TSJ Thread

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#201      

JFGsCoffeeMug

BU:1 Trash cans:0
Chicago
so now i'm trying to understand why shannon's lawyer filed for the TRO at this juncture
Excerpt from TSJ's written statement to the panel:
While I appreciate my lawyers and their ability to fight the case in court, I know that the criminal justice system takes time. So my day in court will not come about for a long time, most likely long after the NBA draft, and I may not be cleared of the charges until it's too late. The harm that I will suffer from an immediate suspension can never be undone, and I will never have this opportunity to further my collegiate career or fulfill my lifelong dream to play in the NBA.
That's why you seek a TRO. To limit the extent of the irreversible harm done by the current status quo. Because if you wait for the entire process to run its course to the very end the way things currently stand, TSJ will have been significantly harmed without sufficient recourse even if he is found not guilty.
 
#202      

This letter is really what the 27 page legal filing states, well written by his team. "I'm glad I came back — I love the team, the school, and the students who cheer us on." notable exclusion of Underwood, Whitman, etc

EDIT: he does mention how much his coaches mean to him elsewhere
 
#203      
#204      
Incorrect
Because it involves federal law or the interpretation thereof.
Title lX is a Federal law

And Constitutional issues were raised, which sits above federal law.

“[t]he Department [of Education] may not deem a recipient to have satisfied the recipient's duty to not be deliberately indifferent under this part based on the recipient's restriction of rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment.”
 
#205      
Excerpt from TSJ's written statement to the panel:

That's why you seek a TRO. To limit the extent of the irreversible harm done by the current status quo. Because if you wait for the entire process to run its course to the very end the way things currently stand, TSJ will have been significantly harmed without sufficient recourse even if he is found not guilty.
Right, and the fact that this was written a week ago, with no notable movement from that panel, doesn't look positive for his return.
 
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#206      
The actual complaint has been released, I believe I saw it on Twitter. In my opinion, as a woman who believes women as a rule, there was not enough evidence there to have charged him with rape. Even if he is found to have done what is alleged (butt grabbing, and sticking his hand up her skirt), they should have at least investigated before moving on such serious charges. They didn't even question any witnesses (Justin Harmon, Hunter Dickinson, Lance McCullars, the grad assistant from Illinois). I'm not saying she's lying, but she may be mistaken. There's at least reasonable doubt, in my opinion.
Are you saying that she may be mistaken about the identification of the perp or mistaken about the alleged act? I'd think that it would be hard to be mistaken about the alleged act.
 
#207      
Here is the Notice of Removal that was filed. It includes Hobson's Verified Statement and the Lawrence PD's Investigative Reports re: the surveillance video, cell phone imaging, and statements of the accuser and her friend.

Per the Federal Court docket, U of I's response to the Motion for a Temporary Restraining Order is not due until 1/23/24, which is the standard time for a response to a motion. TSJ would probably then have 7 days to file a reply.
Hobson account of arriving home in Champaign at 4:30 am (via motor vehicle) does not line up with accuser account of incident occurring at 12:45 am.
 
#208      
Definitely puts the university/Whitman/BU is a tough spot if the TRO is granted.

You almost have to rewrite the policy dictating suspension. Then Whitman/BU have to decide if they want to play TSJ. I think those who read this and other boards as well as follow along have a pretty good understanding and realize the decision to play or not to play TSJ is simple, but the gen pop do not.

Not all too surprising the university forced this to be kicked up to a fed level, IMO. I do think if it’s granted that it’s much more concrete appearing and not just some home cookin. It’ll be easier for those less informed to swallow.
This TRO is bigger than TSJ. The university and other institutions will be affected by this decision

If a judge rules you cannot suspend a player due to pending legal issues what cases in the future benefit from this? You may not like the facts of the next case

For TSJ it makes sense legal matter won’t be resolved until summer at the earliest. From a NBA perspective would a team draft him with this legal issue unresolved? If found not guilty is TSJ better off staying another year in college?

I think he has a compelling argument if he is guilty he will receive his punishment if he is not guilty he was punished.
 
#209      
Hobson account of arriving home in Champaign at 4:30 am (via motor vehicle) does not line up with accuser account of incident occurring at 12:45 am.

I mean this right there is key piece of evidence is it not? It TJ was with Hobson and they arrived in Champaign at 4:30 am (I'm assuming this can be somewhat proven with toll records) then the incident could not have possibly occurred at 12:45 am.
 
#210      
Lawyer here. By asserting claims under Title IX, which is a federal statute, they gave UIUC the option to remove the case from state court to federal court. Federal courts have jurisdiction over cases that raise questions of federal law.

Very generally speaking, Federal judges are viewed as being more sophisticated and impartial than state court judges. I stress, that is a huge stereotype I am making; many state court judges are excellent and many federal judges are not. I am only offering that as a possible explanation for why UIUC decided to remove the case. No matter what we on a message board think, UIUC has an interest in defending its processes.

I believe that there is only one federal judge currently seated in Urbana. He is a BA and JD graduate of UIUC. Perhaps that has something to do with his decision to recuse himself. So, the case had to go to a judge outside of Urbana. It went to Judge Colleen Lawless in the federal court in Springfield. I know nothing about her besides what’s on her Wikipedia page. The reassignment process typically is random, so I don’t read anything into it.

Will be interesting to see what happens.
Thanks so much for the explanation, makes total sense.
 
#211      
I mean this right there is key piece of evidence is it not? It TJ was with Hobson and they arrived in Champaign at 4:30 am (I'm assuming this can be somewhat proven with toll records) then the incident could not have possibly occurred at 12:45 am.
I really hope TJ doesn't own any yellow shirts.
 
#212      

pruman91

Paducah, Ky
The Rifleman, Wagon Train, Rawhide, Have Gun Will Travel (my personal favorite) all not good, but great. And all the cameos of future stars. When they add Combat or Rat Patrol it will be a homerun for me.
Combat was a can't miss for me growing up ......Vic Morrow was outstanding in it......
 
#213      
I mean this right there is key piece of evidence is it not? It TJ was with Hobson and they arrived in Champaign at 4:30 am (I'm assuming this can be somewhat proven with toll records) then the incident could not have possibly occurred at 12:45 am.
They would also have to prove Shannon was in that vehicle, which could probably be done with cell phone GPS records.
 
#216      
Hobson account of arriving home in Champaign at 4:30 am (via motor vehicle) does not line up with accuser account of incident occurring at 12:45 am.
Item 14 in the affidavit from detective Josh Leitner says "The video also showed a person identical to Shannon off camera in the same area where <victim's name redacted> was off camera."

If it were as obvious as TSJ being on the trip home at the time the incident occurred, I'm sure that would be a major point of emphasis from TSJ's attorneys. Perhaps Hobson meant they left at 4:30am, or was mistaken about the time of arrival.
 
#218      
He's not wrong and with a weak case like this. We are in an era of guilt until proven innocent. By the time you win your case. You can only file suit to gain anything because your reputation is gone. I have no faith in Judge lawless.
 
#219      

skyIdub

Winged Warrior
He's not wrong and with a weak case like this. We are in an era of guilt until proven innocent. By the time you win your case. You can only file suit to gain anything because your reputation is gone. I have no faith in Judge lawless.

I'm trying to find a similar or parallel example? Dr. Death....Cardiologist? Captain Crash...airline pilot?
 
#221      
They would also have to prove Shannon was in that vehicle, which could probably be done with cell phone GPS records.
He was either in the vicinity of the bar at that time or he wasn't, which should be easy enough to answer with phone records. What does it matter what time he got home?
 
#223      
Item 14 in the affidavit from detective Josh Leitner says "The video also showed a person identical to Shannon off camera in the same area where <victim's name redacted> was off camera."

If it were as obvious as TSJ being on the trip home at the time the incident occurred, I'm sure that would be a major point of emphasis from TSJ's attorneys. Perhaps Hobson meant they left at 4:30am, or was mistaken about the time of arrival.
Ha yeah I know.... though am having trouble reconciling the notion of a video depicting someone (or anything, for that matter) "off-camera".
 
#224      
Item 14 in the affidavit from detective Josh Leitner says "The video also showed a person identical to Shannon off camera in the same area where <victim's name redacted> was off camera."

If it were as obvious as TSJ being on the trip home at the time the incident occurred, I'm sure that would be a major point of emphasis from TSJ's attorneys. Perhaps Hobson meant they left at 4:30am, or was mistaken about the time of arrival.
If they were both off camera. How do you know they were there and not somewhere else. Probably should be more clear if there was nowhere else to go.
 
#225      
This is a fantastic post
“No amount of time, in all likelihood, will reveal what really happened in that bar on that day at that hour”

So the security cam showing them at the time wouldn’t do it for you? What if the camera shows they never interacted, as TSJ filing alleges?
 
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