Lawyer types...Re: Rothlisberger

[Collier11]

Why do you think the girl would not pursue charges and then come out a few days later and say that He forced her into the bathroom and she told him no.

Is this a case of her wanting to get some $ off of him or is this a case of the DA not investigating thoroughly enough, it seems really weird to me

[GKeeper316]

there was an undisclosed settlement out of court...

which means she was just a money grubbing bitch imo.

if she was serious, she would have continued with criminal charges.

[Boomer.....]

All about the benjamins!

[badger]

Athletes see what happened to Kobe and they don't want to go through the crap. Pay em off and avoid losing your squeaky clean image and endorsements.

... not that Big Ben had that image in the first place.

[Collier11]

im just wondering if the girls lawyer was having her do this for any particular reason, especially if there was already a settlement

[Jboozer]

criminal charges are different from civil. She won't get money from pursuing any criminal action, thats up to the DA. She probably agreed not to pursue criminal action if he paid her. Or maybe the DA doesn't have a decent case, and the damage to Rothlisboger's rep may not be worth it...

[sooner94]

I ain't passed the bar, but I know a little bit, enough that Big Ben illegally touched her t#t.

Seriously, I'm not a lawyer, but I have seen settlement agreements before, and they usually have a clause where neither party can discuss the matter from then on as a condition to the settlement. If Big Ben paid her off, seems like she would not be able to discuss the matter publicly, other than if required to do so by law (ie a separate criminal trial proceeding).

Would like to hear a lawyer's opinion on this.

[Frozen Sooner]

Why do you think the girl would not pursue charges and then come out a few days later and say that He forced her into the bathroom and she told him no.

Is this a case of her wanting to get some $ off of him or is this a case of the DA not investigating thoroughly enough, it seems really weird to me

Different standards of proof. As the DA said, they weren't able to prove beyond a reasonable doubt. All that's required in a civil trial is preponderance of the evidence.
When a rape case is a he-said she-said, that difference in standard of proof is huge.
It's possible that she didn't initially press charges because of shame. Prompt reporting requirements for rape cases have been dropped in most if not all jurisdictions-it used to be they'd follow your line of reasoning (ie why wouldn't you report it right away if it wasn't really consensual). Then people figured out that rape victims don't really like talking about it.

Just stuff off the top of my head. I don't have a whole lot of factual knowledge about the case.

[AlbqSooner]

Settlements of matters which have potential criminal charges arising from the same set of operative facts is a crime. While these matters are resolved frequently on a financial basis, the agreement has to be very carefully crafted to avoid either, or possibly both, parties to the matter being charged with a crime. I am too lazy to go look it up and too old to recall, but I believe it is called 'misprision of a felony'.

On the other hand, if the case has substantial problems from a prosecutorial point, most District Attorneys would rather these matters be resolved without their involvement.

Sad but true - The jingle of the guinea heals the hurt that honor feels.

[btk108]

lets' defer to Homey

[btk108]

wait....I think it's been settled

[Frozen Sooner]

Yeah, I was going to say-I'd probably defer to Albq over Homey. He's had a bit more experience, particularly in Crim.

[btk108]

FS...forgot we had so many lawyer-types in here....good to know, good to know:D

[htownsooner7]

I ain't passed the bar, but I know a little bit, enough that Big Ben illegally touched her t#t.

Seriously, I'm not a lawyer, but I have seen settlement agreements before, and they usually have a clause where neither party can discuss the matter from then on as a condition to the settlement. If Big Ben paid her off, seems like she would not be able to discuss the matter publicly, other than if required to do so by law (ie a separate criminal trial proceeding).

Would like to hear a lawyer's opinion on this.

But.. You aren't permitted to condition a civil settlement on basis that the aggrieved will not cooperate with criminal proceedings. Problem is that it is a fine line, and the prosecutor won't push the case if the main witness (the aggrieved) is not particularly willing. It happens all the time, but it is technically breaking the rules.

[Collier11]

so if the DA doesnt press charges initially, can she still go back and pursue them?

[ictsooner7]

there was an undisclosed settlement out of court...

which means she was just a money grubbing bitch imo.

if she was serious, she would have continued with criminal charges.

WOW.....so a 6 foot 4 - 5 inch 240 lb guy that works out constantly takes a drunk girl into a bathroom with an off duty police officer gaurding the door, makes a pass at her she rejects, he doesn't like it and does something to her.

AND SHE IS A MONEY GRUBBING BITCH? WOW.....STAY AWAY FROM MY DAUGHTER.

[Collier11]

WOW.....so a 6 foot 4 - 5 inch 240 lb guy that works out constantly takes a drunk girl into a bathroom with an off duty police officer gaurding the door, makes a pass at her she rejects, he doesn't like it and does something to her.

AND SHE IS A MONEY GRUBBING BITCH? WOW.....STAY AWAY FROM MY DAUGHTER.

I think its dangerous to assume she is a money grubber as well as assuming that he is guilty...it sounds fishy from both sides

[ictsooner7]

Athletes see what happened to Kobe and they don't want to go through the crap. Pay em off and avoid losing your squeaky clean image and endorsements.

... not that Big Ben had that image in the first place.

This is his third time being accused of assaulting a woman. How many other professional athletes manage to go through their lives and never had a single one? Not even a horny dog like tiger had one.

[ictsooner7]

I think its dangerous to assume she is a money grubber as well as assuming that he is guilty...it sounds fishy from both sides

Like I said not his first dance at this party.

[btk108]

WOW.....so a 6 foot 4 - 5 inch 240 lb guy that works out constantly takes a drunk girl into a bathroom with an off duty police officer gaurding the door, makes a pass at her she rejects, he doesn't like it and does something to her.

AND SHE IS A MONEY GRUBBING BITCH? WOW.....STAY AWAY FROM MY DAUGHTER.

And how did she not know he'd already been in trouble and steer clear? It's only been on the national media for months.

If you put yourself in a bad situation, no matter if your Daddy's princess, bad things will happen.

[soonerboomer93]

Yeah, I was going to say-I'd probably defer to Albq over Homey. He's had a bit more experience, particularly in Crim.

he was probably going for defering to Homey over the lawyer wanna be over in 'Bama

[meoveryouxinfinity]

And how did she not know he'd already been in trouble and steer clear? It's only been on the national media for months.

If you put yourself in a bad situation, no matter if your Daddy's princess, bad things will happen.

Most females don't know what team Ben Roethlisberger plays for, if they know which sport he even plays. Then again a lot of men are the same way.

[Frozen Sooner]

he was probably going for defering to Homey over the lawyer wanna be over in 'Bama

Meh. I got better grades in Crim than Homey did at a better law school. :D

[TUSooner]

there was an undisclosed settlement out of court...

which means she was just a money grubbing bitch imo.

if she was serious, she would have continued with criminal charges.

Too cynical by far. Have a daughter and then think how you'd feel if some arrogant drunked-up jock-star was groping her. :rolleyes: :rolleyes:

A settlement is REAL relief for the victim, without the public embarrassmment of a show trial, where Ben's lawyer would do everything possible to trash the girl. Putting a pig like Ben Eats-his-boogers in jail for a few months doesn't help anyone, and by paying, Benny still gets punished, just without jail.

[cjames317]

Settlements of matters which have potential criminal charges arising from the same set of operative facts is a crime. While these matters are resolved frequently on a financial basis, the agreement has to be very carefully crafted to avoid either, or possibly both, parties to the matter being charged with a crime. I am too lazy to go look it up and too old to recall, but I believe it is called 'misprision of a felony'.

On the other hand, if the case has substantial problems from a prosecutorial point, most District Attorneys would rather these matters be resolved without their involvement.

Sad but true - The jingle of the guinea heals the hurt that honor feels.

Seems like guinea jingling is what started this mess. Whence cometh that maxim?

[AlbqSooner]

Seems like guinea jingling is what started this mess. Whence cometh that maxim?

Not sure of the origin of it, but a client of mine gave me a framed needlepoint of it to hang on my wall many years ago.:D

[AlbqSooner]

If you put yourself in a bad situation, no matter if your a multimillionaire jock superstar, bad things will happen.

While yours was correct, I felt constrained to fix it.;)

[ictsooner7]

And how did she not know he'd already been in trouble and steer clear? It's only been on the national media for months.

If you put yourself in a bad situation, no matter if your Daddy's princess, bad things will happen.

SO............let me get this straight. She goes and drinks with a guy, he gets her hammered and has her lead back into a hallway were an off duty cop is gaurding the enterence so her freinds cant get to her and its her fault?

LIKE I SAID - STAY AWAY FROM MY DAUGHTER.

[gaylordfan1]

Yes, this story is getting very fishy! There is obviously more that is being told. Pretty sleazy. I mean, seriously, there has to be women that would gladly jersey chase him and give it up for a story to tell her friends.

[Leroy Lizard]

SO............let me get this straight. She goes and drinks with a guy, he gets her hammered...

How does he get her hammered?

[gaylordfan1]

He prolly made her double fist Natty Light.

[Leroy Lizard]

I don't know what double fist meant, so I googled the term "double fist" ... and I hate you.

[Phil]

I am too lazy to go look it up and too old to recall, but I believe it is called 'misprision of a felony'.

Actually, misprision of felony is when you are aware of the commission of a known felony and actively conceal it from the authorities. It's what they got Michael Fortier on in the OKC bombing.

The reason I know that is because on my first bar exam, there was a question that listed several legal terms and you had to give their definition. Misprision of felony was on there, and I had no clue. I figured I'd at least try to inject some humor, so I put down that it was when somebody got sent to the wrong prison after conviction of a felony.

[btk108]

While yours was correct, I felt constrained to fix it.;)

yep

[btk108]

SO............let me get this straight. She goes and drinks with a guy, he gets her hammered and has her lead back into a hallway were an off duty cop is gaurding the enterence so her freinds cant get to her and its her fault?

LIKE I SAID - STAY AWAY FROM MY DAUGHTER.

and my daughter stay away from him.

I'm not defending Roth, what freaking idiot would? I'm a dad and I have warned my daughter since she was little to stay out of situations like this, doesn't mean she will no matter how much I want her to. I'm just saying I hope that girls have learned that no matter how safe you think you are, stay on your guard.

[Leroy Lizard]

and my daughter stay away from him.

I'm not defending Roth, what freaking idiot would? I'm a dad and I have warned my daughter since she was little to stay out of situations like this, doesn't mean she will no matter how much I want her to. I'm just saying I hope that girls have learned that no matter how safe you think you are, stay on your guard.

They can start by not getting ridiculously drunk in public.