TSJ Thread

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#677      

Big Jack

Decatur
TSJ's legal team to call Big Jack to the stand...
Jack Nicholson You Cant Handle The Truth GIF
 
#678      

IlliniKat91

Chicago, IL
Potentially. The affidavit that was posted was signed on October 4th and the official charging documents were filed December 5th. Don't know if any what evidence the DA got between those dates.
Lawyers of Loyalty, wouldn't this be illegal and possibly cause for a mistrial? My understanding is that the prosecution must hand over anything they have in a reasonable time after receiving it so the accused's legal team can mount an adequate defense.

No Perry Mason moments in an actual courtroom, right?
 
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#679      
TSJ's attorneys filed an amended/supplemental memorandum in support of the Motion for a TRO. They point to the recent case of Pop Isaacs at Texas Tech. Isaacs was allowed to practice and play while Texas Tech's Title IX office investigated the allegations of sexual misconduct of a minor (it's alleged Isaacs had sexual intercourse with an intoxicated 16-year-old while in the Bahamas for the Battle 4 Atlantis. I wasn't aware of this before, but here's an article: https://www.everythinglubbock.com/n...inst-texas-tech-basketball-player-pop-isaacs/

TSJ's lawyers also point to the case of State of Ohio v. NCAA in which the State of Illinois (along with several other states) sought a TRO to enjoin the NCAA from enforcing the "Transfer Eligibility Rule," and argued that athletes subject to the "Transfer Eligibility Rule" will suffer immediate and irreparable harm by continuing to be barred from competing and risking ineligibility. This supports the argument for a TRO because TSJ will likewise suffer immediate and irreparable harm if not allowed to play.

Some good arguments being put forth by TSJ's legal team, IMO.
 
#680      

drsmitty74

Rochester
A majority of us on here appreciate all the info you guys provide. We know you guys don't have to share anything, but choose to anyway. It just sucks when we lose out on potential info because of trolls or bigotry. Thank you for your info :hailtotheorange:
I don't think we are "losing out on info". Nothing new for them to tell us. Lville said he'd be back when there was anything new to report.
 
#681      
Lawyers of Loyalty, wouldn't this be illegal and possibly cause for a mistrial? My understanding is that the prosecution must hand over anything they have in a reasonable time after receiving it so the accused's legal team can mount an adequate defense.

No Perry Mason moments in an actual courtroom, right?
Also curious what the lawyers say, but the prosecution has stricter requirements for disclosing evidence that could support the defense than they do in disclosing things relevant to their prosecution strategy. I won't claim to know the details of that though.
 
#685      
The number of posters commenting in these TSJ threads that I haven't seen commenting on basketball or football.....or other sports related threads. :LOL:

No doubt during commercial breaks of Real Housewives, Keeping up with the Khardasiwhatevers, Jersey Shore, Vanderpump Rules, and Catfish.
I’ve been on this board for 13 years and just because someone posts a lot doesn’t mean it contains any value.
 
#686      
Clubs must have changed a quite a bit since my partying days. Not saying crazy stuff never happened, but frequently?
I'm now a dinosaur, but no matter how much time has passed it's still a bunch of college kids (and apparently a few townies) out partying on the weekend at a campus bar. So, I don't think much has changed either.
 
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#687      
Also curious what the lawyers say, but the prosecution has stricter requirements for disclosing evidence that could support the defense than they do in disclosing things relevant to their prosecution strategy. I won't claim to know the details of that though.
I'm a civil lawyer, but my understanding is the Defense can make a demand for the Prosecution to turn over evidence. I don't know if that demand has been made in TSJ's case or if the Prosecution has turned anything over yet. Also, even without a demand, the Prosecution is required to turn over any material evidence that is favorable to the Defense. I'm not sure of the exact timing of when it has to be turned over, but it is certainly before trial.
 
#688      
If I'm on a jury, the lack of effort by police in finding/talking to other people who were at the bar, especially a specific individual identified by accuser as being near the alleged incident, communicates to me that LPD had little interest in discovering the truth of what occurred that night. It's as if they didn't want to know. How could I trust the investigation given this?
You shouldn't.
 
#691      
LMAO I make no excuse for conflating the two as I now practice labor law and use preponderance of the evidence as the standard in most of my disciplinary and contractually based arbitrations. They're closer together than reasonable suspicion and beyond a reasonable doubt, but as I mentioned earlier, my previous office only charged when we could prove BRD at the time of charging anyway, so I never skated by on just PC.
Unfortunately, filing just on PC was a common occurrence across regimes of many different States' Attorneys where I practiced. Even led to many calling us Makeup County.
 
#692      
Lawyers of Loyalty, wouldn't this be illegal and possibly cause for a mistrial? My understanding is that the prosecution must hand over anything they have in a reasonable time after receiving it so the accused's legal team can mount an adequate defense.

No Perry Mason moments in an actual courtroom, right?
Not at all. A preliminary hasn't even occurred and a trial is no where in sight. The prosecution is afforded more time to hand over discovery. It cab be handed over in piecemeal over a series of status hearings. Those items can be inclusive of things like the surveillance footage, hospital records, cell phone forensics, etc. It's actually a tactic used in many jurisdictions in order to bring about more angst and anxiety in defendents whether or not they're out on bond and cause them to plea.
 
#693      
A few thoughts I haven’t seen mentioned:

1. Judge Lawless almost certainly wont rule on the TRO on Friday. She will hear argument from both sides and then likely issue a written ruling next week. I’m just a lawyer on this forum, but I would be shocked if she granted the TRO, it’s a huge hurdle.

2. I’ve read the entire complaint and all exhibits as well as TSJ’s letter written after the panel upheld the suspenation. Here is my concern: no where does TSJ give his side of the story. He just says “I was there, with ___ people, and I am innocent.” On one hand, his lawyers have incentives to say as little as possible. On the other hand they are responding to direct allegations that he fingered her without consent. What I expected to see was him saying “I did not touch the woman” or “I kissed or only touched her over her clothes.” I really did think TSJ was “innocent“ leading up to his complaint filed with the court. But now that I’ve read it, I’m concerned that the most favorable situation here now is that he grabbed her butt under her skirt (which is the act leading to the lesser misdemeanor battery). He can’t exactly admit to doing that or the public would excute him (never mind his college career being over).

3. Did anyone else catch that TSJ’s complaint says the preliminary hearing wont be held for about 90 days? The initial hearing on the 18th will just be a read of the charge where TSJ pleads not guilty. Then we will wait 90 days for the hearing where the judge determines if there is probable cause to proceed.

All in all, I have little hope (legally) that this goes away before the end of the season.
90 days from arraignment to prelim is asinine. We have a county population close to that of Douglas County and had no difficulty in bringing cases to prelim within 2 weeks of arraignment.
 
#694      
Lawyers of Loyalty, wouldn't this be illegal and possibly cause for a mistrial? My understanding is that the prosecution must hand over anything they have in a reasonable time after receiving it so the accused's legal team can mount an adequate defense.

No Perry Mason moments in an actual courtroom, right?
I don't practice criminal law in Kansas but according to their criminal pro statute, I don't think they have an obligation to turn over evidence before a criminal case is filed and even then its upon request by the defense. If exculpatory evidence comes to prosecutors attention while criminal case is going on I think there is an obligation to turn that over.

 
#695      

Noblesville Illini

Nappanee, IN
I’ve been on this board for 13 years and just because someone posts a lot doesn’t mean it contains any value.
Buy stock in Dell, Trex, and Open. Don’t forget CRWD, Dash, DHI, intel, NOW, MCK, CRM, and name your firstborn after me if you buy TMC and wait a couple years to see how that turns out. :p:p:p:p:cool::geek:
Season 1 Stocks GIF by National Geographic Channel
 
#698      
A few thoughts I haven’t seen mentioned:

1. Judge Lawless almost certainly wont rule on the TRO on Friday. She will hear argument from both sides and then likely issue a written ruling next week. I’m just a lawyer on this forum, but I would be shocked if she granted the TRO, it’s a huge hurdle.

2. I’ve read the entire complaint and all exhibits as well as TSJ’s letter written after the panel upheld the suspenation. Here is my concern: no where does TSJ give his side of the story. He just says “I was there, with ___ people, and I am innocent.” On one hand, his lawyers have incentives to say as little as possible. On the other hand they are responding to direct allegations that he fingered her without consent. What I expected to see was him saying “I did not touch the woman” or “I kissed or only touched her over her clothes.” I really did think TSJ was “innocent“ leading up to his complaint filed with the court. But now that I’ve read it, I’m concerned that the most favorable situation here now is that he grabbed her butt under her skirt (which is the act leading to the lesser misdemeanor battery). He can’t exactly admit to doing that or the public would excute him (never mind his college career being over).

3. Did anyone else catch that TSJ’s complaint says the preliminary hearing wont be held for about 90 days? The initial hearing on the 18th will just be a read of the charge where TSJ pleads not guilty. Then we will wait 90 days for the hearing where the judge determines if there is probable cause to proceed.

All in all, I have little hope (legally) that this goes away before the end of the season.
His lawyer said that terrence had no interaction with the accuser at any point. What more do you want him to say?
 
#700      
The number of posters commenting in these TSJ threads that I haven't seen commenting on basketball or football.....or other sports related threads. :LOL:

No doubt during commercial breaks of Real Housewives, Keeping up with the Khardasiwhatevers, Jersey Shore, Vanderpump Rules, and Catfish.
Hey man! Happy wife, happy life am I…. Ok, yeah I’m suckered into wanting to know what happens with Tom and Tom. It’s a dark, sick, and addicting world. I’m optimistic I will stop one day though! 😂

I do comment on everything basketball though. I just took offense to Vanderpump Rules being on your list. Promise there are a lot of us watching that crap! Haha

Season 1 Episode 3 GIF by Rick and Morty
 
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