TSJ Thread

Status
Not open for further replies.
#79      
To
I'm growing tired of the legal debates. Can we just sit and wait for more news?
To me its not about the legal debates or even if tsj is innocent which I believe he is. If he is out on bail for a felony warrant this or any university won't allow him to play, period. Even if they know he is innocent. He unfortunately is treated guilty until proven innocent as far as playing hoops is concerned.
 
#80      
I am an attorney and I’m very much presenting facts. The term in Kansas is called “rape by fraud”. Numerous scenarios have been prosecuted.

The cases that I am familiar with the misrepresentation was more material than what appears to be in this case but still the argument is essentially “rape by fraud” or “rape by a misrepresentation”. And if you don’t think that is a real thing then there are people in prison in Kansas who disagree with you.
Interesting. So a woman can decide it's rape if anything they were told was false? That seems hard to believe. A lot dates that start on a dating site or one night stands that started in bars involve misrepresentations of all kinds.
 
#81      
To

To me its not about the legal debates or even if tsj is innocent which I believe he is. If he is out on bail for a felony warrant this or any university won't allow him to play, period. Even if they know he is innocent. He unfortunately is treated guilty until proven innocent as far as playing hoops is concerned.

I don’t disagree with you, and under the usual circumstances I couldn’t see the University allowing an athlete to play with a felony rape charge hanging over his or her head. But where I have a shred of doubt with this assertion is the fact that the three-tiered program that addresses such incidents has a tier that expressly addresses the fairness and due process of what happens when an athlete’s suspension falls during the season and before the legal process can fully play out. Whitman specifically addressed this in his news conference.

Now, I’m not saying TSJ will or even should be cleared to play. I’m just pointing out that the University has created a system which, in theory, considers the fairness of witholding an athlete who under the law is presumed innocent until proven guilty.
 
#82      
He's innocent, oh maybe he isn't, wait he's innocent, oh crap maybe he isn't......
 
#83      
Been reading all your guy’s thoughts, just curious as to when that panel will meet to decide over TJs suspension, and if any information has been found over what that decision might look like?
 
#84      
Been reading all your guy’s thoughts, just curious as to when that panel will meet to decide over TJs suspension, and if any information has been found over what that decision might look like?

By the wording of the policy, the panel had to meet within 48 hours of the notice of suspension. TSJ was notified Wednesday morning and the official written suspension was handed to him that afternoon. So the panel would’ve been required to convene by Friday afternoon. However, TSJ could request a delay in that meeting. We have no idea whether he did or didn’t.

Presumably, the council wouldn’t make a decision on the spot and the members will confer with each other before doing so. It’s unclear how this being the weekend followed by a holiday on Monday will affect that. Any idea of what the panel’s decision might look like is purely speculation at this point.
 
Last edited:
#85      
I’ll add one thing: Those expecting something to change on the January 18th court date are going to be disappointed. In this hearing, the judge will simply read the charges and TSJ will enter his plea. There will be no evidence presented nor explanations provided. It’s merely the first step in a long legal process.
Cue the My Cousin Vinny scene, ‘sounds like you wish to skip the whole process and go straight to trial’. Paraphrasing.
 
#86      

IlliniKat91

Chicago, IL
Been reading all your guy’s thoughts, just curious as to when that panel will meet to decide over TJs suspension, and if any information has been found over what that decision might look like?
No clue on when they'd meet, but I'd have to imagine that JW wouldn't bring it up as a possibility if he weren't hopeful it might happen.
 
#87      
GIF by Groundhog Day
 
#88      

DeonThomas

South Carolina
To explain the legalities a little, the prosecution (and alleged victim) is potentially arguing that consent under false pretenses is not consent. This is a legitimate legal argument. The strength of that argument is what is debatable.
I find it incredulous that someone's job, salary, background, education, upbringing, credentials, status or net worth even comes into play in situations such as this.
 
#90      
To

To me its not about the legal debates or even if tsj is innocent which I believe he is. If he is out on bail for a felony warrant this or any university won't allow him to play, period. Even if they know he is innocent. He unfortunately is treated guilty until proven innocent as far as playing hoops is concerned.
I would certainly agree with this.

BUT - would they let him practice with the team? Continue to prep for his (potential) pro career? Just thinking out loud
 
#91      

Tacomallini

Washington State
I would certainly agree with this.

BUT - would they let him practice with the team? Continue to prep for his (potential) pro career? Just thinking out loud
My interpretation of JW's presser is no, he won't be able to practice with the team - suspended from team activities; but he will be able to train on his own and have access to facilities, training staff, etc.
 
#92      
My interpretation of JW's presser is no, he won't be able to practice with the team - suspended from team activities; but he will be able to train on his own and have access to facilities, training staff, etc.
This is huge for him. Hopefully he doesnt let this slow him down. Kid need to be at his prime for at least the NBA draft/combine.
 
#93      
New and a Lurker since the beginning. Having been involved with prosecutions as a Fed on state/ federal levels, I thought I’d weigh in on the charges brought by the DA. If we felt strongly about the serious felony charge, we would not accompany it with a much lesser misdemeanor charge and allow a jury the opportunity to forego the felony and find on the misdemeanor.
Interesting.
 
#95      
Over/under on this thread getting shut down? 2 hours
That's 2 hours too long. Honestly, if people want to debate law, open up a new thread entitled "Kansas State Law". It's getting outside of the TSJ discussion and dovetailing into a pi$$ing contest of who knows more.

Let's go with the 0040 and our other insiders who bring legitimate value as to where everything sits.
 
#97      
New and a Lurker since the beginning. Having been involved with prosecutions as a Fed on state/ federal levels, I thought I’d weigh in on the charges brought by the DA. If we felt strongly about the serious felony charge, we would not accompany it with a much lesser misdemeanor charge and allow a jury the opportunity to forego the felony and find on the misdemeanor.
That's why this thing smells so fishy. Personally, I think the felony charge might be there just to push them to plead to the misdemeanor. Not sure they really have a case on either.
 
#98      
... what is absolutely possible is that the accuser had 2nd thoughts after the encounter and is now claiming non-consent after the fact.

If one claims non-consent after the fact... that is a dangerous road to go down. And the likely doom to relationships as we have known them if that kind of claim is in fact ruled that way by a court. Anyone could claim this 'second-thoughts' approach at any time even years later and falsely accuse another person of an act (intent) they didn't actually do (if the encounter was consensual in the moment) but yet have a person's life ruined unfairly.

How could anyone 'prove' innocence or guilt when there is no way to ever demonstrably prove after the fact what each party was thinking in the heat of the moment?

This whole thing seems to come down to what is on one person's mind at a given moment in time-- and how a second person divines the answer to that and responds to that. As we know, sometimes that is clear as day. 'No means no', etc. But other times that interaction and the motivations behind it are just not clear even between the two parties. And impossible to prove. So if it can't be proven later... how can there be legal consequences for something you can't ever prove? Good luck for anyone who is not psychic to ever be able to determine that with certainty. You can clinically work to prove whether an act did or did not occur... but you can never definitely prove what was on a person's mind or what their motivation was at any given moment.

And in this case, if she 'thought' he was someone else and later found out he wasn't -- how can you convict someone of 'not being someone else'. Even if he lied about who he was... he would just be guilty of being a liar. Or was the 'act' between them... whatever it was... totally transactional in that, 'I will consent but only given your representation of being who I think you are... plus my right to change my mind about the nature of the encounter'. Huh?! Is this where the future of relationships is going? As I said once before... getting anywhere near another person is going to require a lengthy legal contract pre-signed by both parties in the presence of a Notary and likely with lawyers on both sides present. And maybe videos for possible future litigation.

I hope athletes and parents and coaches and mentors are going to play close attention to where this case (and others like it) are going. And that young people think long and seriously about the relationships they get in to -- and why.
 
#99      

IlliniKat91

Chicago, IL
I find it incredulous that someone's job, salary, background, education, upbringing, credentials, status or net worth even comes into play in situations such as this.
There's a reason people joke about baby daddies being made during All Star weekends, or why the Viagra Triangle is known by those on the dating scene in Chicago. Some folks only want a certain kind of partner and some of their criteria seems incredibly shallow (and nonsensical) to the rest of us, and some of them may be pissed enough to find it they were lied to that they carry things this far
 
Status
Not open for further replies.