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Thread: No charges….No Interview!!

  1. #1
    Hall of Famer Dee Dub's Avatar
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    No charges….No Interview!!

    http://sports.espn.go.com/nfl/news/story?id=5001162

    I personally believe there is no case against Ben. It has been 11 days since the incident and no charges have been filed against Ben. If they had solid evidence against Ben you can bet charges would have been filed already. If I were Ben’s lawyer I would not allow Ben to speak/interview with law enforcement regarding this.
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    Re: No charges….No Interview!!

    Quote Originally Posted by Dee Dub
    http://sports.espn.go.com/nfl/news/story?id=5001162

    I personally believe there is no case against Ben. It has been 11 days since the incident and no charges have been filed against Ben. If they had solid evidence against Ben you can bet charges would have been filed already. If I were Ben’s lawyer I would not allow Ben to speak/interview with law enforcement regarding this.

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    Re: No charges….No Interview!!

    I wouldn't get too excited over 11 days. If you look at this article you'll see that average turnaround time varies by state but in general is 90 days or more. Georgia is not specifically mentioned but given that this is a high-profile case, I would think the state is going to take the necessary time to cross T's and dot I's.

    http://www.cbsnews.com/stories/2009/11/ ... 5770.shtml
    In response to his pleas, an officer said: "You think we've never arrested somebody that's made national media? ... We deal with the Bengals all the time."

    http://sports.espn.go.com/ncb/news/story?id=3880848

  4. #4
    Hall of Famer Dee Dub's Avatar
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    Re: No charges….No Interview!!

    Quote Originally Posted by snarky
    I wouldn't get too excited over 11 days. If you look at this article you'll see that average turnaround time varies by state but in general is 90 day more. Georgia is not specifically mentioned but given that this is a high-profile case, I would think the state is going to take the necessary time to cross T's and dot I's.

    http://www.cbsnews.com/stories/2009/11/ ... 5770.shtml
    But in a case where sexual assault is alleged if there isn’t any physical evidence, then it boils down to her word against his. Remember this, the authorities have all the video tape from the club where the incident supposedly occurred. They also have a club full of possible witnesses. And to this point they have absolutely nothing..and if they did..even a little evidence..they would have filed charges. That town...that area.. is starving for an economical boost. A trail/case of this magnitude would bring that. But they don’t have anything. This is not rape. It is sexual assault. That in itself leaves limited physical evidence.

    Do you know why Ben's lawyer keeps saying Ben hasn’t committed a crime? Very simple...because whether he did or didn’t...there is no evidence that he did..nor is there any way for the authorities to prove he did.
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  5. #5
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    Re: No charges….No Interview!!

    Too early to get excited.
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    Re: No charges….No Interview!!

    Quote Originally Posted by Dee Dub
    Quote Originally Posted by snarky
    I wouldn't get too excited over 11 days. If you look at this article you'll see that average turnaround time varies by state but in general is 90 day more. Georgia is not specifically mentioned but given that this is a high-profile case, I would think the state is going to take the necessary time to cross T's and dot I's.

    http://www.cbsnews.com/stories/2009/11/ ... 5770.shtml
    But in a case where sexual assault is alleged if there isn’t any physical evidence, then it boils down to her word against his. Remember this, the authorities have all the video tape from the club where the incident supposedly occurred. They also have a club full of possible witnesses. And to this point they have absolutely nothing..and if they did..even a little evidence..they would have filed charges. That town...that area.. is starving for an economical boost. A trail/case of this magnitude would bring that. But they don’t have anything. This is not rape. It is sexual assault. That in itself leaves limited physical evidence.

    Do you know why Ben's lawyer keeps saying Ben hasn’t committed a crime? Very simple...because whether he did or didn’t...there is no evidence that he did..nor is there any way for the authorities to prove he did.
    Absolute proof is not required to convict a defendant. There are many people who are sent to jail without absolute proof. Here is a little thought experiment. Say this goes to trial and the only evidence is her testimony. She says he committed this act. Now say for whatever reason (again this is just a thought experiment) Ben's defense does nothing, they just let the jury take it from there. Has the state "proven" that he committed the crime? No. Is the state likely to get a conviction when the jury returns a verdict? Yes.

    And I'm pretty sure every defense attorney in history would say his client is not guility when asked.

    EDIT: I also meant to say that even though this is not a rape case, there is a rape kit that was done on her that night. I think it is safe to say there will be no charges against Ben until that kit is processed. Here's why. Imagine if Ben was charged and then suspended by the league based on that charge and he lost out on a few million dollars in salary and endorsements. Then imagine the kit comes back in such a way that Ben is exonerated. Do you think Ben would sue the state/county?
    In response to his pleas, an officer said: "You think we've never arrested somebody that's made national media? ... We deal with the Bengals all the time."

    http://sports.espn.go.com/ncb/news/story?id=3880848

  7. #7

    Re: No charges….No Interview!!

    Quote Originally Posted by snarky
    Quote Originally Posted by Dee Dub
    Quote Originally Posted by snarky
    I wouldn't get too excited over 11 days. If you look at this article you'll see that average turnaround time varies by state but in general is 90 day more. Georgia is not specifically mentioned but given that this is a high-profile case, I would think the state is going to take the necessary time to cross T's and dot I's.

    http://www.cbsnews.com/stories/2009/11/ ... 5770.shtml
    But in a case where sexual assault is alleged if there isn’t any physical evidence, then it boils down to her word against his. Remember this, the authorities have all the video tape from the club where the incident supposedly occurred. They also have a club full of possible witnesses. And to this point they have absolutely nothing..and if they did..even a little evidence..they would have filed charges. That town...that area.. is starving for an economical boost. A trail/case of this magnitude would bring that. But they don’t have anything. This is not rape. It is sexual assault. That in itself leaves limited physical evidence.

    Do you know why Ben's lawyer keeps saying Ben hasn’t committed a crime? Very simple...because whether he did or didn’t...there is no evidence that he did..nor is there any way for the authorities to prove he did.
    Absolute proof is not required to convict a defendant. There are many people who are sent to jail without absolute proof. Here is a little thought experiment. Say this goes to trial and the only evidence is her testimony. She says he committed this act. Now say for whatever reason (again this is just a thought experiment) Ben's defense does nothing, they just let the jury take it from there. Has the state "proven" that he committed the crime? No. Is the state likely to get a conviction when the jury returns a verdict? Yes.

    And I'm pretty sure every defense attorney in history would say his client is not guility when asked.

    EDIT: I also meant to say that even though this is not a rape case, there is a rape kit that was done on her that night. I think it is safe to say there will be no charges against Ben until that kit is processed. Here's why. Imagine if Ben was charged and then suspended by the league based on that charge and he lost out on a few million dollars in salary and endorsements. Then imagine the kit comes back in such a way that Ben is exonerated. Do you think Ben would sue the state/county?
    How long can this take? Don't you just take them to the bathroom and watch them turn blue or something?


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  8. #8
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    Re: No charges….No Interview!!

    Quote Originally Posted by SanAntonioSteelerFan
    Quote Originally Posted by snarky
    Quote Originally Posted by Dee Dub
    Quote Originally Posted by snarky
    I wouldn't get too excited over 11 days. If you look at this article you'll see that average turnaround time varies by state but in general is 90 day more. Georgia is not specifically mentioned but given that this is a high-profile case, I would think the state is going to take the necessary time to cross T's and dot I's.

    http://www.cbsnews.com/stories/2009/11/ ... 5770.shtml
    But in a case where sexual assault is alleged if there isn’t any physical evidence, then it boils down to her word against his. Remember this, the authorities have all the video tape from the club where the incident supposedly occurred. They also have a club full of possible witnesses. And to this point they have absolutely nothing..and if they did..even a little evidence..they would have filed charges. That town...that area.. is starving for an economical boost. A trail/case of this magnitude would bring that. But they don’t have anything. This is not rape. It is sexual assault. That in itself leaves limited physical evidence.

    Do you know why Ben's lawyer keeps saying Ben hasn’t committed a crime? Very simple...because whether he did or didn’t...there is no evidence that he did..nor is there any way for the authorities to prove he did.
    Absolute proof is not required to convict a defendant. There are many people who are sent to jail without absolute proof. Here is a little thought experiment. Say this goes to trial and the only evidence is her testimony. She says he committed this act. Now say for whatever reason (again this is just a thought experiment) Ben's defense does nothing, they just let the jury take it from there. Has the state "proven" that he committed the crime? No. Is the state likely to get a conviction when the jury returns a verdict? Yes.

    And I'm pretty sure every defense attorney in history would say his client is not guility when asked.

    EDIT: I also meant to say that even though this is not a rape case, there is a rape kit that was done on her that night. I think it is safe to say there will be no charges against Ben until that kit is processed. Here's why. Imagine if Ben was charged and then suspended by the league based on that charge and he lost out on a few million dollars in salary and endorsements. Then imagine the kit comes back in such a way that Ben is exonerated. Do you think Ben would sue the state/county?
    How long can this take? Don't you just take them to the bathroom and watch them turn blue or something?
    Rape Kits are multi-faceted. Obviously there are the two swabs for serological evidence, a paper bag for certain clothing, a comb for pubes, high-res photos of any injuries, dust for fingerprints...probably takes a couple weeks to process it all in the lab. Arent you glad you asked? :P
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  9. #9

    Re: No charges….No Interview!!

    It really depends. With a high profile case I would imagine that this case and that rape kit were kicked to the top of the pile. DNA testing does not take that long to perform. With that said, according to Ben there was no intercourse. If that is true, what will they find? Likely nothing. Then there is the physical exam. The ER doc will look for vaginal tears, rectal tears, bruising, lacerations, abrasions etc. The ER docs physical exam would be more important. That will be the cornerstone of their case. For instance, if there are bruises lets say on her arms...possibly hand shaped...that can show force. Good luck to Ben trying to explain that. I don't believe Ben submitted to a physical exam...which in my mind should have been done. Scratches on Ben would have been telling.

    But, I suspect the only thing that will come back is a knot on her head and a story about a girl who knowingly went into a bathroom with a superstar Qb. She will tell her story...Ben will tell his. The only physical evidence the prosecutor will likely have is a knot on the head of the alleged victim. That won't be enough on any planet to convict Ben. My prediction is that this will only be a civil issue when all is said and done due to a lack of physical evidence.

  10. #10
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    Re: No charges….No Interview!!

    Quote Originally Posted by Shawn
    It really depends. With a high profile case I would imagine that this case and that rape kit were kicked to the top of the pile. DNA testing does not take that long to perform. With that said, according to Ben there was no intercourse. If that is true, what will they find? Likely nothing. Then there is the physical exam. The ER doc will look for vaginal tears, rectal tears, bruising, lacerations, abrasions etc. The ER docs physical exam would be more important. That will be the cornerstone of their case. For instance, if there are bruises lets say on her arms...possibly hand shaped...that can show force. Good luck to Ben trying to explain that. I don't believe Ben submitted to a physical exam...which in my mind should have been done. Scratches on Ben would have been telling.

    But, I suspect the only thing that will come back is a knot on her head and a story about a girl who knowingly went into a bathroom with a superstar Qb. She will tell her story...Ben will tell his. The only physical evidence the prosecutor will likely have is a knot on the head of the alleged victim. That won't be enough on any planet to convict Ben. My prediction is that this will only be a civil issue when all is said and done due to a lack of physical evidence.
    That's probably it right there. The burden of proof is much heavier in criminal cases.

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