TSJ Thread

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#251      
He's not wrong and with a weak case like this. We are in an era of guilt until proven innocent. By the time you win your case. You can only file suit to gain anything because your reputation is gone. I have no faith in Judge lawless.
Regardless if he’s right or wrong, the fact of the matter is there’s a clear misalignment in incentives between him and the University. The university is incentivized to uphold its reputation
 
#252      
Why hasn’t anybody there during the alleged incident corroborated the (alleged) victims account? Surely detectives talked to the female who TJ’s arm was around when it occured…. Or am I missing something.

This stuff is bizarre.
It’s probably fairly likely neither TJ or the alleged victim knew who that girl was, so no way to find her
 
#253      

skyIdub

Winged Warrior
Damn! You really do know a bunch of legal words. And if you were Bi-curious, IANAL.
FIFY....

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#254      
Are you saying that she may be mistaken about the identification of the perp or mistaken about the alleged act? I'd think that it would be hard to be mistaken about the alleged act.
I'm definitely saying she may be mistaken about who assaulted her, not about what happened. She may have mis-identifed him as the assailant. She went through pictures of the the various teams to identify who assaulted her. She he almost certainly saw TJ that night but was he truly the "perp?" She had her back to him, it was a crowded bar, supposedly there was another woman on TJ's arm at the time. There were other people there that could have done it, from what I've read.
 
#255      

danielb927

Orange Krush Class of 2013
Rochester, MN
This perfectly summarizes why some of us are so annoyed by some people lecturing us about the seriousness of the charge or that Illinois is a respected academic institution or that sexual assault victims didn’t receive justice 20 years ago … I’m not running for office! I’m not assembling a platform! I don’t care about anything but the facts in this case that we have available and whether or not they seem like enough to accuse TJ of such a serious offense. Personally, I think everyone here knows deep down that they do NOT seem like enough. And I’d wager some are doing some serious mental gymnastics and word salad just to painstakingly appear in a certain light on the *issue of sexual assault* or something, leading to condescending accusations that we are like “looking at this through O&B glasses.” 🙄

Each case is different. And so far, this case stinks to high Heaven. And nobody should be talked down to for coming to that (rather obvious IMO) conclusion here.

Let me try to say this without any word salad (brevity is not my strong suit): what I think is happening here is a classic case of "contextualizing" versus "decoupling" norms in argument. This is a concept I came across a year or two ago, and I see it so often now that I almost can't understand how I didn't realize it myself.

To define the terms, a quote (source):

Decoupling norms: It is considered eminently reasonable to require your claims to be considered in isolation - free of any context or potential implications. An insistence on raising these issues despite a decoupling request are often seen as sloppy thinking or attempts to deflect.

Contextualising norms: It is considered eminently reasonable to expect certain contextual factors or implications to be addressed. Not addressing these factors is often seen as sloppy, uncaring or even an intentional evasion.

In other words, where you think you're being reasonable by just talking about the case, others perceive your refusal to address the social context or implications outside TSJ as an evasion, or showing lack of care about sexual violence. When they try to rationalize that, bias is an easy explanation.

By contrast, you suggest that others are performing mental gymnastics, when in reality, they have an expectation that these issues also bear addressing as part of the debate. When you try to rationalize that, "trying to appear in a certain light" is an easy explanation.

I don't believe there's a right or wrong style. I do think that society has been moving more towards contextualizing styles of debate for most of my adult life (can't recall if that's discussed in the link). And I think online debate has amplified opportunities for this mismatch to manifest as mistrust or hostility. Heck, even these TSJ threads might be a good case study in debate across two norms.

Meanwhile we are all wearing Orange & Blue glasses. I respect that almost everyone here is doing their best to look around them, but we can't pretend like any of us are totally unbiased.
 
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#256      
Why hasn’t anybody there during the alleged incident corroborated the (alleged) victims account? Surely detectives talked to the female who TJ’s arm was around when it occured…. Or am I missing something.
To me, this is one of the biggest questions regarding the evidence.

IANAL, so, just me thinking out loud...do they have corroborating witness accounts, but the DA is holding their cards tightly for now and proceeding with the minimum needed to charge him? Did those interviews hurt their case, but the DA doesn't believe them since they are TSJ's friends, so they're leaving them out until forced to turn them over to the defense? Or did they simply not interview any other potential witnesses?
 
#258      
I would be shocked if #2 happens. Brad isn't just gonna override the court.
I don’t see the judge overriding Illinois. That would take some real guts. Is there someone out there who can take an educated guess at Terrance’s chances?
 
#262      

danielb927

Orange Krush Class of 2013
Rochester, MN
Great post and thanks.

Only place I'd quibble is the above paragraph. Morality and conscience and goodness are all relatively recent developments in human history. Further those developments are much easier in a society or group that is well-off and has most of their wants and needs fulfilled. In other words, the luxury to be nice and moral.

I think the base human desire is to survive and be a winner, more so than a good guy. In this way, I am pulling for TSJ in all aspects.

I don't know if this woman is lying, but I want her to be.
I don't know if the DA is crooked, but I want her to be.
I don't know if TSJ is innocent, but I want him to be.

It's no different than if this was happening to my brother. I'd want to believe him until proven guilty. And yes if this were happening to Hunter D. then I'd probably feel the opposite.

None of the above means I condone any bad behavior. I don't want any person assaulted, in any way. But when it happens, and there are so many unknowns, I am naturally going to side with my family, my team, my group first.

Thanks for the thoughtful response. That's a great point, and not one I'd considered. The desires to survive, thrive, and support the "in group" are certainly strong; I suppose that I would have unconsciously lumped those desires into the notion of "being a good person", but I think your delineation between those and the desire for moral goodness at a higher cognitive level is quite astute.
 
#263      
I don’t see the judge overriding Illinois. That would take some real guts. Is there someone out there who can take an educated guess at Terrance’s chances?
yeah I'm nowhere near well versed in this, but I would bank on the TRO being denied. but if it Is accepted, he's going to play, I'd be shocked if he didnt. I don't think it's a Pierre Pierce situation, because he pleaded down to a lesser charge, but was not fully cleared. he should have probably been kicked off the team once that happened.
 
#264      
Let me try to say this without any word salad (brevity is not my strong suit): what I think is happening here is a classic case of "contextualizing" versus "decoupling" norms in argument. This is a concept I came across a year or two ago, and I see it so often now that I almost can't understand how I didn't realize it myself.

To define the terms, a quote (source):
Sounds a lot like my company's corporate-mandated-for-all Unconscious Bias class!
 
#265      
Agree. The only thing being “off-camera” proves is you weren’t on camera. No way to prove what you were doing out of frame.
If you had video of TSJ entering the bathroom, for example, and then his accuser entered the bathroom before TSJ is seen leaving the bathroom, it doesn't prove what might have happened in the bathroom but it does show that they were both in relatively close proximity to one another for a period of time.

The prosecution isn't counting on this proving anything. It's merely one piece of their puzzle that they'll use to try to show TSJ had an opportunity to do what's been alleged.

Maybe the paranoid Illini fan in me is rearing it's ugly head Total Recall style, but I'm in the camp that this isn't quite as flimsy as many think it is. I've read that the uncorroborated testimony of the accuser in sex offenses is 49% of the required evidence needed for a conviction. In some cases/states it's the only evidence needed.

I, 21ChampaignSt, would have reasonable doubt, I think. But for TJ's sake, I hope this doesn't come to a jury trial because it could come down to who the jury believes and sympathizes with more.
 
#266      
This is why some of us are annoyed that anyone can think they have a crystal clear picture that this is all a fabricated event that never happened. You can’t know that. Do people sometimes make up false claims for some revenge or profit. Sure they do. But seemingly good people do bad things too. I have no problem with people saying he should be playing while this plays out, I don’t agree with that, but understand it.

Again, if there was overwhelming evidence that he didn’t do this we would be seeing that by now. It’s going to be his word against her word most likely.

If he wants to try and get back to playing basketball with the TRO that’s great but it’s not going to make this all magically disappear.
None of us here will ever know what “really happened” at the Hawk. But the witnesses who were present do. And it seems that only one of them (the accuser) saw groping and penetration. Not even the friend who accompanied her saw it.

So, what I am trying to say is that regardless of what “really happened,” any criminal defense lawyer with basic skills should be able to use the fact that not a single witness in a crowded bar can corroborate the accuser’s story to create reasonable doubt in the minds of jurors. It is perplexing that the DA filed charges on these facts.
 
#268      
She he almost certainly saw TJ that night but was he truly the "perp?" She had her back to him, it was a crowded bar, supposedly there was another woman on TJ's arm at the time. There were other people there that could have done it, from what I've read.
Where are you seeing that her back was to him? The language isn't the most precise, but I think it suggests she was facing him: "the male used one hand to pull her towards him...the male's hand was around behind her".

To me, the weakest part of that account is that she "was not sure which hand" performed the assault. I imagine a defense attorney could make that seem like she couldn't possibly know it was his hand if she didn't even know which of his hands it was. That doesn't make him innocent, and (IANAL) doesn't necessarily mean there isn't enough to charge him.
 
#269      

danielb927

Orange Krush Class of 2013
Rochester, MN
Sounds a lot like my company's corporate-mandated-for-all Unconscious Bias class!

Not exactly what I was going for, haha. I mean, yes, we all have bias and we are all trying to present ourselves in a light that seems persuasive... but that was more of a unifying point. What I really wanted to get across was a belief that the majority of all disagreements are, or at least start with, people just talking past each other based on different styles of debate and different worldviews.
 
#271      
yeah I'm nowhere near well versed in this, but I would bank on the TRO being denied. but if it Is accepted, he's going to play, I'd be shocked if he didnt. I don't think it's a Pierre Pierce situation, because he pleaded down to a lesser charge, but was not fully cleared. he should have probably been kicked off the team once that happened.

i want him to have not done this and i want him to not face these charges but until such time as he is no longer actively being charged with a crime i do not want him to play for my alma mater's basketball team

this whole situation sucks. there's no easy answers.
 
#272      
Where are you seeing that her back was to him? The language isn't the most precise, but I think it suggests she was facing him: "the male used one hand to pull her towards him...the male's hand was around behind her".

To me, the weakest part of that account is that she "was not sure which hand" performed the assault. I imagine a defense attorney could make that seem like she couldn't possibly know it was his hand if she didn't even know which of his hands it was. That doesn't make him innocent, and (IANAL) doesn't necessarily mean there isn't enough to charge him.
That was probably instructed because the whole things falls apart if she says he did this right-handed.
 
#274      
Why hasn’t anybody there during the alleged incident corroborated the (alleged) victims account? Surely detectives talked to the female who TJ’s arm was around when it occured…. Or am I missing something.

This stuff is bizarre.
You're missing the mindset of most in law enforcement that it's there job to gather evidence to support an arrest and close their case, not the other way around. You are giving way to much deference to the boys in blue. Anecdotal experience from a 1st degree murder case here in Central Illinois where the lead detective prepared no report detailing a conversation he had with my client's probation officer that he had a face to face meeting in their office, which just happened to be in California, and that was at a time of day where there was no way he could have been here at the time of the shooting.
 
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