TSJ Thread

Status
Not open for further replies.
#126      
The news broke literally a week ago. He's charged with a major crime, and while it seems to be a popular opinion that he didn't do it, that doesn't change the fact that it's been a week since he turned himself in for it. The idea that something like this clears up in a week is just silly.
You Get Me Yes GIF by Tristen J. Winger
If this clears up before March consider it a miracle.
 
#127      
In this (and most all other) legal cases, there is...

The ‘Victim’s’ version of the truth.

The Accused’s version of the truth.

The DA’s version of the truth.

The strict legal/law/court system version regarding truth.

The ‘Fair-Minded Person’ version of the truth.

The ‘Not-Very-Fair-Minded’ version of the truth.

And then...

THE TRUTH.

Hope ‘The Truth’ wins out here.
Me too. Whatever the truth is and whatever the consequences are.
 
#128      
I've not read all the thread but I can't see a defamation lawsuit once this is all done against the accuser. Would would that net at tue end of the day if he is found not guilty or the charges are otherwise resolved favorably. Any such civil action (not a counter action) filed by Shannon would not occur before resolution of the criminal trial as I can't see any criminal defense attorney wanting a client to be subject to discovery and depositions while a criminal charge is pending. Plus a defmation lawsuit would be pretty moot if he was convicted.
1. The burden of proof in a defamation case is extremely high....unless Shannon can prove definitely that the accuser lied (very unlikely), I wouldn't expect this would happen. 2. Bringing a defamation case on shaky grounds opens a plaintiff up to an anti-SLAPP counter lawsuit which would make Shannon responsible for all of the accuser's legal bills.
 
#129      
So what you are saying is TJ has to prove his innocence before he can sue for being accused of something he did not do.

I thought he IS innocent until proven guilty.

I know things are turned upside down in this crazy new world, but is that still not the case?
I am way out of my field here but this seems like apples vs oranges. Criminal law vs civil law. Hey you lawyers, care to weigh in on this?
 
#130      
I guess the thing here is that the accuser is—if this is the case—getting her spite satisfied, regardless of what TJ may or may not have done. If her accusation is indeed false, she’s weaponizing the legal system. If TJ is eventually found not guilty, nothing happens to her yet profound injury has been done to TJ.

TJ is in a metaphorical prison already. He can’t go where he wishes, can’t do what he wants. He is prevented from associating with whom he wishes to. He’s suffering financial loss that cannot be reclaimed. He, in no uncertain terms, has been presumed guilty. And that in its own way is a crime.
 
#131      
So what you are saying is TJ has to prove his innocence before he can sue for being accused of something he did not do.

I thought he IS innocent until proven guilty.

I know things are turned upside down in this crazy new world, but is that still not the case?
Anyone can sue anyone at any time. Whether they should is another matter entirely. Kansas has very strong anti-SLAPP laws on the books.

"Known as the Public Speech Protection Act, it allows a party to move to strike a claim that is in response to “a party’s exercise of the right of free speech, right to petition or right of association.” "

"If the court grants the motion to strike, the defendant is entitled to recover attorney’s fees and court costs from the plaintiff. § 60-5320(g). A court may award additional relief, including sanctions, to deter future conduct by others. Id. However, if the court finds the motion to strike was “frivolous or solely intended to cause delay,” the court must award attorney’s fees and costs to the plaintiff. Id."

Kansas Anti-SLAPP law brief summary

There is precedent for a defamation suit filed without sufficient evidence falling well within the boundaries of this statute. So unless Shannon and his legal team have hard evidence proving that the accuser lied or concocted this whole thing, a defamation suit would be a really bad idea.
 
#132      
From TJs perspective, the most important things are staying out of jail, and once that is assured not ending up with a reputation hit that impacts a NBA career. Getting back on the floor for Illinois games would be at best a bonus. I'd like to see him back, but his lawyers do need to keep the bigger picture in mind. Just don't see how suing the alleged victim helps keep him out of jail or helps his professional career.

Sad depressing situation.
 
#135      

derrick6

Illini Dawg
Seattle
It won't be a false claim until proven otherwise. We can't have the accused suing the accuser while the criminal case is still pending.
Misread this earlier. I would think the presumption of innocence logically means the crime did not take place, presumably, until proven. The responsibility is on the accuser to prove it.

A counter suit would flip this responsibility, which potentially could allow a different path, maybe benefiting the original accused.

I find it hypothetically interesting with no experience in this type of thing at all.
 
#136      
1. The burden of proof in a defamation case is extremely high....unless Shannon can prove definitely that the accuser lied (very unlikely), I wouldn't expect this would happen. 2. Bringing a defamation case on shaky grounds opens a plaintiff up to an anti-SLAPP counter lawsuit which would make Shannon responsible for all of the accuser's legal bills.
Right. I didn't know that. I'm just trying to quell the calls for defamation lawsuit. It's extremely unlikely and would not serve to better his current situation.
 
#137      
#138      
This case is for UI student from Quincy...victim is 13 years old. Defense brought up Shannon case in court. Will be interesting to see how this one plays out with UI. Adams county will probably give him a slap on the wrist - his dad's a Dr. and that's how they roll.

https://muddyrivernews.com/top-stor...ity-if-it-will-still-take-him/20240106074936/

If it's the judge who made news in that part of the state for overturning a guilty verdict in a sexual assault case, there's a pretty good chance it will.
 
#139      

SKane

Tennessee
In addition to the other comments about the disadvantages of a defamation lawsuit, it is very possible that the woman would not have enough money available to pay a settlement or a verdict.
 
#141      
I guess the thing here is that the accuser is—if this is the case—getting her spite satisfied, regardless of what TJ may or may not have done. If her accusation is indeed false, she’s weaponizing the legal system. If TJ is eventually found not guilty, nothing happens to her yet profound injury has been done to TJ.

TJ is in a metaphorical prison already. He can’t go where he wishes, can’t do what he wants. He is prevented from associating with whom he wishes to. He’s suffering financial loss that cannot be reclaimed. He, in no uncertain terms, has been presumed guilty. And that in its own way is a crime.
The natives are already stirring the recall embers. You are already subject to a disciplinary action where sitting judges are lined up against you. Then you file charges four months after the alleged incident. Absent new evidence these deals are not like wine. They do not get better with age. Then no grand jury. You present it and if they return a true bill you are off the hook. No vote to indict even for a committed ideologue appealing to her public pronouncements all you have to say is I followed established protocol that has been around since Moses was a pup. I did what I could. When you deal with rational people who are experienced and good at their job, predictions are much easier and accurate. That is not what we have here. This did not pass the smell test from day one and still does not
 
#142      
In addition to the other comments about the disadvantages of a defamation lawsuit, it is very possible that the woman would not have enough money available to pay a settlement or a verdict.
True enough & that's why if it was my case I would sue the bar (who does have plenty of insurance) for allowing an underage person to be in it. You would go ahead & add the girl to the lawsuit to obtain any medical records which might show blood work to see about alcohol content. This would allow you to take depositions of the bartender, servers, or doorman along with putting her on the record under oath..
 
#143      
It won't be a false claim until proven otherwise. We can't have the accused suing the accuser while the criminal case is still pending.
Again, not sure that's how it works. The lawsuit can happen at any time, the evidence/trial occurs later.

Looks like this has been addressed already.
 
#146      
True enough & that's why if it was my case I would sue the bar (who does have plenty of insurance) for allowing an underage person to be in it. You would go ahead & add the girl to the lawsuit to obtain any medical records which might show blood work to see about alcohol content. This would allow you to take depositions of the bartender, servers, or doorman along with putting her on the record under oath..
Not even close to a good idea.

Allows the bar owner to take TSJs depo - something his criminal lawyer would have a real problem with. And what are TSJs damages caused by the girl being underaged or intoxicated? None, unless you can perhaps convince a jury that that allowing underaged or intoxicated girls created an unreasonable risk of false sexual abuse charges against their customers, which I doubt. I mean how does being underaged have anything to do with the allegations against TSJ. The damages to TSJ are caused by the girl lying, not the bar serving alcohol to an underaged person.
 
#147      
So this might be what LVILLE was referencing a couple days ago when he said “something was in the works” appears TJs legal team thinks there’s some hope to get a temporary restraining order upheld for his return to the team. Article is on the news gazette website.
 

Attachments

  • IMG_0927.jpeg
    IMG_0927.jpeg
    1.1 MB · Views: 418
Status
Not open for further replies.