Gareon Conley could still be charged, despite passing polygraph test

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The Raiders decided to take a risk by drafting cornerback Gareon Conley. But it definitely was a risk, given the uncertainty of his legal situation in Cleveland.

Yes, Conley passed a polygraph test, which per multiple reports was imposed by the Ravens. (And that creates a separate potential can of worms that will be addressed in a separate post.) So why didn’t the Ravens pick Conley at No. 16 if, as reported, he passed it?

Whether Conley can pass a polygraph test (which remains inadmissible in a court of law because it’s not a reliable indicator of truth telling) isn’t relevant to whether he gets charged. Indeed, whether Conley is telling the truth and whether the evidence would permit a zealous prosecutor in Cleveland to indict Conley are two different issues.

Conley could still be indicted; the Ravens realize that, and the Raiders surely do, too. As the saying goes, a grand jury could indict a ham sandwich. That’s because the process entails a one-sided introduction of evidence, with the defendant having no representation.  It’s also easy to indict because the legal standard for doing so is much lower than the standard required for a conviction.

To get an indictment, the prosecutor merely must convince the grand jury that probable cause exists to believe a crime was committed. Combining that with the fact that the defendant has no one arguing the opposite position makes its ridiculously easy to get an indictment.

People think that, in any community, a judge has the most power within the confines of the justice system. The truth is that the prosecutor does. The prosecutor decides who gets charged, who doesn’t get charged, and what they get charged with. If the prosecutor in Cleveland subjectively decides that the alleged victim is telling the truth and/or that the defendant isn’t — or if the prosecutor simply decides that the prosecutor wants to turn the defendant’s life upside down for any reason at all, an indictment can be obtained.

The prosecutor’s discretion is really broad. Really, really broad. In nearly any case where a prosecutor wants to get an indictment, an indictment will be gotten.

There are two key facts that could significantly influence that decision-making process. The alleged victim has had a rape kit administered, and Conley has agreed to provide a DNA sample. Given that Conley’s front-line defense (based on the information provided by the witnesses in the hotel room) is that nothing happened between Conley and the alleged victim, a match between the rape kit and the indictment could be the thing that prompts the prosecutor to seek an indictment, and in turn that results in the indictment being obtained.

40 responses to “Gareon Conley could still be charged, despite passing polygraph test

  1. It is insane and beyond scary that a woman can make any accusation against any male out of hate or revenge or whatever and his life is immediately over. This never happens in reverse, just look at women school teachers getting off with probation at worse for having sexual relations with underage boys. Men have no rights in the system and something needs to be done about this

  2. If the accuser is lying she needs to get roasted and due time. I’m tired of the men getting treated like there guilty until proven innocent. This happens to many times a bunch of she said he said, and I’m the victim.

  3. As they say, a grand jury could indict a ham sandwich. Obviously, I don’t know what happened in Cleveland, but one of the most disturbing things about America’s justice system is the inability of prosecutors to admit they are wrong, truth be damned.

  4. How true. Most DV prosecutors are women as are the members of the jury. They are predisposed to charge a male defendant any time a woman files a complaint. Additionally, the prosecutor does not need to present evidence that is favorable to the defendant such as the witness testimony. That is the responsibility of the defense attorney.

  5. ^^^^I could not agree more which makes it a real head scratcher that a first round draft pick would dare invite a gold digger to his room and then ask her to leave and think something isn’t going to happen. It was truly a very arrogant and idiotic move on Conley’s part if his story is true.

  6. If this ends like the Duke Lacrosse Case, and it comes to light that the woman made up the entire story, she should then receive the sentence that a convicted rapist would have received.

  7. It will all rely on the DNA test. He has witnesses that say he’s innocent. The only thing that will truly clear him is if the DNA doesn’t match. The fact he’s taken a polygraph and is more than willing to provide a sample, tells me he is likely telling the truth, but we’ll see. The Raiders seem pretty sure he’ll be vindicated so there’s that as well.

  8. You need to consider a broader scope. Sexual assault is not limited to rape, it also includes attempted rape or even groping a woman (including over her clothes) against her wishes.

    Now i am not saying Conely did anything wrong. But the biggest problem with this whole situation is the vagueness of it all. All we know is he is accused of sexual assault, with no indication of what happened for it to possibly be categorized as sexual assault.

    And with eye witnesses on Conely’s behalf, there will be a tough time proving he did anything that would not leave a DNA sample to match up against.

  9. He’s lucky it didn’t happen on campus. At least in this situation he still has some rights.

  10. It is insane and beyond scary that a woman can make any accusation against any male out of hate or revenge or whatever and his life is immediately over. This never happens in reverse, just look at women school teachers getting off with probation at worse for having sexual relations with underage boys. Men have no rights in the system and something needs to be done about this
    —————————————–
    first of all that’s really not true – it’s certainly not pleasant but innocent men after fighting these charges are often vindicated. it’s definitely not a perfect system but what’s the alternative?

    Secondly, you’re seriously comparing forced rape with a 25 year old (or whatever) teacher having consensual sex with a 17 year old (or whatever) boy?

  11. I agree with the editor. The frustrating issue with polygraph test seems
    to come from some prosecutors that only give the results value, if it was their idea to conduct the test in the first place.
    Even where a retired FBI expert has conducted a polygraph that indicate no deception, prosecutors have indicted.
    Very frustrating.
    This case seems to have a lot of problems. Hopefully camera’s and witnesses can convince the prosecutor that this is a bad case.

  12. The fact still remains that if he did in fact pass a polygraph test there is a very good likely hood that he is telling the truth. I’m sure over the years there have been numerous people who have tricked the polygraph but the chances of a nervous 20 year old young man doing it are not great. Lets have the accuser take a polygraph as well and see what happens. Prosecutors don’t just indict anybody.

  13. “a match between the rape kit and the indictment could be the thing that prompts the prosecutor to seek an indictment, ”

    Typo-I think you mean “a match between the rape kit and the indictment and Conley”

  14. “a match between the rape kit and the indictment could be the thing that prompts the prosecutor to seek an indictment, ”

    Typo-I think you mean “a match between the rape kit and Conley”

  15. Come on Florio, be real. The analytics show polygraphs to be accurate 90% of the time. Plus when someone taking a polygraph is able to control their emotions enough to throw off the guilt reading then it generally gives an inconclusive reading, not a truthful one.

    I’m willing to give him the benefit of the doubt.

    We, as men, have allowed ourselves into being bullied by the PC lie that’s perpetuated by the fanatical progressive misandrists with the narrative that women never lie about these matters. Just watch the program “Snapped” on the Oxygen channel. You’ll see who the deviants are.

  16. Why is the victim alleged? Is it possible that an assault did take place, alcohol was involved, and the accuser just has the wrong perp details?

    Seems pretty irresponsible to question a rape victims claim. Question details and specifics, sure – trauma is a stressful event for the mind. But the event itself?

  17. well, if any team can screw it, it’s either the raiders, chargers, or best of them – the browns… hahaha

  18. Raise your hand if you’ve ever taken a poly?

    I have – it’s not a particularly stress free test.

    That said – you really have to know what questions were asked and how to determine how much weight and validity the results have.

    You can’t beat the machine but you can beat a weak examiner.

    In my case I was 100% truthful (this was for a security clearance) and at best, with a guy who does nothing but administer these exams over and over and over – he couldn’t say I was lying but he also couldn’t say I was telling the truth – inconclusive. I still got the clearance.

  19. The fact that he wanted to take the polygraph (and passed) and agreed to a DNA sample strongly suggests hes innocent, and sex/rape did not occur.

    But like another poster pointed out the charge, if any, could be sexual assault not rape which opens the door for false allegations to be hard to disprove.

    None of us know what happened, but the story reeks of a gold digger throwing a hail marry hoping to get a settlement from a guy whos about to be paid a lot of money.

  20. We’ll know after he submits his DNA sample on Monday. I like to think Reggie did his homework and that with witnesses and a polygraph saying he didn’t assault her or even have sex with her, the test will confirm that and she’ll be charged for submitting a false report. OTOH, if he’s charged, that means the DNA sample matched his and Reggie will have mucho egg on his face. I wouldn’t have rolled the dice here but rather would’ve filled another position of need at ILB with Cunningham if all of Foster’s red flags scared them off… As a Raider Fan, I sure hope Reggie is right and Conley is vindicated!

  21. Why are the headlines to still to put a cloud over this kids head after you see enough information that he is more on the side of being innocent than guilty he doesn’t have legal issues if you haven’t been charged or arrested and this happened April 9th KILL THE DRAMA ON HIM AND PUT SOME ON THE WOMEN

  22. nfella says:
    Apr 28, 2017 4:44 PM

    Why is the victim alleged? Is it possible that an assault did take place, alcohol was involved, and the accuser just has the wrong perp details?

    Seems pretty irresponsible to question a rape victims claim. Question details and specifics, sure – trauma is a stressful event for the mind. But the event itself?
    ————————————————————-
    Are you suggesting that women NEVER lie for financial gain?

  23. Simple binary solution.

    She did a rape kit. If the dna matches, he’s lying and did it since he said he didn’t have sex with her.

    If the dna doesn’t match, he’s cleared.

    Now whether or not that rape kit actually gets tested vs the dna in the next 5 years or sits on the shelf for years like they do in many places, that’s another issue.

  24. sfsugator says:
    Apr 28, 2017 4:21 PM
    If the accuser is lying she needs to get roasted and due time. I’m tired of the men getting treated like there guilty until proven innocent. This happens to many times a bunch of she said he said, and I’m the victim.

    ——
    I agree completely. I am a female. Some women embarrass the rest of us. I have no tolerance for sexual/domestic abuse whatsoever. Men are not always guilty. I had a male friend whose stupid wife would beat up on him and he wouldn’t touch her and he was always in trouble. She used to throw herself on chairs etc to harm herself so he would go to jail, except for the last time. Their 15 year old daughter witnessed the LAST one. Wife called cops, blamed it on husband. Kid finally stood up and said, no, it was my mother. They took her to jail and finally got a divorce. I have no use for those women.

  25. Seems like most people are ASSUMING the accuser is making this up…well, what if she isn’t ? that’s what the judicial system is for. Anyone can say they did or didn’t do something, but it’s up to the prosecutor to produce the evidence to prove it and up to the defense team to either disprove it or put doubt in the jury’s mind. We don’t know what happened. Let the judicial system give BOTH sides a fair chance to prove their case.

  26. “first of all that’s really not true – it’s certainly not pleasant but innocent men after fighting these charges are often vindicated. it’s definitely not a perfect system but what’s the alternative?”

    How about protecting their privacy like the do the alleged victim’s? Patrick Kane was completely vindicated, as was Ben Roethlisberger, but people still routinely refer to them as “rapists”.

  27. you mean passing a polygraph test administered by an NFL team has no bearing on whether a prosecutor hundreds of miles away will bring charges against him ????

    SAY IT ISNT SO!

  28. peytonwantsaflag says:

    Apr 28, 2017 4:31 PM

    Secondly, you’re seriously comparing forced rape with a 25 year old (or whatever) teacher having consensual sex with a 17 year old (or whatever) boy?

    ————–

    No. A reasonable interpretation is that he was comparing a 25 year old FEMALE teacher having consensual sex with a 17 year old BOY to a MALE teacher having consensual sex with a GIRL. He referenced forced rape in his post but that was not his comparison.

  29. “Patrick Kane was completely vindicated, as was Ben Roethlisberger, but people still routinely refer to them as “rapists”.”

    Rothlisberger was never “vindicated”, he bought off his victims and that’s well known.

    Now it was their choice to take the money rather than pursue him further in court, but most people are well aware of what he did and avoiding the criminal charges doesn’t change that.

  30. yes and when you open your car door, and you accidentally nick the car next to you. Then you leave the scene unknowing that you put a little nick in the car, start your bbq, have a beer, and once you heard you did that, you decide to walk back to see what happened. The police and DA can charge you with Vandalisim, DUI, and hit and run, and since none of it can stick in a court of law , the DA just drops the charges. In the interim you can lose your job, and because some bozo who gets to decides if you get to return to work or not , just says nothing.

    Reinstate Aldon, or at the very least find what crime he was “Guilty” of.

  31. Players from disgusting Universities like LSU, Ohio State, Alabama, and the Florida State Criminoles should never be hired.

    I hope this guy turns out to be the dirtbag he seems to be. He obviously has low standards on his bedding partners.

  32. This business of paying off the person who brings criminal charges against another serves only to make a joke out of the entire legal system. I don’t get. If there is a rapist on the loose, they need to be prosecuted, convicted, and locked up. (I don’t want him raping my sister.) It shouldn’t be up to a private citizen to call it off because they got paid.

  33. None of this matters. The guy will never get convicted in a jury trial. The woman was asked to go to a hotel room to have a foursome, and she went, but she said she only wanted to watch. Nobody in their right mind is even going to bring this to trial.

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