TSJ Thread

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#328      
I'm not sure average folks realize the day to day banality of some aspects of law enforcement and the legal system. Where people become cogs (or 'delta' and 'pi' in shorthand in file notes) and rushing to get a case to a prosecutor is the order of the day. Or slow walking if you don't want it to be charged. Plus you've got local unspoken rules and personal relationships and all the unconscious (or conscious) bias that occurs when day after day after day you only see the bad part of society and not the good, and it starts to color your overall worldview.

I would *never* have charged a case as flimsy as this. But I bet some prosecutors would, and have. I would have asked so many more questions, requested so many more follow-ups, and yes, I likely would have done it with the knowledge that this was not an 'ordinary' defendant, knowing full well that in other circumstances, again, prosecutors in the same position might not do the same due diligence.

Something ain't right here. And I hate to join in the speculation as much as anyone else but man...it's hard to defend anyone connected with the investigation and decision-making with regard to this criminal case.
Thank you for your summation. You sound like an experienced close relative of mine working on the other side of the justice system. As a PD he once said, "Everybody lies to me. The DA, the accuser, officer, and my client. I have to decide what to work with" I thought that was pretty funny.
 
#330      
Something has just seemed off about how this entire process has come down since it started. A dissonant intersection among a perhaps over-zealous school policy?... an over-zealous DA?... and an as yet undetermined motivation from an accuser.

U of I has a “zero tolerance for sexual misconduct”. Which is as it should be. But the key word is MISCONDUCT. Like, actual and legally established actual misconduct. Does the policy state that the school has a “zero tolerance for any and all alleged or purported sexual misconduct that has not yet been established by a court of competent jurisdiction with our right to deny an as-yet innocent person of their rights?”

As many have noted... to sideline a player because of an as-yet unsubstantiated charge seems a bit over-the-top. How is the institution ‘harmed’ by letting the player play until something substantial in terms of guilt has been ruled upon in a courtroom? It seems that an institution would be harmed more when it engages in a rush-to-judgment to possibly protect its public image or protect itself from being sued by an accuser while trampling over the rights of a yet innocent (by the law) person. Perhaps this ‘zero tolerance’ aspect will be seriously reviewed and amended by the U of I when the dust settles on this case and many lessons have been learned.

Look – all we want is real fairness all the way around. Fairness to the accuser. Fairness by the institution and by the court system. And fairness to the person who has been charged with a crime and whose ability to play the game he loves has been taken away. Not to mention living his own life as he intends.

What seems ‘off’ about this case is that some sense of fairness seems to be taking a back seat somewhere to public relations and possibly by agendas being acted out by others for purposes that have nothing at all to do with what happened one night in one town between two people in Kansas.

I’m not saying that as yet someone specific has done anything wrong in this process. At this point not enough has been publicly established... but only to say that perhaps it has been this process itself that needs a thorough looking over for ways to improve itself.

I’m not an attorney nor have I stayed recently at a Holiday Inn or Motel 6. But I do think I have a handle on fairness.
 
#331      
I’ll have to go find my post where I asked if there was a world where TSJ sued Illinois. I was told no.

But I’m not a lawyer so I guess I said “sue” but I meant challenge that his presumption of innocence or duty process ir what we is being violated.

Some entities operate on “preponderance of the evidence” rather than not “beyond reasonable doubt”.
You were told wrong. He can come back and use.
 
#336      
Haven't been able to keep up with everything (working for a living sucks), so if someone has offered this already my apologies...but do we really think the University will care if TJ wins the lawsuit? Seems like the best case for the University, pleases the no tolerance crowd in that you tried to suspend him & let's you push out any decision while the legal process plays out where you don't run into the situation where you are punishing an innocent person.
And acknowledge that their policy is garbage? Tough spot but my guess is they have their own interest and ego on the line and who is TSJ to challenge their authority?
 
#338      
unless Beckett, et al is doing this pro bono, try to imagine what his hourly rate , and the whole lawyer dream team is getting for this
I'll say the Beckett's (the family) are fairly generous to the community. They are good people. So who knows but I I like the fact he is involved.
 
#339      
Oh, without a doubt. Full-court press.
It should get to this level, I love the UofI, but there has to be more than what the Lawrence PD/DA have used to bring charges. I like Whitman, but needs to go back to the drawing board with the “autonomous” 3 person panel. Due process is due process. This reminds me so much (and I realize it is criminal vs illigal payments) of Dean 34 years ago. When will the UofI stand up and say it’s not enough? He is innocent until proven guilty. There is no “smoking gun” here just one accuser vs an entire bar full of people. The DA can’t find one witness (or in today’s world video) showing them in proximity? Yet the UofI’s precious reputation is more important than his whole future?

So what if he plays and is found guilty do what UNC should have done in 2005 vacate the wins. On the other hand let’s suspend him and cost him millions based (at least on what is public now) very suspect evidence. Yep I can see why he needs to be suspended and still remain in Champaign in classes as he is such a threat. This stinks, if you think I have zero sympathy for a female who is assaulted you’re missing the point. Her time in court will come, TSJ can not regain the next 6 months which will have enormous effects on the rest of his life.
 
#342      
Regardless of the outcome, Judge Lawless is excellent. I would expect a detailed ruling from her and I would not expect it to take a long period of time.
She's not excellent and I am still worried that she will deny the TRO based on her passed positions. She was mainly in family court in Springfield and then got a favor and was appointed to family court judge. She is by no means excellent. I have seen her paperwork as well. It was sloppy as it could be in family court and while a judge.
 
#344      
Something has just seemed off about how this entire process has come down since it started. A dissonant intersection among a perhaps over-zealous school policy?... an over-zealous DA?... and an as yet undetermined motivation from an accuser.
It puts their student athletes at the mercy of every DA and prosecutor in the entire world. That is wrong - I've said that from day 1. It's why the policy is garbage.

How everyone can't see this as obvious is mindboggling.
 
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#345      
If the restraining order fails does that create precedent to destroy teams using criminal accusations knowing that “code of conduct” policies always error on the side of “zero tolerance.”

The rabbit hole that would create has the potential to really do horrible things to people and teams.
No, he can fight and win. Then he can sue.
 
#346      
She's not excellent and I am still worried that she will deny the TRO based on her passed positions. She was mainly in family court in Springfield and then got a favor and was appointed to family court judge. She is by no means excellent. I have seen her paperwork as well. It was sloppy as it could be in family court and while a judge.
I am a lawyer, and this reminds me of a truism our older namesake partner once told me when I was a young associate - that fairly often, the worst lawyer in the courtroom is the judge.
 
#347      
It should get to this level, I love the UofI, but there has to be more than what the Lawrence PD/DA have used to bring charges. I like Whitman, but needs to go back to the drawing board with the “autonomous” 3 person panel. Due process is due process. This reminds me so much (and I realize it is criminal vs illigal payments) of Dean 34 years ago. When will the UofI stand up and say it’s not enough? He is innocent until proven guilty. There is no “smoking gun” here just one accuser vs an entire bar full of people. The DA can’t find one witness (or in today’s world video) showing them in proximity? Yet the UofI’s precious reputation is more important than his whole future?

So what if he plays and is found guilty do what UNC should have done in 2005 vacate the wins. On the other hand let’s suspend him and cost him millions based (at least on what is public now) very suspect evidence. Yep I can see why he needs to be suspended and still remain in Champaign in classes as he is such a threat. This stinks, if you think I have zero sympathy for a female who is assaulted you’re missing the point. Her time in court will come, TSJ can not regain the next 6 months which will have enormous effects on the rest of his life.
I'm guessing they don't have anything else. Off camera in the same area. I'm also thinking about how someone does this with their finger with someone who hasn't opened their legs up for it. This is definitely fishy.
 
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