From everything posted about the DA, even if the accuser decided to back out or refused to testify, the DA would continue. She appears to be on a crusade against sexual abuse of any kind under any circumstances.
TSJ Thread
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It's been discussed that the lesser alternative charge, while drastically lesser than the primary charge, might not be lesser enough for TSJ to plead out on.
Any thoughts on what acceptable reduced charges might look like?
Impersonating a football player by wearing his jersey? /s
Yes, it is possible the DA drops the charges, or just the felony higher charge. Though her track record doesn’t give me hope. (see https://amp.kansascity.com/opinion/opn-columns-blogs/melinda-henneberger/article283421963.html)
Honestly the only way I see this going away quickly is if the victim stops participating (see Patrick mahomes’ brother yesterday).
In the end the judge only has to find probable cause at the preliminary hearing. And as long as the victim is cooperating, I can’t see how that won’t happen.
Honestly the only way I see this going away quickly is if the victim stops participating (see Patrick mahomes’ brother yesterday).
In the end the judge only has to find probable cause at the preliminary hearing. And as long as the victim is cooperating, I can’t see how that won’t happen.
In my opinion, a simple battery charge not involving any sexual conduct would still allow him to play.
You raise a fair point. The Recruiting thread usually veers into food, bourbon, who reminds me of Larry bird by page 3 before getting back to the regularly scheduled nothing but speculation.
This is my fear too. She wouldn’t get a successful verdict but could easily drag it out past the end of the season (and possibly draft).
IlliniKat91
- Chicago, IL
Feels like we should be given bonus points for mostly staying on track here in that case
IlliniKat91
- Chicago, IL
Dropped out of law school, so nope. Mostly interested in hearing what the lawyers have to say
There has to be a deal in place. I have been hard on the DA but do have to back off that some. I have heard many posts referencing corruption. That is all speculation, and this thread has had several hundred pages of that.
I do not believe there is corruption here. Corruption requires a motive and it does not have to be financial. Mike Nifong ran with a bogus prosecution to appeal to a certain constituency he wanted to court for political purposes. He was even stupid enough to admit it, at least the motivation part. Here the DA ran on a platform largely the existing DA was not doing enough on sexual crimes prosecution. Ok, good for her. But Nifong put his case on front street. Plenty of TV, press conferences and microphones. That did not happen here. Look how Illinois learned of the charges. He was under investigation, they knew he had a lawyer, he gave an interview, so they decide to press charges they exercise some professional courtesy and let his attorney know and tell him arrange to surrender so we do not have to extradite. All low key. No soapbox and the DA should actually be applauded for that.
No, I think what you have is someone who might not be the most grounded individual out there, certainly inexperienced, possible competence issues with a fair sized ego thrown in. Not necessarily good. With corruption you normally can eventually figure out where the individual is coming from. I think we have a wild card.
The best shot for an early resolution here is a deal. Insiders have hinted they expect him back. They have even intimated a deal is in the works. I am going to take them at their word. But this is no ordinary deal and it is going to take time to hash it out.
It is almost impossible to bring a state court action for a wrongful prosecution. Too much immunity and protection at the state level, deserved are not. But as all attorneys and likely some others know there is something called 1983 out there. Ask Mike Nifong and Durham County, it was a nightmare. Now Shannon's lawyer may think he has a great 1983 case and can get a gazillion dollars from Douglas County. Some have mentioned an action against the accuser. Forget that, it might be dischargeable and even if not, I doubt the accuser is Warren Buffet. You do not spend the rest of your life chasing a pittance. 1983 is the elephant in the room. Problem is, Douglas County says go ahead and try the case, get your not guilty verdict and file your 1983 case and we will see you in 5 years. Meantime there is no way they dismiss the charges. Shannon could be retired by the time that is resolved.
But you better believe Douglas County does not want a 1983 knock at the door and someone is smart enough to realize that. I think everyone is looking for an out here. This was a flawed prosecution from day one and at this point, I think the powers that be are also smart enough to realize that. Plead to sexual battery as a misdemeanor? Not workable. Zero tolerance policy plus any time you plead guilty you have to establish a factual basis for the plea on the record. So Shannon has to testify to some sexual misdemeanor. No. Or the prosecutor can establish the factual basis and so can the defense attorney but Shannon has to go on record agreeing to it.
So plead guilty to some innocuous non-sexual misdemeanor should satisfy everyone. Of course you to find a factual basis for that too. Public intox? Disorderly conduct? Where there is a will there is a way.
I can’t stop myself either, but I think it confirms how passionate we all are about Illinois.
Agreed. If there are some plea talks ongoing this is very well what it could be. Battery vs the alternative listed in the charging document of sexual battery.
What misdemeanor did Nunn plead down to because he was still dismissed immediately?
illinifan31
Former Krush Cow
- South Bend, IN
This is literally the charge Nunn pleaded down to and he was immediately dismissed from the team.
The charge could be lowered without him pleading guilty though.
As sad as it is to say this, unfortunately, it won't matter to many people and especially rival fanbases. I think the Patrick Kane case was a good example of this, and that was an allegation that wasn't charged. The chants and boos while he was on the ice were very prevalent and that was even as he claimed his innocence more and more evidence came out that cast a ton of doubt on the accusation. And even after the charges were dropped, that response from other fanbases didn't go away for years. If TSJ comes back this year, he will be targeted hard by opposing fanbases, as will Illinois regardless. Even dropped charges likely won't fully stop it.
The truth is that even if TSJ were to be found not guilty, anything outside of full exoneration, he'll still have to live with the stigma.
Good point. And there Whitman stated:
“We have made the decision to dismiss Kendrick Nunn from the men's basketball team, effective immediately," athletic director Josh Whitman said in a statement. "We have not reached this decision easily; we care deeply about Kendrick and want him to be successful. But after extensive deliberation, we think it best for our program to reaffirm our core values of trust and respect, to send a strong message about what is acceptable behavior for our student-athletes at the University of Illinois and to part ways with Kendrick. As it is on college campuses across the country, relationship violence is of significant concern at our University, and we expect Fighting Illini student-athletes to be leaders in promoting healthy, respectful, caring relationships. We wish Kendrick all the best as he prepares for the next chapter of his life."”
Doesn’t bode well here unless it’s a much weaker misdemeanor.
Thank you for your sanity
Patrick Kane responded by leading the NHL in points and winning the league MVP.
illinifan31
Former Krush Cow
- South Bend, IN
Sure, just saying if he accepted a misdemeanor battery plea, he could very well still be dismissed.
Concerning Shannon having to agree to committing the charge if he pleas out, it is the law but I have always thought there should be some no contest way to do so. I don't do criminal law, but have had clients with criminal issues, and when the cost of competent defense will be $125,000 and you can plea for no jail time and a $25,000 fine, you have to weigh your reputation against $100,000 cash (if you even have it) and the risk of a conviction no matter how slight. I had a client in that situation, and he pled guilty and had to admit he committed a crime because he was retired (and he felt the charges had ruined his reputation whether he would ultimately be convicted or not). It is a tough position to be in, and why the prosecutor should not bring charges just because she has probable cause, but because she has evidence that she thinks could prove it beyond a reasonable doubt.
Nolo contedere? That really doesn't establish not guilty though.
Zero tolerance policy means dismissal
Ransom Stoddard
Ordained Dudeist Priest
- Bloomington, IL
I'm not sure it's this cut and dried. Kendrick Nunn was dismissed from the program for domestic battery, and TSJ's secondary charge was sexual battery (not simple battery).
Whitman said in his press conference is a zero tolerance policy for any sexual misconduct.
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