I don’t think anyone is arguing that he’s more likely to get off through good publicity, just that good publicity could help with the NBA draft.If a public pressure campaign was an effective legal strategy, OJ wouldn't have walked.
Read her words. "Charging survivors and victims with a crime of false reporting " False reporting is knowingly and intentionally reporting a crime knowing it is false inducing law enforcement to act on it....or something close to that. By definition they are not survivors or victims they are liars using our criminal justice system to try and ruin someone's life. Make no mistake about what you are dealing with hereTo put District Attorney Valdez philosophy about prosecuting sexual assault cases into further context, here is a statement she made as published in The University Daily Kansan student newspaper shortly after she first won her August 20, 2020 Democratic primary election for the District Attorney of Douglas County, Kansas, which virtually guaranteed her ultimate election since no Republican candidate was running against her.
While working on a book about prosecutorial ethics, Valdez said she became concerned with how cases were being handled by current District Attorney Branson. “Probably the final straw was when he charged a few women with false reporting [sexual assault],” Valdez said. “Charging survivors and victims with the crime of false reporting is just not- you may not charge the underlying sexual assault, but you just don’t charge them with false reporting.”
I don't want to overstate a level of confidence I don't have because unless someone can think up an example, I don't think there's really precedent for this particular question.Now, do you think that there is anyone in a front office anywhere in the NBA who shares your speculative opinion? Do you think they'd change their mind?
My thought is you put out evidence that makes your client look good before the trial (who knows when) and before the NBA draft.
The knife thing or the hotel room shake down?If a public pressure campaign was an effective legal strategy, OJ wouldn't have walked.
Really? There's no precedent?I don't want to overstate a level of confidence I don't have because unless someone can think up an example, I don't think there's really precedent for this particular question.
But I don't think he's draftable with a felony rape charge over his head. And I find the idea that a perception among the basketball community that the prosecution is weak, biased, or unlikely to succeed changes that calculus to be wishful thinking.
I hope we don't have to test that hypothesis. But that's where my expectation is.
You have the best take on why a lot may not come out. Right now, Shannon can survive the status quo. Thrive, not so much. he's missing valuable opportunities to get on lists, such as the Wooden award. But if the evidence is weak and he has the proof, his legal staff may hold it to try to get a nondisclosable agreement with the "victim". If they put it out there, she has less to lose by moving forward.W
Which is why it never happens. If you are the Shannon camp you cannot take the chance unless you are 100% certain you win which is impossible. The first priority was playing the remainder of the season. That has happened and is not going to change. Second priority is the draft which is in June. Sometime between the end of the season, hopefully in April at the final four, and the draft this gets resolved and unfortunately for all the speculators it is going to get resolved in a way your unending curiosity will never be satisfied
At least one of those cases was really mishandled by the police and previous DA. They admitted to making up their mind against the woman right off the bat for poor reasons and maintained that bias throughout. There may have been enough conflicting evidence to complicate a sexual assault charge, but their case for a false report looked ridiculous.Read her words. "Charging survivors and victims with a crime of false reporting " False reporting is knowingly and intentionally reporting a crime knowing it is false inducing law enforcement to act on it....or something close to that. By definition they are not survivors or victims they are liars using our criminal justice system to try and ruin someone's life. Make no mistake about what you are dealing with here
Of a first round caliber player with an active charge for a major felony at the time of the draft? I'm unaware of other examples. Wasn't Pierre Pierce already in jail?Really? There's no precedent?
Was I not clear enough when I said "take this speculation with a boulder of salt"?You have speculated that the DNA test was positive. If you were shown a document from the lab that said it was negative, would you change your position?
Of a first round caliber player with an active charge for a major felony at the time of the draft? I'm unaware of other examples. Wasn't Pierre Pierce already in jail?
(Btw, because TSJ's NCAA eligibility expires at the end of this season, he is automatically registered for the 2024 Draft, and would be a free agent if undrafted. He can't wait for 2025.)
Was I not clear enough when I said "take this speculation with a boulder of salt"?
Maybe I don’t understand the line of reasoning being expressed here, but a criminal defense attorney is not going to negotiate with an accuser to reach a deal to drop charges in exchange for compensation. That’s called witness tampering. It’s very illegal.You have the best take on why a lot may not come out. Right now, Shannon can survive the status quo. Thrive, not so much. he's missing valuable opportunities to get on lists, such as the Wooden award. But if the evidence is weak and he has the proof, his legal staff may hold it to try to get a nondisclosable agreement with the "victim". If they put it out there, she has less to lose by moving forward.
He's got to decide what sort of long term damage he's willing to take on his reputation.
This makes me sad to read, but it's probably more right than wrong.I agree he probably won’t get drafted if this isn’t resolved before draft day. The talent level in the NBA is so ridiculously good right now, there are more players qualified to play in the NBA than there are roster spots (see Hill, Malcolm).
If a guy has the potential to be an all star or a franchise type player like Brandon Miller, I think the NBA is willing to look past some conduct issues. But I’m sure Charlotte did their due diligence and were comfortable with his character before drafting him. But for a guy who is likely to be a role player, the juice probably isn’t worth the squeeze. As an NBA GM, you can find a guy to fill a 3 and D spot, either FA, draft, G League etc that doesn’t have a felony rape charge.
And I don’t mean to poopoo TJ’s ability. I actually think he will thrive in the pace and space NBA if he can get there. Just that there are a lot of 6’6 wings who can shoot 35%+ from 3, more than there are roster spots for same.
Maybe I don’t understand the line of reasoning being expressed here, but a criminal defense attorney is not going to negotiate with an accuser to reach a deal to drop charges in exchange for compensation. That’s called witness tampering. It’s very illegal.
There’s a world of difference between civil law and criminal law. Short of a rare dismissal based on some kind of prima facie legal insufficiency, the district attorney will decide whether the case ever goes to trial or not.
Agreed. There are many such cases where third party mediators are involved behind the scenes, bag men, etc.This actually happens a lot. We would be very naive to think attorneys don't do things because they are illegal.
Possibly so, but doing things which will inevitably get them caught happens quite a bit less often.This actually happens a lot. We would be very naive to think attorneys don't do things because they are illegal.
Possibly so, but doing things which will inevitably get them caught happens quite a bit less often.
Divorce cases exist in their own tiny little world. A criminal defense attorney who seeks to buy the silence of complaining witnesses won't keep his license for long.That's why you don't get caught. Attorneys know the law and how to skirt it in many, many cases. Divorce attorneys are not to use criminal cases as leverage in the proceedings of their cases, but they constantly do it anyway. Never seen one get 'caught', although many threats of ethics violations blah blah blah, but that's as far as anything ever goes.
This actually happens a lot. We would be very naive to think attorneys don't do things because they are illegal.
Yes.You’re thinking civil law, where the defense can just throw money at the problem. There are no “mediators” here. The DA will decide to go forward or won’t. That’s how it ends.
I don't think he was a lottery pick to begin with because of his age. I think he can be a quality NBA player, but I don't think he was ever a lottery pick based on history. He was already considered "old," last year. He'll turn 24 right after the draft. Sadly, he may have played his way into the first round this year, and this whole thing has knocked him down a round.I agree he probably won’t get drafted if this isn’t resolved before draft day. The talent level in the NBA is so ridiculously good right now, there are more players qualified to play in the NBA than there are roster spots (see Hill, Malcolm).
If a guy has the potential to be an all star or a franchise type player like Brandon Miller, I think the NBA is willing to look past some conduct issues. But I’m sure Charlotte did their due diligence and were comfortable with his character before drafting him. But for a guy who is likely to be a role player, the juice probably isn’t worth the squeeze. As an NBA GM, you can find a guy to fill a 3 and D spot, either FA, draft, G League etc that doesn’t have a felony rape charge.
And I don’t mean to poopoo TJ’s ability. I actually think he will thrive in the pace and space NBA if he can get there. Just that there are a lot of 6’6 wings who can shoot 35%+ from 3, more than there are roster spots for same.
But in her own words on the District Attorney website, the very first thing that DA Valdez states is as follows:
Welcome!
As your district attorney, I am proud of our work to create a victim-focused approach . . .
Yes, I’m sure Rob Lang, Steve Beckett, Mark Goldenberg, Zoe Spector, Tom Horscroft, and Mark Sutter, all reputable attorneys at the top of their profession, with very lucrative practices where they represent thousands of clients, are going to risk all that, risk destroying the reputation they spent years building, risk disbarment, risk serious criminal charges, so they can act as facilitators of “bagmen” to sneak under the table payoffs to the central witness in a high profile case that’s getting national media scrutiny.
Don’t confuse the illegal antics of some Lionel Hutz ambulance chasing personal injury huckster, or some mobbed-up consigliere Saul Goodman type, that you might encounter on the bottom fringes of the legal business, with competent high-level criminal defense practice. Nobody is approaching the complainant with a financial settlement. That’s not how cases like this proceed, at all. Not even in central Kansas, which, from everything else we’ve seen so far, is clearly it’s own legal bizzaro-land.
Sure, criminal defendants try to bribe witnesses. They also send them death threats. Or worse. And it’s very illegal and prosecuted extremely aggressively. That’s not this case. You’re thinking civil law, where the defense can just throw money at the problem. There are no “mediators” here. The DA will decide to go forward or won’t. That’s how it ends.