Comments on: Lawyer for one of Ben's bodyguards makes predictable claim

By: Deb

Deb — Sat, 27 Mar 2010 18:31:09 +0000

@Rafterman …
Don’t bank on that. The prosecutor could still file charges or refer the case to grand jury, which doesn’t convene until July. A grand jury would not be good news.
Only the prosecutor presents evidence to the grand jury–the defense isn’t allowed to attend. The burden of proof is minimal. A grand jury could choose to indict on her say-so alone. The proceedings are sealed, so if the grand jury indicted, they could leave the public with the impression that there is significant evidence when there isn’t. Nothing more would be known until the trial.
The prosecutor won’t go to the grand jury unless he already thinks he can win the case, but it is a possibility.

By: Rafterman

Rafterman — Fri, 26 Mar 2010 17:22:32 +0000

They need to end this now it’s been three frigging weeks and NOTHING is going to change. If they had any evidence he would have been charged already. There 15 minutes are long over.

By: Deb

Deb — Fri, 26 Mar 2010 17:04:38 +0000

@TFBuckFutter …
Are you kidding? Run some stats on conviction rates and the application of the death penalty and how often it’s carried out in the South. I’m a Southerner and death-penalty supporter, but the South isn’t exactly a hotbed of tolerance for the accused. We’re more likely to punish the innocent than let the guilty walk and that’s what concerns me. While you’re doing that research, why don’t you google false rape claims? Start with Tawana Brawley, Duke Lacrosse, Hofstra, Gary Dotson, William McCaffrey … here’s a good article:
http://www.seattleweekly.com/content/printVersion/604983
Many, many women have been brutalized by violent, dangerous, manipulative men. As a rape survivor, I understand that better than you do. But many women have made false rape claims for a variety of bizarre reasons. You think the promise of a big settlement isn’t an incentive?
Read the evidence in Nevada. If he’s innocent there–and the evidence suggests he is–then nothing has been introduced to suggest predatory practices. Jackass does not equal abuser. One on-the-record witness says this was his first visit to the college town. The report about the bodyguard blocking the hallway came from a third-hand unnamed source. Reports of a head injury and consensual sex act came from an unnamed source. The police said there was no intercourse, no rape, and no DNA on the accuser. It’s been confirmed there were no cameras in the bathroom or VIP areas, so there was no reason related to this accusation for tapes to have been erased. (But the club might have recorded over evidence of underage drinking).
We still don’t know what this girl alleges he did to her. The incident report only says “sexual manipulation.” So why don’t you cut the snark and wait for the facts before damning the man?

By: Deb

Deb — Fri, 26 Mar 2010 16:15:13 +0000

@Whatever897 …
I have all the respect in the world for people who set a goal and work to achieve it–and that includes Mike Florio for going to law school. But he was not a criminal defense attorney, and he’s admitted himself that many of these issues are outside his expertise. I had to study communication law when working toward my journalism degree. My brother is a topnotch criminal defense lawyer and even teaches law school courses. But his knowledge of comm law is limited because it’s not his area of practice or expertise.
As for being a sports writer, yes, but don’t confuse that with sports reporting. He’s not contacting original sources or writing objective news articles. He’s blogging news tidbits and rumors mixed with provocative opinions. His writing articles are designed to elicit comments and page clicks. Don’t confuse news with commentary.

By: suvantar

suvantar — Fri, 26 Mar 2010 15:10:06 +0000

sunvantar, thanks for analysis of why it takes so long about DNA testing. Assuming you are right, since it is now reported that apparently there wasn’t anything to compare DNA to, meaning to me that there were no other substances found on the girl, what is the next excuse why it’s taking so long to come to a conclusion?
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At this point, I would wager, though I am not inside the investigation obviously and cannot know what aspects of it are still under active investigation, that they are pretty close to making a decision one way or another. There are only a finite number of things to investigate in this matter.
I would imagine that the delay is probably being caused because they believe that they have a case but that it is weak and the prosecutor would like something more concrete than what he has in order to move forward… ie, similarities in story between this accusor and the Nevada accusor or a stronger statement from one of the accusor’s friend about the locked door/guard aspect of it.
However, remember I am only privy to the details that have emerged into the press. There are probably details that the police know that none of us do.
However, to answer the question in brief, I don’t think it’s an excuse as much as I believe that it’s more like waffling. They are hoping that something more will materialize because they suspect that he committed the crime, but know that their evidence is too weak to prove he did so.

By: WhatIsWrongWithYouPeople

WhatIsWrongWithYouPeople — Fri, 26 Mar 2010 15:03:41 +0000

“More importantly, there’s no reason to regard as persuasive or unbiased the opinion of a lawyer who has a client with an obvious interest in seeing this thing go away.”
Your just as biased. You make it blatantly obvious that you are completely against Roethlisberger. You completely object every other defense someone has for Roethlisberger. Your probably just your typical Steeler hater that wants them to get rid of Big Ben so they can stop winning.

By: Holeinone09

Holeinone09 — Fri, 26 Mar 2010 12:05:59 +0000

By: TFBuckFutter

TFBuckFutter — Fri, 26 Mar 2010 12:00:26 +0000

“suvantar says:
March 26, 2010 10:56 AM
However, as I said above, it’s difficult to prove and juries in the south are typically unsympathetic to situations where they perceive that a victim is not really a victim.”
Like, for example, if they lack a penis or have a pecularly deep tan.

By: suvantar

suvantar — Fri, 26 Mar 2010 10:56:11 +0000

You should really check the facts before spouting off on subjects you know nothing about.
Rape and other sex crime laws differ from state to state, in one state the legal age of consent might be 16, whereas in another it might be 18 . . . if you bothered to check you would know that Georgia doesn’t not have any sort of intoxication based sex crime laws. Therefore the ACCUSER’S blood alcohol level does not come into play in this instance.
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Yes. It does if the prosecutor chooses to pursue that angle, he would have some Georgia case law supporting that angle.
“Sex with woman whose will is temporarily lost from intoxication, or unconsciousness arising from use of drugs or other cause, or sleep, is rape. Griffin v. State, 282 Ga. 215 (2007)”
However, as I said above, it’s difficult to prove and juries in the south are typically unsympathetic to situations where they perceive that a victim is not really a victim.

By: suvantar

suvantar — Fri, 26 Mar 2010 10:32:47 +0000

Florio points out that DNA is only useful when the accused claims to not have had any contact with the accuser . . . but if that is the case then why did the police or GBI initially ask for a DNA sample?
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That’s relatively easy to answer. They would ask for a DNA sample if the hospital staff found any substances on her the night of the incident that might include the DNA of her attacker. That is not just reserved for semen, of course. If she, say, vomited on herself, the lab would run tests on the vomit to ensure it was hers.
If they found a substance that wasn’t hers, they would want a comparison sample from BR to test to see if it matched the substance that wasn’t hers.
And the reason they would do this proactively is because lab testing, if you are the Midgeville Police Department rather than NCSI or the FBI is something that takes time. So imagine this scenario:
They send the samples out for testing and it takes a couple to three weeks to get all the results back. So no everyone on these boards is saying, “What is taking so long? Why are they dragging this out?”
Now, when the tests come back, there is something there that isn’t hers. But they have no comparison sample. They don’t know who it belongs to. So now… after not having charged him for 2-3 weeks, they NOW ask for his DNA sample. And his sample goes to the lab and the carousel begins again.
So then a month and a half later, everyone is screaming about how they are publicity hounds and dragging out ‘their time in the spotlight’ and so forth.
Doing a criminal investigation takes time. Especially if you do it right and decide not to half-ass it because you’re afraid the public might get impatient with you.
Asking for a DNA sample from him proactively was a smart thing to do. It demonstrated the level of cooperation he would show, (little), and would have saved some time had the results of her lab tests come back with somebody else’s DNA somewhere on her person.

By: suvantar

suvantar — Fri, 26 Mar 2010 10:23:20 +0000

RebaT says:
Read the article in read and towards the bottom Sexual Battery is intimate touching without consent. Again, he did do that.
======================
How do you know there was no consent? Were you present during the incident?
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Her point is that a person without the capacity to give consent cannot give consent. A person who has either been given a date rape drug or, in some places, is too inebriated to give informed consent cannot legally do so.
It is a very difficult thing to prove without corroboration and most prosecutors will not indict without significant supporting evidence in those types of cases.
The difference between the two examples above is generally the implication in the minds of jurors. It is generally assumed that if someone slips another person a date rape drug, the person has engaged in some sort of nefarious, criminal activity. It is generally assumed that if someone takes advantage of a girl who is already drunk in a bar when they meet that the person may be a little bit scuzzy, but that the girl voluntarily put herself into that condition.
There’s a world of difference between forcing someone into a condition where she lacks the capacity for judgment or the ability to resist and taking advantage of her putting herself into that condition. It is not necessarily a legal distinction, but any prosecutor worth his salt considers the likelihood of conviction as the primary factor on whether to proceed with a case.

By: Bdrunk

Bdrunk — Fri, 26 Mar 2010 10:05:36 +0000

buck_u_pack_haterz says:
March 25, 2010 10:37 PM
“The only other organization I’ve ever respected next to the packers was the steelers but this changes things big time.”
UHOH! Sh*t is hittin’ the fan now.

By: jlbay

jlbay — Fri, 26 Mar 2010 10:03:52 +0000

TFBuckFutter says:
“Someone who is intoxicated can’t legally give consent to sexual interaction. If she had a .20 BAC that doesn’t ABSOLVE him. It does the opposite. Even if she was the aggressor. (And don’t start with “what if he was drunk too?” because everyone knows that “I was drunk” isn’t a defense to a crime regardless of what it is).
The crime is called Rape by Intoxication, and it IS a crime (they just probably aren’t even aware of it in less than enlightened states like Georgia).”
You should really check the facts before spouting off on subjects you know nothing about.
Rape and other sex crime laws differ from state to state, in one state the legal age of consent might be 16, whereas in another it might be 18 . . . if you bothered to check you would know that Georgia doesn’t not have any sort of intoxication based sex crime laws. Therefore the ACCUSER’S blood alcohol level does not come into play in this instance.
As for this entire post . . . it is a net nothing . . . initially I felt that Ben was probably guilty . . . but as this situation progresses my opinion is starting to change . . . the girl is now refusing to cooperate with the police . . . Florio points out that DNA is only useful when the accused claims to not have had any contact with the accuser . . . but if that is the case then why did the police or GBI initially ask for a DNA sample? They must have thought it would have provided some insight into the case . . . or thought that it would create some leverage to press on Ben’s camp . . . I don’t think investigative agencies are in the habit of requesting DNA for absolutely no reason . . . so the fact that they have back peddled on this request (especially when taking into consideration with the lack of cooperation by the ACCUSER) sure sounds like a posative development for Ben.
Florio I have defended your posts in the past, regarding this investigation, but it really does appear as if you have some sort of agenda with they way you putting a spin on what you publish. You seem to dismiss anything that comes out that seems to help Ben’s case, and emphasis or insert complete speculation to try to paint the guy in the worst possible light. Look in the end Ben is at least guilty of being a complete dumbass . . . just report the facts and leave out your slanted views . . . they will prove out that either Ben is a sex offender or at the very least a no more intelligent than a chimpmonk (Simon, Theodore and Alvin please forgive me) . . . either way the guy will come out of this think look really bad.

By: Holeinone09

Holeinone09 — Fri, 26 Mar 2010 10:03:32 +0000

It is time for Georgia to come to a conclusion on this matter. What the hell more could they possibly find after WEEKS? This ain’t a cold case murder investigation for goodness sakes. It is a shame that the Andy of Mayberry police force down there can’t come to a decision on this. They have had adequate time to review everything and talk to everybody. Ben’s reputation is slaughtered right now and partially his fault. But he deserves a speedy conclusion in this as well, one way or the other.
Make up your minds, Georgia!

By: clubfoot

clubfoot — Fri, 26 Mar 2010 09:57:52 +0000

Florio, you had no trouble with the “source” when it came to the Colts piping in noise to the RCA Dome. You cited a brother’s cousin of a hot vendor.

By: HamBurghlar

HamBurghlar — Fri, 26 Mar 2010 09:41:22 +0000

@Foozie: Im dyin at your first post to Reba… LOL… hahahahaaha.
I just wish common sense prevailed in this world, but it’s sure as hell not going to come from a Roethlisberger thread. *sigh*

By: noll1

noll1 — Fri, 26 Mar 2010 09:39:48 +0000

Well if he did it he needs to do his time. If he didnt his rep is trash now anyway. The only winners here are the lawyers and media. To all the Steeler haters out there remember the opposite of love is not hate its indifference.

By: Whatever897

Whatever897 — Fri, 26 Mar 2010 09:37:18 +0000

One more thing… just to level set everyone…
Florio IS a lawyer, who just happens to be a sports writer as well. I think this story is being beat to death, but I can’t question his knowledge on some of these subjects.

By: Whatever897

Whatever897 — Fri, 26 Mar 2010 09:28:48 +0000

mr_snrub says:
March 26, 2010 1:28 AM
Sounds like she was willing/consented to some sort of physical contact, but at some point changed her mind (wisened up?) and refused to go any further. Benny isn’t the type of guy to take ‘no’, and people rarely slip and fall in bathrooms and beat up their faces. I don’t care how drunk they are.
Step off a curb and smash face with the pavement? That’s one thing. Never heard of a bathroom sneaking up on someone.
Umm… you don’t get out much, do you mr_snrub? I have one friend in particular who ended up with a concussion because she thinks someone put a date rape pill in her drink and passed out in the bathroom – hitting the sink on her way out.
Now, before everyone jumps on THAT bandwagon, I do not believe Ben Roethlisberger put a date rape drug in the girl’s drink. However, if she was stone cold sh!t-faced, she could’ve stumbled around and cracked her face.
Let’s stick to facts people. I’m a Steeler fan, but I firmly believe Ben thinks he’s king – and it’s the NFL world that does that to him. Look at Willie Parker… We (family) thought he was awesome until we went to training camp one year and saw just how full of himself he was (and he’s just ONE example). Ben needs a handler who shows him how to grow up, handle his money, and stop talking like a ghetto kid. He needs to show some intelligence and settle down. I don’t believe he ever ‘forced’ anyone to do anything with him. However, he IS guilty of extremely poor judgement and a God complex.

By: FoozieGrooler

FoozieGrooler — Fri, 26 Mar 2010 09:09:35 +0000

“# RebaT.. says: March 25, 2010 10:53 PM
Ben needs to keep to call girls.”
Ooooh OK… NOW it’s becoming clear.
You aren’t just here to rag on Ben ad nauseum,
You’re just trying to drum up some business!

By: NoRingsForYou

NoRingsForYou — Fri, 26 Mar 2010 08:58:41 +0000

I’ve ripped Florio many times, but in this case he’s right. Steelers fans jumping on Florio for pointing out an obvious fact are showing their true black and yellow colors. Big Ben’s new name should be Big Piece of Crap. IF it’s true that he forced himself on someone while his body guard blocked the door, they both belong in jail. And Big Piece of Crap should be banned from the NFL.

By: Jack Burton

Jack Burton — Fri, 26 Mar 2010 08:41:05 +0000

“That is a slap in the face to those of us who actually fought our attackers.”
I fought my attacker and all I got was this lousy shirt.

By: Chapnasty2

Chapnasty2 — Fri, 26 Mar 2010 07:13:01 +0000

“Unfortunately, the accuser is making this worse for real victims. If she were my daughter, someone would be filing assault files against me for giving her a stone cold stunner.”
PHENOMINAL!!!!

By: robhug71

robhug71 — Fri, 26 Mar 2010 04:09:47 +0000

@LessRings: Anyone who has followed Roethlisberger the past couple years should know that the Steelers QB is all about power, fame and fortune.
His activitites that crazy night in Georgia wasn’t about having sex. It was about acting like a rock star, acting like a Big Shot. It was about him being a celebrity among peons.
Of course he could be in a hot tub at home with six chicks, but where’s the excitement in that?
A real NFL quarterback would’ve celebrated his birthday in a pinstripe suit, at a five-star restaurant with a pretty (adult) blond on his arm.
Roethlisberger, however, selected a dumpy college bar where he would be the center of attention. I’m surprised he didn’t invite ESPN to tag along.

By: pokerpro7s

pokerpro7s — Fri, 26 Mar 2010 02:28:06 +0000

“Rape by intoxication?” You’ve got to be kidding me. Underaged girls getting sloppy drunk and hooking uo with random guys is a nightly occurance on any college campus, or high school for that matter. Anybody who doesn’t realize this is extremely naive. If Ben did in fact have sex with this girl he did the same thing any single, 28 year old, red-blooded American male would have done with a drunk college girl coming onto him. Give up the witch hunt already.

By: Siggy00

Siggy00 — Fri, 26 Mar 2010 01:57:04 +0000

Yeah but what did the accuser say when she said she was assaulted that made them state they wanted DNA three days after this was reported, and AFTER Ben admitted they had contact?
Ben admitted they had contact that night. They still wanted his DNA three days later.
Now they don’t.
That tells me the rape kit didn’t provide anything.
Seems to me that maybe her “version” of the events (while being drunk) don’t match up with the evidence (or lack of) in this case?
Then she won’t talk to police, but she was well enough to go on a retreat in the mountains.
Then the story comes out yesterday that she was busted trying to pass a fake ID in the same club WEEKS before she met Ben.
Not the most credible witness it appears at this time, no?

By: mr_snrub

mr_snrub — Fri, 26 Mar 2010 01:28:40 +0000

Sounds like she was willing/consented to some sort of physical contact, but at some point changed her mind (wisened up?) and refused to go any further. Benny isn’t the type of guy to take ‘no’, and people rarely slip and fall in bathrooms and beat up their faces. I don’t care how drunk they are.
Step off a curb and smash face with the pavement? That’s one thing. Never heard of a bathroom sneaking up on someone.

By: Cereal Blogger

Cereal Blogger — Fri, 26 Mar 2010 00:43:17 +0000

No matter the outcome of this, one thing is certain…..Florio is a tool

By: Deb

Deb — Thu, 25 Mar 2010 23:17:10 +0000

@TFBuckFutter …
Yeah, they’re doing a great job of teaching Victim 101 to college girls. You go to a party, you can drink all you want, and slobber on any man in the room. Go home with any guy who strikes your fancy, crawl into bed and do whatever. Wake up hungover and full of regret? Shoot, it wasn’t your fault. It was Rape by Alcohol. You’re not responsible for your body. That’s his job. Never mind that he was drunk out of his skull, too, and you didn’t utter one word of complaint. Too bad. You were too drunk to consent and he should have known better. Call the cops. Make the accusation. Ruin his reputation. Get him thrown out of school. Toss him in prison if you can.
That is a slap in the face to those of us who actually fought our attackers.

By: Raider Pride

Raider Pride — Thu, 25 Mar 2010 23:16:10 +0000

YourTeamHasLessRings says:
March 25, 2010 10:43 PM
Point I stuggle with is he could have any 6 chicks (drunk or otherwise) in a hotub at anytime (probably does right now)….when did the bathroom at a wing joint become a high percentage play for getting some good action for a guy with lots of coin?
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Now…. That is a fact, and perhaps the most disturbing aspect of Ben’s actions.
Well Stated… “YourTeamHasLessRings.”
Good on you.