TSJ Thread

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#152      

Big Jack

Decatur
I wanted to post on the previous two threads but both closed before I could comment. I find it very troubling that so many people are okay with TSJ being suspended without due process. My first instinct is that he doesn't seem like the guy to do this. Of course I don't know him personally and could be wrong BUT the DIA does not make legal conclusions but is nevertheless willing to punish him subject to a later determination. I don't buy the argument that he is not being harmed by the University suspending him. Regardless of financial implications of NIL and his NBA prospects he is harmed in not being able to play college basketball. That is no small thing! Other than claiming his innocence, I don't know if TSJ has mounted a defense and probably has not made much public in that regard (nor should he prior to an actual trial). If TSJ broke a specific team rule then the University is justified in suspending him. If they are just suspending him because of a charge against him then I say no way. Even this is elevated from the initial phase of an allegation, it only is elevated to the level of credible allegation based on the available evidence. As an example it could have been reported that the accuser had a witness that corroborates the story...... then it is later discovered this same witness previously conspired to blackmail somebody? None of us knows for sure. If this woman is telling the truth then I praise her courage m If she is lying I hope she pays a huge price. If TSJ did this I hope he is held accountable. It's possible that if the goes to a jury trial that the jury gets it wrong. Convicts an innocent man or let's a guilty man go free.... but the best we can hope to do is give due process.... that is not what is happening here. There is a reason we require guilt beyond a reasonable doubt for criminal charges. Can you imagine going to prison for a crime you didn't commit because a jury believed an accuser even though there was no direct physical evidence that you committed the crime? Innocent until proven guilty has become a fantasy anymore.... I will accept whatever outcome results from a fair due process..... punishing somebody before this occurs (and make no mistake, that is what is occurring) is wrong .... at worst the alleged perpetrator would be free to live his life until found guilty by a jury of his peers ....
I agree with everything you have said here and I will add to it..

Why is the accused parties name always made public but yet the accuser gets to hide behind curtain number 1.. It is okay to ruin the accused persons life over possibly a false report? But if the charges are dismissed the accuser suffers no consequences? This part of our legal system is not right in my opinion. If one gets to keep their name out of the press and off of the internet then both parties should.
 
#153      

Big Jack

Decatur
Sounds like the perfect acronym for when someone asks a question that has been answered 100 times earlier in the thread.

YSTR = You Should Try Reading before you ask.
Kenan Thompson Reaction GIF by Saturday Night Live
 
#154      
I wanted to post on the previous two threads but both closed before I could comment. I find it very troubling that so many people are okay with TSJ being suspended without due process. My first instinct is that he doesn't seem like the guy to do this. Of course I don't know him personally and could be wrong BUT the DIA does not make legal conclusions but is nevertheless willing to punish him subject to a later determination. I don't buy the argument that he is not being harmed by the University suspending him. Regardless of financial implications of NIL and his NBA prospects he is harmed in not being able to play college basketball. That is no small thing! Other than claiming his innocence, I don't know if TSJ has mounted a defense and probably has not made much public in that regard (nor should he prior to an actual trial). If TSJ broke a specific team rule then the University is justified in suspending him. If they are just suspending him because of a charge against him then I say no way. Even this is elevated from the initial phase of an allegation, it only is elevated to the level of credible allegation based on the available evidence. As an example it could have been reported that the accuser had a witness that corroborates the story...... then it is later discovered this same witness previously conspired to blackmail somebody? None of us knows for sure. If this woman is telling the truth then I praise her courage m If she is lying I hope she pays a huge price. If TSJ did this I hope he is held accountable. It's possible that if the goes to a jury trial that the jury gets it wrong. Convicts an innocent man or let's a guilty man go free.... but the best we can hope to do is give due process.... that is not what is happening here. There is a reason we require guilt beyond a reasonable doubt for criminal charges. Can you imagine going to prison for a crime you didn't commit because a jury believed an accuser even though there was no direct physical evidence that you committed the crime? Innocent until proven guilty has become a fantasy anymore.... I will accept whatever outcome results from a fair due process..... punishing somebody before this occurs (and make no mistake, that is what is occurring) is wrong .... at worst the alleged perpetrator would be free to live his life until found guilty by a jury of his peers ....
"it is better 100 guilty Persons should escape than that one innocent Person should suffer".

- Benjamin Franklin
 
#155      

illinifan31

Former Krush Cow
South Bend, IN
Optimal target total DNA for the amplificatipn is usually around 1.5 nanograms of DNA. We can get full single source profiles from much less than that. Think picograms.
Damn that's wild. And here I am, won't sequence anything under 90ng input material lol. So you can understand why I doubted haha.
 
#156      
I'm a firm believer that the accused and accuser should remain confidential until the accused is incarcerated or actually going to trial. A very dear friend of mine is a male PE teacher (28 years in the school system). About three years ago, a parent (single mother, low-income, uneducated, 3 children in special education for behavior disorders) blasted him on Facebook for being inappropriate around children. It was on a community forum, and while there was no merit to her accusations, a large number of people commented sharing similar experiences with different teachers all over the country.

While the accuser eventually changed her story (it turned out her son overheard the teacher say a swear word while joking with another teacher), his reputation was shot. People didn't look at him the same way. He ended up resigning, moving away, and now works for a consulting company. I asked him why he didn't stick it out after it came out that everything was BS, and he said, his daughter used to have friends over every weekend. Now the parents won't let them come over unless there's an extra adult. It's just too much to walk through a grocery store and see people he's known for decades look at him differently because of a swear word---which turned into stories about (other) teachers molesting children.

That's not to say he didn't have his supporters- he mostly definitely did. But it wasn't enough for him to stay. I kind of wonder if the same will hold true for TSJ- people tend to only read the negative.
 
#161      
It's not just her story. Her friend has likely provided a statement that TSJ was there and the one who her friend says touched her. It may be flimsy, but it'd be considered enough to corroborate the story and move forward.
i know i saw that her friends testimony was literally that she didn't see anything, only what the alleged victim told her happened.
 
#163      

1m4tr

Cliffmas
Starting with the original "TSJ suspended" thread, which has subsequently been named simply "TSJ Thread", this is the 11th in the series.

Each one has it's own flavor. They tend to open with a new train of thought which follows through to the inevitable "lock" icon. This one appears to be all about DNA.

south park cartman GIF
My reference to it being the 5th was because I had set the O/U at 3.5 more TSJ threads last week when there was more optimism of him returning earlier.
 
#164      
I wanted to post on the previous two threads but both closed before I could comment. I find it very troubling that so many people are okay with TSJ being suspended without due process. My first instinct is that he doesn't seem like the guy to do this. Of course I don't know him personally and could be wrong BUT the DIA does not make legal conclusions but is nevertheless willing to punish him subject to a later determination. I don't buy the argument that he is not being harmed by the University suspending him. Regardless of financial implications of NIL and his NBA prospects he is harmed in not being able to play college basketball. That is no small thing! Other than claiming his innocence, I don't know if TSJ has mounted a defense and probably has not made much public in that regard (nor should he prior to an actual trial). If TSJ broke a specific team rule then the University is justified in suspending him. If they are just suspending him because of a charge against him then I say no way. Even this is elevated from the initial phase of an allegation, it only is elevated to the level of credible allegation based on the available evidence. As an example it could have been reported that the accuser had a witness that corroborates the story...... then it is later discovered this same witness previously conspired to blackmail somebody? None of us knows for sure. If this woman is telling the truth then I praise her courage m If she is lying I hope she pays a huge price. If TSJ did this I hope he is held accountable. It's possible that if the goes to a jury trial that the jury gets it wrong. Convicts an innocent man or let's a guilty man go free.... but the best we can hope to do is give due process.... that is not what is happening here. There is a reason we require guilt beyond a reasonable doubt for criminal charges. Can you imagine going to prison for a crime you didn't commit because a jury believed an accuser even though there was no direct physical evidence that you committed the crime? Innocent until proven guilty has become a fantasy anymore.... I will accept whatever outcome results from a fair due process..... punishing somebody before this occurs (and make no mistake, that is what is occurring) is wrong .... at worst the alleged perpetrator would be free to live his life until found guilty by a jury of his peers ....
I get what you are saying, but just wanting to clarify some things. "Due process" is a legal term in this sense. Due process is not legally required in every situation. TSJ is guaranteed due process by the Constitution in criminal proceedings, and while people may disagree with how it's going, he is getting due process, including the presumption of innocence in the criminal proceedings.

However, one of the big arguments regarding the TRO is whether TSJ is entitled to due process by the University. If he isn't, then the University can pretty much make whatever decision it wants, with whatever process it wants. For an example, in most cases, a person is not entitled to due process in regards to being let go from their job. Therefore, an employer can generally fire a person for any non-discriminatory reason.

I am not experienced or informed enough in this specific area of law to say whether he has a good argument for being entitled to due process from the University or not. But just wanted to point out that he may not be.

He is without a doubt entitled to due process in the criminal case (which he is getting), including being presumed innocent. But again, that does not extend to the court of public opinion, for better or worse.
 
#165      
i know i saw that her friends testimony was literally that she didn't see anything, only what the alleged victim told her happened.
She said she didn't see the incident occur because she was talking to other people at the bar at that time, but she did see "the male" (and later ID'd him as TSJ from pictures) and did observe the people around him (including a KU basketball player she recognized at the time) as the accuser moved towards him.
 
#166      
I get what you are saying, but just wanting to clarify some things. "Due process" is a legal term in this sense. Due process is not legally required in every situation. TSJ is guaranteed due process by the Constitution in criminal proceedings, and while people may disagree with how it's going, he is getting due process, including the presumption of innocence in the criminal proceedings.

However, one of the big arguments regarding the TRO is whether TSJ is entitled to due process by the University. If he isn't, then the University can pretty much make whatever decision it wants, with whatever process it wants. For an example, in most cases, a person is not entitled to due process in regards to being let go from their job. Therefore, an employer can generally fire a person for any non-discriminatory reason.

I am not experienced or informed enough in this specific area of law to say whether he has a good argument for being entitled to due process from the University or not. But just wanted to point out that he may not be.

He is without a doubt entitled to due process in the criminal case (which he is getting), including being presumed innocent. But again, that does not extend to the court of public opinion, for better or worse.

Here is the problem, and it's a problem created by the legal system.

Due process is only NOT extended in all situations involving goverment-supported institutions because judges have decided it doesn't apply. Constitutional rights, which pre-exist and sit above the law, have systemically been ignored or gutted to favor exercise of government power over individual rights.

So you are correct to say due process only applies to areas where the law states it applies, but that's a political phenomenon of 20th century politics.
 
#167      
How about from underwear? She told the investigator he put his hands inside her underwear at the leg opening. The underwear were collected as evidence at the hospital.
Ah, I was not as informed on this info. Could be possible to pick him up on the underwear that way. We routinely swab wristbands, cuffs, elastic, etc for touch DNA in these scenarios.
 
#169      
She said she didn't see the incident occur because she was talking to other people at the bar at that time, but she did see "the male" (and later ID'd him as TSJ from pictures) and did observe the people around him (including a KU basketball player she recognized at the time) as the accuser moved towards him.
Unfortunately, the public is lacking some key testimony here, and here is my issue with the whole thing. The accuser stated the assault occurred behind her so she could not know the assailant in a dark crowded bar. If the witness didn't see anything other than that TSJ was on the other side of the room that she was walking towards all she would really be able to testify to was that he was in the vicinity (and perhaps waved her over) riggt before it allegedly happened and the demeanor of her friend afterwards. Just because a person could be identified as being in the vicinity of a victim isn't proof they did it.

I mean there really has to be more here, because even when taking the accuser at their word as to what happened, all you have in this case is nobody including the victim seeing who committed the assault and TSJ was a memorable person in close proximity. That'd be the case. And granted, the US has a pretty long history of arresting people for being at the scene of the crime with no other evidence, especially when they're black, but that's not actually indicative they committed the crime. In fact, if it's indicative of anything it's of a much higher chance of the police making a wrongful arrest.

A similar example of this is you and a friend went to a Taylor Swift concert and your friend was given a backstage pass. Near the end of the concert you saw your friend backstage from the crowd, and Taylor walking offstage in that direction. While you can place Taylor in the vicinity of your friend, that isn't quite proof that she gave your friend the hand job he claims she did when you meet up with him 2 minutes later. Could it have happened? It's possible- she was in the vicinity. But so was her bodyguard and her stage crew but they're a lot less memorable. It wouldn't be proof of anything other than her being there at the time of the alleged incident.
 
#170      

RichardKeenesCousin

Richard Keene's Cousin
Starting with the original "TSJ suspended" thread, which has subsequently been named simply "TSJ Thread", this is the 11th in the series.

Each one has it's own flavor. They tend to open with a new train of thought which follows through to the inevitable "lock" icon. This one appears to be all about DNA.

south park cartman GIF
I like GIFs threads more than DNA threads.
Its Always Sunny In Philadelphia Thumbs Up GIF by HULU
 
#172      
Ah, I was not as informed on this info. Could be possible to pick him up on the underwear that way. We routinely swab wristbands, cuffs, elastic, etc for touch DNA in these scenarios.
Kendrick implied some other males DNA was found on the underwear. One scenario that hasn’t got much traction is this is a tragic case of misidentification. Neither side is lying. I do find it hard to believe the DA would not be acting quickly though if the DNA wasn’t TJs.
 
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