Re: Report: Bodyguards blocked bathroom door
[quote=snarky][quote=Shawn]
One testimony with possible monetary motivation even with a bump on the head is not enough to convict. If it were Ben would be arrested. I think she would have helped her case more by not obtaining an ambulance chaser right after the event. You have to understand as well that she will have to explain why she was in the BR in the first place.[/quote]
I would be surprised if this went to trial and Ben's attorney brought up the potential of the alleged victim filing a civil suit because that would risk making the McNulty case admissible as a prior allegation.
And as for her explaining why she went to the bathroom in the first place. I would say a number of things are possible:
1. She was going to actually use the facility and he followed her in against her will or without her knowledge.
2. She thought they were just going to make out and grope but that he forced himself on her beyond that.
3. She went to the bathroom expecting they would have sex but changed her mind and said she wanted to leave and he forced herself on her.
4. She is making this all up
Now of course, she is not going to testify to number 4 but there are 3 things that could reasonably be true which would not exclude Ben committing a crime.
And what BJG says makes sense to me -- the guys outside the door are going to be key. Although I doubt they would be expected to have heard anything since this is a night club. But if, for example, she was crying when she came out of the room then this gets very bad.[/quote]
They certainly don't exclude him from a crime but they certainly don't convict him as well. It would certainly take a mountain of circumstantial evidence along with her testimony to convict. I agree though...the way she exited would definitely help or hurt Ben. If a woman was assaulted and she showed no signs of distress...it looks good for Ben. If she was crying...from the bump to the head...even a rude comment he is in a world of hurt. Bump to the head, crying, testimony, rude comments...yeah that might be enough to convict. So, I agree the way the body guards testify could be key.
Re: Report: Bodyguards blocked bathroom door
I wonder what time of the evening the bodyguards were watching the door? this will be a key piece of information. From what I've heard the woman reported the sexual assault at 2:30AM. If the bodyguards are watching the door at 1:00AM or earlier then why didn't she report the sexual assault long before 2:30AM? If they were guarding the door any later than 1:00AM then it's more circumstantial evidence against Ben. If they're guarding the door earlier in the evening and Ben and the woman have their fling and then go back to the party and she doesn't say anything then it will be difficult to give this much credence.
If you're devastated by something Ben did then you would want to get the police involved immediately not at 2:30 after the sex and more partying.
Pappy
Re: Report: Bodyguards blocked bathroom door
[quote=papillon]I wonder what time of the evening the bodyguards were watching the door? this will be a key piece of information. From what I've heard the woman reported the sexual assault at 2:30AM. If the bodyguards are watching the door at 1:00AM or earlier then why didn't she report the sexual assault long before 2:30AM? If they were guarding the door any later than 1:00AM then it's more circumstantial evidence against Ben. If they're guarding the door earlier in the evening and Ben and the woman have their fling and then go back to the party and she doesn't say anything then it will be difficult to give this much credence.
If you're devastated by something Ben did then you would want to get the police involved immediately not at 2:30 after the sex and more partying.
Pappy[/quote]
These are very sensible comments, IMO.
I went back and looked at the police report from an earlier thread. It said the crime was committed "between 11:00PM and 2:30 AM". What kind of bizarre BS is that? Meaning, I suppose, that it seems to make her allegations less believable, for the reasons you mention - if it took place close to 11PM, why wait 3+ hrs to report it?
I think (I think) that Ben will get off because some of these inconsistencies will give his lawyer enough potential firepower to threaten to blast her life to smithereens if she doesn't drop charges.
Now, if Ben did do this, that would be a travesty. But if he didn't, it would be the best possible outcome. I think.
Re: Report: Bodyguards blocked bathroom door
[quote=SanAntonioSteelerFan][quote=papillon]I wonder what time of the evening the bodyguards were watching the door? this will be a key piece of information. From what I've heard the woman reported the sexual assault at 2:30AM. If the bodyguards are watching the door at 1:00AM or earlier then why didn't she report the sexual assault long before 2:30AM? If they were guarding the door any later than 1:00AM then it's more circumstantial evidence against Ben. If they're guarding the door earlier in the evening and Ben and the woman have their fling and then go back to the party and she doesn't say anything then it will be difficult to give this much credence.
If you're devastated by something Ben did then you would want to get the police involved immediately not at 2:30 after the sex and more partying.
Pappy[/quote]
These are very sensible comments, IMO.
I went back and looked at the police report from an earlier thread. It said the crime was committed "between 11:00PM and 2:30 AM". What kind of bizarre BS is that? Meaning, I suppose, that it seems to make her allegations less believable, for the reasons you mention - if it took place close to 11PM, why wait 3+ hrs to report it?
I think (I think) that Ben will get off because some of these inconsistencies will give his lawyer enough potential firepower to threaten to blast her life to smithereens if she doesn't drop charges.
Now, if Ben did do this, that would be a travesty. But if he didn't, it would be the best possible outcome. I think.[/quote]
Yup, if she gives up the hummer (assuming a hummer is the act dujour based on Ben's statement about no sex or something to that effect) between 11:00 and 1:00 and doesn't report it until 2:30 then she was out bragging about getting a protein shake from a two time SB quarterback and wasn't all that devastated. If it happened after that then it all becomes much more plausible.
I'm hoping for the early birthday gift and case closed. Ben still needs to be careful, if, indeed, it went down (no pun intended) this way.
Pappy
Re: Report: Bodyguards blocked bathroom door
The original police report on this thing is a farce.
Remember, it was taken by a cop who was star struck with ben earlier in the night, had his photograph taken with ben, and didn't even list ben by name as the primary suspect in the report even though he was identified by the victim.
Obscurring the time of the incident is not surprising in light of all that....
Witness accounts I have read claimed there was an immediate commotion between the victim and some of her friends with one of those friends using a cell pohone to call the police.
Re: Report: Bodyguards blocked bathroom door
[quote=BlackJackGold]The original police report on this thing is a farce.
Remember, it was taken by a cop who was star struck with ben earlier in the night, had his photograph taken with ben, and didn't even list ben by name as the primary suspect in the report even though he was identified by the victim.
Obscurring the time of the incident is not surprising in light of all that....
[size=7][color=#40FF00]Witness accounts I have read claimed there was an immediate commotion between the victim and some of her friends with one of those friends using a cell pohone to call the police.[/color][/size][/quote]
I haven't seen that any where, can you fill in some more details?
"...immediate commotion..." - immediately after what?
If they called the police from the club right then and there, I wonder how she got time to go get evaluated at the hospital before giving a statement to the cops. Maybe that statement by a witness wasn't accurate ...
Anyone know where the alleged victim gave her statement to the cops ... on the street (I think I might have read that somewhere)? ... in the club?
Was Ben met by the police while he was still in the club?
Any link to this stuff about the commotion and the cell phone?
Thanks -
Re: Report: Bodyguards blocked bathroom door
It's in one of the hundreds of articles I read online....
To back slog through all those articles would take the better part of a day.
I'm not doing it.
If I remember right, it was up Friday night or Saturday AM...
The witness quoted was a male.
It was a pretty short paragraph at the end of a longer article.
He basically said that toward the end of the night the victim emerged from the VIP area with a few of her friends and there was a bit of a commotion that concluded with one of the friends using her cell to call the police.
Re: Report: Bodyguards blocked bathroom door
Here's another problem with that police report...
It claims somewhere between 11:00pm -2:00 am, yet all the stories concure that the place where this happened was the last to be visited by ben late that night.
Re: Report: Bodyguards blocked bathroom door
Unless the chick was seen partying and dancing after the assault it doesn't matter if it was an hour or a day later when she reported the assault. She will simply say she was scared, in shock, etc...
Re: Report: Bodyguards blocked bathroom door
[quote=feltdizz]Unless the chick was seen partying and dancing after the assault it doesn't matter if it was an hour or a day later when she reported the assault. She will simply say she was scared, in shock, etc...[/quote]
And, conveniently filed the charges right after last call... :P
Pappy