Skip to content

Nevada case could keep alleged victim in Georgia from getting closure

Regardless of whether a confidential settlement has been reached between Steelers quarterback Ben Roethlisberger and his alleged victim in Georgia, it’s clear that she wants full and complete closure.

She likely won’t get it.

An e-mail from a reader and a new report from TMZ regarding the intentions of lawyer Calvin Dunlap to proceed with the civil suit in Nevada have caused us to realize, on a better-late-than-never basis, that the alleged victim in Georgia likely will be subpoenaed to testify at a deposition in the Nevada case.  She won’t have to actually go to Nevada; Dunlap and the other lawyers would come to Milledgeville and jump through the various legal hoops that apply in Georgia to “discovery” efforts relating to cases pending in other states. 

The deposition, which would be videotaped, could then be played at the trial of the Nevada case, if the judge in Nevada ultimately concludes that the Georgia allegation falls within the scope of the evidence rule that permits other specific incidents to be introduced in order to show “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”  (The Federal Rules of Evidence and the rules of evidence in most states contain that language.  We have been unable to confirm that the Nevada Rules of Evidence contain a similar provision; we’d be surprised if they don’t.)

Per TMZ, Dunlap also plans to pursue any available portions of the Georgia investigation, including interviews and police reports.  These documents, coupled with the alleged victim’s testimony, will be critical to Dunlap’s effort to establish that Roethlisberger did something he shouldn’t have done in that small, five-foot-wide, single-commode bathroom in the back of a Milledgeville nightclub.  And Dunlap will need to have solid evidence; many judges abhor this “other acts” because of its potential to create a trial within a trial on the question of whether the defendant is responsible for the other incident that’s being used as evidence of responsibility for the incident at issue. 

Finally, look for Dunlap to explore aggressively the question of whether a settlement occurred.  If — and that remains a big if — the Georgia victim opted to request that the charges be dropped as part of a negotiated financial payment, Dunlap will be entitled to know that.  Of course, Roethlisberger’s lawyers would work just as aggressively to ensure that any such information isn’t publicly revealed.  If, in the end, the Nevada case goes to trial and the judge decides to allow evidence of the Georgia incident, there’s a chance that the settlement would be revealed in public court proceedings.

As a practical matter, that possibility is too far down the road in the Nevada case to have been a factor in whether Roethlisbeger should settle with the alleged victim in Georgia, if that’s indeed what happened.  Still, the Nevada case could be the only way that this information ever would come to light — short of the alleged victim suddenly showing up for her college classes in a black-and-gold Ferrari.

Permalink 25 Comments Feed for comments Latest Stories in: Legal, Pittsburgh Steelers, Rumor Mill, Top Stories
25 Responses to “Nevada case could keep alleged victim in Georgia from getting closure”
  1. overkil2 says: Apr 13, 2010 9:52 AM

    You know, I thought he was innocent in this case, but after the Georgia case, he’s just a douchebag. I hope this chick takes him to the bank for being an idiot.

  2. MSWRavens says: Apr 13, 2010 10:00 AM

    In his comments last night, Ben said he was happy to put this matter behind him. FURTHER EVIDENCE THAT A SETTLEMENT WAS REACHED. If there was no settlement, then he could not comfortably say that this was behind him, because of the possibility that a civil suit would pop up and bite him in his ample behind.

  3. BRUTUS9448 says: Apr 13, 2010 10:01 AM

    Ben should be out of this league in a few years the way he’s going.

  4. Cut Da Jokes says: Apr 13, 2010 10:02 AM

    Maybe you should go work for TMZ… Is this site for football news? No one gives a shit about Roethlisbeger’s personnel life. Stop with all the gossip!

  5. Outlaw Jersey Whales says: Apr 13, 2010 10:03 AM

    “…The deposition, which would be videotaped, could then be played at the trial of the Nevada case…”
    ————————————————–
    Not if the deposition is videotaped in the VIP room at the Capital City Club!

  6. tj.52 says: Apr 13, 2010 10:13 AM

    The problem with your theory Florio is that if a settlement is reached in the Georgia case it will most certainly include a non-disclosure clause coupled with a drawn out payment schedule which would forbid the alleged Georgia victim from complying with any investigation made by Dunlap until all payments are made which would probably be at least a couple of years. If he can keep the case open that long without going to trial he may have a shot, otherwise, he’s out of luck.
    What the Georgia settlement may do is prompt Roethlisberger and his counsel to seek a settlement in Nevada as well to avoid further publicity.

  7. schmoe says: Apr 13, 2010 10:14 AM

    No doubt…looks like he’s going to eat his way out if nothing else. Ben Eatthisberger?

  8. Marv_Sleezy says: Apr 13, 2010 10:14 AM

    This guy makes me sick. The Steelers should trade this loser.
    They should trade him to Buffalo for the 9th pick in the draft. Please?

  9. Vince Drooley says: Apr 13, 2010 10:14 AM

    Come on Florio, you and I both know that a subpoena is merely a request from an attorney. The “alleged” victim in Georgia cannot be compelled to testify, via deposition or otherwise, by a subpoena. She can only be compelled by a court order. If the terms of her agreement with Roethlisberger specifically prohibit her from publicly disclosing any of the details of that case, only a superior court judge can countermand the prohibition via a court order.

  10. Florios'Lawyer says: Apr 13, 2010 10:16 AM

    Regardless of whether a confidential settlement has been reached between Steelers quarterback Ben Roethlisberger and his alleged victim in Georgia, it’s clear that she wants full and complete closure.
    She likely won’t get it.’
    ———-
    Yeah, but at least we already know that won’t stop you from suggesting that it happened, over and over and over and over……….
    you click whore

  11. The Real Shuxion says: Apr 13, 2010 10:16 AM

    I feel bad for the woman from Georgia because Ben’s democrat douchebag lawyer will basically destroy this girls life. She just wants to go home and live her life but Ben and this piece of crap from Nevada (They outta marry one another because they belong together) are going to force this girl to be basically torn apart on the stand.
    I feel for her.

  12. Florios'Lawyer says: Apr 13, 2010 10:19 AM

    “The deposition, which would be videotaped, could then be played at the trial of the Nevada case,”
    Right.
    Dunlap has even arranged for the Georgia accuser to have a BAC of 0.2 during the taping, for the sake of authenticity.

  13. Steeler-lady says: Apr 13, 2010 10:25 AM

    lol Mcnutty will stalk her just like she did Ben. Maybe she will find another married man she can have an affair with and forget all this ….mcnutty that is.

  14. ArtModellsPimp says: Apr 13, 2010 10:27 AM

    Dammit, Florio…
    Shittsburgh colors ARE NOT BLACK AND GOLD. They are BLACK AND YELLA.
    YELLA… the same color as baby shit.

  15. Krow says: Apr 13, 2010 10:28 AM

    Ut oh…. character concerns. That limits him to the Raiders, Eagles, or Jets.

  16. CaptainObvious says: Apr 13, 2010 10:31 AM

    “MSWRavens says: April 13, 2010 10:00 AM
    “In his comments last night, Ben said he was happy to put this matter behind him. FURTHER EVIDENCE THAT A SETTLEMENT WAS REACHED.”
    uhm… maybe he said it was behind him since the DA closed the case, saying there was no evidence that any crime occurred? Wouldn’t that mean it’s over?
    Duh…
    Damn, the problem with the Baltimorons’ gene pool is that there’s no lifeguard.

  17. 3 yards and a cloud says: Apr 13, 2010 10:45 AM

    Florio, Did you actually attend law school?
    Anything from the Georgia case isn’t admissible in the Nevada case, b/c it would be used as “other bad acts” evidence.
    While “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident” is 404 (b)’s argument around prior bad acts, there has to be some common theme and a closeness. This is 2 instances over two years. That’s too far attenuated to be admissible and admitting such evidence would be reversible error.
    I don’t see anything from the Georgia case that would fit into “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”
    I don’t think you’re trying to be disingenuous in the report, but it’s simply inaccurate to say anything from the Georgia case is admissible in the Nevada case

  18. Jack Burton says: Apr 13, 2010 10:51 AM

    It’ll be nice to see Dennis Dixon get more than a game behind center, hope to see him do well.

  19. Richm2256 says: Apr 13, 2010 10:52 AM

    I was away from the computer until late last night, which is when I read the news of the charges not being filed.
    I have been very critical of Roethlisburger’s actions of the night in question, and have defended the ‘victim” countless times against such blind defenders of Roethlisberger like the infamous “Deb”.
    Clearly, with the DA publicly saying that the victim herself – after going through all the bullshit of filing charges in the first place – suddenly didn’t want charges to be filed against the man she claimed sexually assaulted her, there can be only one conclusion:
    She reached a financial settlement with Roethlisberger.
    That makes her – in my eyes – the very money grubbing goldigging slut that people like Deb, and other Roethlisberger defenders, have painted her as. If she truly were assaulted, to the point she filed a complaint against him in the first place, then she should be ready – no, she should INSIST – that she should have to proceed in testifying against him and bringing him to justice.
    That said, the same point can be made against Roethlisberger; that if he were TRULY innocent, he would want – no, he would INSIST – on having his day in court to prove his innocence. And for those who would say that it’s the DA’s job to prove Ben’s GUILT, not Ben’s burden to prove his innocence, that totally dismisses Ben’s need to salvage his public image with an acquital.
    Ben Roethlisberger clearly did something to that woman in that restroom that he knows he shouldn’t have, and that woman is too greedy to prove that in court.
    They BOTH are total losers.

  20. AllThat says: Apr 13, 2010 10:54 AM

    @Cut Da Jokes says:
    April 13, 2010 10:02 AM
    Maybe you should go work for TMZ… Is this site for football news? No one gives a shit about Roethlisbeger’s personnel life. Stop with all the gossip!
    Go to another site then you idiot. We want all this info/gossip so we can continue to rip on all the Stealers fan and their so called best franchise in the NFL garbage.

  21. wyoff says: Apr 13, 2010 10:55 AM

    -ArtModellsPimp says:
    April 13, 2010 10:27 AM
    Dammit, Florio…
    Shittsburgh colors ARE NOT BLACK AND GOLD. They are BLACK AND YELLA.
    YELLA… the same color as baby shit.-
    What are you feeding your baby?

  22. robert ethan says: Apr 13, 2010 11:10 AM

    After being penetrated by a six and a half foot, 300 pound, borderline defective hillbilly mullet, “Closure” probably comes when you can no longer park your car in the bodily orifice.

  23. Tcostant says: Apr 13, 2010 11:11 AM

    Just wait 8 months, another girl will come forward. Big Ben behavior is serial and these are likely not the only two out there.

  24. olcap says: Apr 13, 2010 11:43 AM

    Sheesh. You harp like an old lady that is determined to keep everyone up on the latest gossip. Perhaps now that you yourself could become a MINOR celebrity, with your NBC gig and all, someday YOU will be accused of sexual misconduct by some female who thinks she could get a payday out of you. Don’t expect to get much sympathy if that happens.

  25. thetruthhurts says: Apr 13, 2010 12:39 PM

    That Ferrari she may be driving won’t be black and gold.
    It will be black and purple–you have to think this made her an instant Ravens fan…

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!