing. One has to ask: “Is that how you want your Super Bowl winning quartback to behave?”. Have you seriously asked yourself “why AREN’T other NFL stars being accused of sexual assault like Ben???”. Have you wondered why Phillip Rivers or Tony Romo have NEVER been accused of this, but Ben HAS, twice now????
Some of it IS illegal. Namely his buying her drinks (yes, there have been public reports that Roethlisberger bought her drinks, and consumed alcohol himself – Corona beers and Patron licquor), even though it is the club’s responsibility to check ID’s, Roethlisberger was knowingly trolling for “chicks” in a college town and should have been aware of her age, and further, ask you damn brother and sister in-law if buying a minor drinks is against the law. I believe the rest of the world knows that it is a criminal offense.
I am tired of pointing out the obvious to a fan who thinks she is fair and open-minded but in reality has her head firmly burried in the sand (or up Roethlisberger’s a$$).
For the record, I am not a fan of the Pittsburgh Steelers. I liked and respected the great Steeler teams of the 70′s, but haven’t like the team since the days of Kordell Stewart. The Patriots have faced the Steelers many times since the days of Bill Parcells, and I’ve never found them to be a team to like, on the field (their talents or behavior) or off the field. Last time I checked, I didn’t HAVE to like every team in the NFL. I like and respect teams like Indy, as far as rivals go, but put Pittsburgh two steps further down than even the San Diego Chargers.
I have always found Roethlisberger to be the least talented QB to ever win two Super Bowls, have never cared for his whining on the field, and think that he sees himself as way more talented than he actually is. Oh, and he behaves like a piece of $hit.
Some of Roethlisbergers behavior may not be illegal, but it sure as hell isn’t what a man in his stature should be doing.
Remember Steelers fans, just because Ben says it wasn’t sexual assault, doesn’t mean it WAS consensual. She says it wasn’t, and that ought to carry at least as much weight as his denials.
Deb,
Good points. I’m not a lawyer and I don’t know the nuances of the law, but it would seem to me that he would supply DNA if asked. I thought the investigators said that was something they would do at the press conference. So if he hasn’t done that and if he hasn’t allowed himself to otherwise be examined it leads to me the conclusion there’s a reason for it. If there was absolutely no physical evidence on his body of an assault you would think that Ben would be first in line to get examined as it strengthens his case. But he hasn’t done that.
@Richm2256 says: March 14, 2010 5:43 PM
LOl you LITERALLY had me laughing outloud.. Tell me you really are not that stupid..
I cant believe we have a Patriot fan trying to speak of morals.. Why dont you ask your coach how the proper way to treat a lady…LOL then ask his wife.. and his mistress…LOL Lets talk about Tom Brady.. hes been known to snub people as well..ESPECIALLY when losing ..Dont sit and act almighty .. We all know you dont like the Steelers but your coach sure did worry.. hence his VIDEO collection of the Steelers. As far as you being a fan of Ben or the Steelers we frankly dont give a flying shit! To me your post only proved to me You think Bens guilty cus you dont like him.. LOL DUMBASS!
ONce again you slow ass .. BEN ISNT RESPONSIBLE FOR CARDING ANYONE.. IF THEY ARE IN THE CLUB IT IS EXPECTED THEY ARE OF AGE…WOW YOU DIPSHIT. HOLY HELL YOU ARE SO DUMB.
BY THE WAY.. ROMO NOR RIVERS HAVE A 100 MILL DOLLAR CONTRACT EITHER.
lol by the way poorman.. the Pats arent anything special sunshine.. their past 3 superbowls are TAINTED!My favorite one is the 18 and DONE season.
Now none of this has anything to do with Ben .. but then again neither did your post.. I am gonna await the evidence
VonMaybe he has done it and its just not out in the press … Yall confuse me.
Remember tho theres always 2 sides to a story..and keep in mind the Duke Lacrosse case..those guys were practically burnt at the stakes by America ..without a FACT in hand.
this is for all the misinformed bozo’s yelling for bens dna LISTEN UP cause i’m only gonna type this once he admitted to having sexual contact with her ( and btw NOT under age for sex at 20 year old ) so his dna is a mute point even by legal standards so please atleast read the other rumors carfully before spitting out your own uninformed opinion about it
@Richm2256 …
Yes, I’ve made many loooong posts about Roethlisberger. I’m a Steelers fan, an assault survivor, lived a few years in a country that didn’t have due process, have dealt with cops and soldiers not bound by the Constitutional protections you’re so eager to toss. I’ve also known many assault survivors and some innocent people who were wrongly accused. And I’ve known people who got drunk, drank underage, wore tasteless t-shirts, and even some who had sex in nightclubs.
So I admit having an overwhelming interest in this. But since you’re not a Steelers fan, obviously have no interest in Constitutional issues, and aren’t a rape survivor … what’s with you?
At least everything I’ve posted has been true … meanwhile you’ve posted he slammed her head into a wall, dragged an underage child from club to club getting her drunk. You’ve called 28-year-old a “creepy old man”–repeatedly portraying him as a violent pedophile–and just ranted ad nauseum about that bathroom. You’re behaving like a puritan at the Salem witch trials.
As Florio also posted, the reason one hires a civil attorney is in preparation for civil action. No civil suit will be filed until the criminal investigation is resolved. If charges are filed, the civil attorneys will wait until the outcome of the trial or any plea bargain. A conviction would make their case. If no charges are filed or Ben is acquitted, the civil attorneys will probably file a civil claim anyway because civil claims are easier to win. Florio explained that quite thoroughly. I have never used the term gold-digger in relation to Georgia. But it is not common for assault victims to hire civil attorneys within 48 hours of filing a police report. That is a fact.
As I’ve said to you 10,000 times, the EVIDENCE presented thus far in Nevada speaks to Ben’s innocence. So far NO evidence has been presented in Georgia. The idea of an ignorant man on a football blog repeatedly telling a rape survivor she doesn’t have any feelings for a woman claiming to have been assaulted just blows my mind. Are you really that stupid and self-absorbed? You couldn’t begin to grasp what I feel about any of this, let alone what I’ll feel if any evidence emerges to support her allegation.
But you can’t hear anything but your own small mind–and you certainly can’t imagine that others aren’t as small-minded as you are. You hate the Steelers, so you hate Ben, so now you’re targeting me for your venom. I can say the same thing to you 100,000 times and you’ll ignore it and post the same nonsense back to me again and again.
Post what you want, but don’t expect a response. Talking to you is throwing pearls before swine.
@VonClausewitz … Here’s all we KNOW:
His attorney said they would fully cooperate, but refused to give details about whether they would provide DNA or further police interviews or not.
Police have said twice Ben and his people are cooperating. They’ve said they requested a DNA sample. He’s not required to give one. As of right now, they haven’t applied for a warrant. We know the police said it was not rape, so no intercourse is involved. But they may want to match his hair, saliva, or semen with samples found on her skin and clothes.
NO ONE has said Ben’s been asked to submit to a physical examination. I doubt that’s a typical request. But the police would have been able to see scratches on his hands or arms when they talked to him in the club that night. You really can’t conclude anything from the presence–or absence–of scratches. Witnesses said he was shocked when the police came in. I think if he’d been wounded in some way, he wouldn’t have just gone back to the party.
Steeler-lady,
I haven’t forgotten the duke case. It’s representative of the kinds of false claims that many men have to deal with where the typical outcome for the lying party is walking away unscathed. And given the frequency with which these claims arise my hope is that Ben is just another victim. But that doesn’t mean I put blinders on.
Von .. Its good to see you understand that an accusation is just that..I dont know if Ben is guilty or not,as of now hes innocent cus i have yet to see any proof of wrong doing.Unfortunatly some on here are soo blinded by their hate of the Steelers,they automatically see Ben as guilty even without any evidence.. It is sad that this is the way of the world too.
They need to realize there is 2 sides to a story..its not just about her.I do worry tho as to why Ben was never accused of this behavior before his 100mill contract..LOL Then on the other hand money can change people.So who knows…
People keep asking… Why did Ben go home and hire a lawyer…lol who wouldnt?? Lol I havent heard anyone ask WHY DID SHE RUN N HIRE A LAWYER? LOL
I keep hoping the longer this goes on ..the more it shows his innocence,I got the gut feeling if they had anything substantial he would of been charged by now.Him giving a DNA sample is irrelevant since he did admit to a sexual contact..and they have already stated this isnt a rape case.
Glad im able to discuss this with someone open minded…lol not many to be found on here. LOL
There’s thirteen coils in a hangman’s knot, right?
According to Law and Order: SVU, they can make him submit a DNA test with a warrent. Benson and Stabler wouldn’t lie to me…haha
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