Lawyer says Ben case has been reported one sided

[stlrz d]

For someone who is in the medical profession, where evidence, data, test results, etc are of the utmost importance...you sure are making a lot of assumptions here Shawn.

You may ultimately be right about some of them...but I'm just sayin'....

We are not convicting Ben of a crime. When this was a criminal case...I supported Ben to the fullest? Why? Because, I didn't believe there was enough evidence to put him in prison.

But, this is no longer criminal...this is court of public opinion and that is based on preponderance of evidence. First, the girl had superficial vaginal abrasions and bleeding. Abrasions in the vaginal area quickly heal because of the robust blood supply. If it had even happened 12 hours before I would know as an examiner. An abrasion that happened 2 hours ago looks different from one that happened 12 hours ago...especially in the vaginal area. Bleeding indicates very recent trauma. We also know she tested at a .2 and could barely write her name on the police reports. This was hours after her last drink and the incident.

Since, I don't need without a reasonable doubt evidence to convict Ben of being a douche I can say that the evidence points to a very drunk chick having sex...probably rough sex VERY recently. Reading all the stories...I believe that person to be Ben. Is it possible she eff'd some other guy right before...then blamed Ben? Sure...but it's unlikely. It's more likely that Ben had sex with a very drunk girl.

So lets go over the douchebaggery list...

-Ben buys shots for girls that are not old enough to drink and are probably too drunk to have more.
-Evidence points towards Ben having sex with a girl not sober enough to give consent.
-Public indecency...sex in a public restroom is a crime.

Anything else is just icing on the cake. That right there is enough to be upset with Ben.

It's not up to Ben to check IDs of people he's buying drinks for. That's what the people at the door are there for.

There was not enough DNA evidence to make any kind of a match. So not only could they not prove rape, they could not even prove that Ben had sex with her. Even if he used a condom there would have been enough hair and skin cells containing DNA left behind.

Your "evidence" is circumstantial at best...and it's all the DA had as well...hence no charges.

PS - I've not read anything with DETAILED info on vaginal abrasions...just that they were present. So there's nothing out there stating how recent they were.

You're entitled to your opinion based on circumstantial evidence just as much as I'm entitled to call you out on it.

PPS - The court of public opinion is comprised primarily of people who's only claim to fame is having a photo of them appear on [url="http://www.peopleofwalmart.com"]http://www.peopleofwalmart.com[/url].

[snarky]

The one thing I don't understand about Ben's story is this bit where he told his friend that she fell and he said she was too drunk to continue. If that's the case why didn't he put her into a cab or at least get somebody from the club to go back there and make sure she is OK. I mean, it sounds like he just left her there. That makes no sense to me. If he had the good sense to 'call it off' after she fell -- why didn't he have the good sense to make sure she didn't fall down again and potentially crack her skull.

[SanAntonioSteelerFan]

The one thing I don't understand about Ben's story is this bit where he told his friend that she fell and he said she was too drunk to continue. If that's the case why didn't he put her into a cab or at least get somebody from the club to go back there and make sure she is OK. I mean, it sounds like he just left her there. That makes no sense to me. If he had the good sense to 'call it off' after she fell -- why didn't he have the good sense to make sure she didn't fall down again and potentially crack her skull.

Snark - What have we read about what happened after she fell? I think I've read somewhere that he helped her up, but no way I can remember where. I might have helped her back to the table, like you're saying, but maybe she shrugged him off and said, "I'm OK".

Come to think of it, I can't recall reading much about after she went back to the bathroom. Did she come back alone? Where was Ben? Did she sit at the table and drink more? I can't remember what the DTF chick statements said about that.

Where's Abe Zapruder when you need him?

[Shawn]

[quote=stlrz d][quote=Shawn][quote="stlrz d":2szybwha]For someone who is in the medical profession, where evidence, data, test results, etc are of the utmost importance...you sure are making a lot of assumptions here Shawn.

You may ultimately be right about some of them...but I'm just sayin'....[/quote]

We are not convicting Ben of a crime. When this was a criminal case...I supported Ben to the fullest? Why? Because, I didn't believe there was enough evidence to put him in prison.

But, this is no longer criminal...this is court of public opinion and that is based on preponderance of evidence. First, the girl had superficial vaginal abrasions and bleeding. Abrasions in the vaginal area quickly heal because of the robust blood supply. If it had even happened 12 hours before I would know as an examiner. An abrasion that happened 2 hours ago looks different from one that happened 12 hours ago...especially in the vaginal area. Bleeding indicates very recent trauma. We also know she tested at a .2 and could barely write her name on the police reports. This was hours after her last drink and the incident.

Since, I don't need without a reasonable doubt evidence to convict Ben of being a douche I can say that the evidence points to a very drunk chick having sex...probably rough sex VERY recently. Reading all the stories...I believe that person to be Ben. Is it possible she eff'd some other guy right before...then blamed Ben? Sure...but it's unlikely. It's more likely that Ben had sex with a very drunk girl.

So lets go over the douchebaggery list...

-Ben buys shots for girls that are not old enough to drink and are probably too drunk to have more.
-Evidence points towards Ben having sex with a girl not sober enough to give consent.
-Public indecency...sex in a public restroom is a crime.

Anything else is just icing on the cake. That right there is enough to be upset with Ben.[/quote]

It's not up to Ben to check IDs of people he's buying drinks for. That's what the people at the door are there for.

There was not enough DNA evidence to make any kind of a match. So not only could they not prove rape, they could not even prove that Ben had sex with her. Even if he used a condom there would have been enough hair and skin cells containing DNA left behind.

Your "evidence" is circumstantial at best...and it's all the DA had as well...hence no charges.

PS - I've not read anything with DETAILED info on vaginal abrasions...just that they were present. So there's nothing out there stating how recent they were.

You're entitled to your opinion based on circumstantial evidence just as much as I'm entitled to call you out on it.

PPS - The court of public opinion is comprised primarily of people who's only claim to fame is having a photo of them appear on [url="http://www.peopleofwalmart.com"]http://www.peopleofwalmart.com[/url]. [/quote:2szybwha]

You are still stuck on criminal conviction evidence. I know there isn't enough for a criminal conviction. I'm saying the evidence leads me to believe that more likely than not that Ben had sex with a girl too drunk to give consent.

When talking about DNA its' tricky. Most of the time it is left behind. But, it's much easier to get DNA if semen is left behind. Did Ben have sex to completion...did he wear a condom. Skin and hair can be left behind but it's not always...not even close to always. You have to also take into account the skill of the ER physician that night to collect evidence. Some of us are well versed in this area and some of us are not. There are many violent rapes where there isn't a shred of DNA evidence left behind.

There was male DNA just not enough to do a match. There is evidence of very recent intercourse. There are the stories of that night. I'm not sure how anyone can say with a straight face that they believe Ben didn't touch that girl.

PS...there was note of vaginal bleeding. Did that occur from the day before? Come on. And while I didn't read the physician's note we are required to document if we believe those abrasions are old or new.

[stlrz d]

[quote=Shawn][quote=stlrz d][quote=Shawn]

http://www.peopleofwalmart.com[/url].

You are still stuck on criminal conviction evidence. I know there isn't enough for a criminal conviction. I'm saying the evidence leads me to believe that more likely than not that Ben had sex with a girl too drunk to give consent.

When talking about DNA its' tricky. Most of the time it is left behind. But, it's much easier to get DNA if semen is left behind. Did Ben have sex to completion...did he wear a condom. Skin and hair can be left behind but it's not always...not even close to always. You have to also take into account the skill of the ER physician that night to collect evidence. Some of us are well versed in this area and some of us are not. There are many violent rapes where there isn't a shred of DNA evidence left behind.

There was male DNA just not enough to do a match. There is evidence of very recent intercourse. There are the stories of that night. I'm not sure how anyone can say with a straight face that they believe Ben didn't touch that girl.[/quote:1z1fihe5]

I've never claimed that Ben didn't touch her.

But I'm also not making the leap from "touched her" to "raped her".

[Shawn]

Ahh ok. Well, if he had sex with her...and she was too intoxicated to give consent...he raped her.

[feltdizz]

When you are worth $100 mill, have a civil trial still open and it's obvious any accusation or incidet with a chick will be front page news... It's your responsibility to protect yourself, check ID's, Adams apples, smell test and anything else that can get you in trouble.

If you want something done right do it yourself.

Why the hell would Ben or anyone with his money and fame let a college bar manage his accountability? Everyone but the village idiot knows an 18 and up bar will have underaged chicks drinking in it.

I could see if it was an upscale bar where the age limit was 25 but a Podunk college bar with 18 year olds in it? Only a fool would think everyone drinking is of age.

Even if she is 23 and looks like Halle Berry, if she is sloppy drunk and I'm rich with a civil suit she has to GTFOVIP... but I would definitely get her number and wine and dine and try to smash at a later date.

[snarky]

The one thing I don't understand about Ben's story is this bit where he told his friend that she fell and he said she was too drunk to continue. If that's the case why didn't he put her into a cab or at least get somebody from the club to go back there and make sure she is OK. I mean, it sounds like he just left her there. That makes no sense to me. If he had the good sense to 'call it off' after she fell -- why didn't he have the good sense to make sure she didn't fall down again and potentially crack her skull.

Snark - What have we read about what happened after she fell? I think I've read somewhere that he helped her up, but no way I can remember where. I might have helped her back to the table, like you're saying, but maybe she shrugged him off and said, "I'm OK".

Come to think of it, I can't recall reading much about after she went back to the bathroom. Did she come back alone? Where was Ben? Did she sit at the table and drink more? I can't remember what the DTF chick statements said about that.

Where's Abe Zapruder when you need him?

The statements provided from her and her friends indicate that he came out first and then she came out crying. The accuser says that after they had sex he left without saying anything. And according to the statements provided by the accuser and her friends, they left the bar immediately and went to the first police car they saw.

There's nothing from Ben's side other than this bit where he supposedly stopped when she fell. There's no version of events for what happened next.

[stlrz d]

Ahh ok. Well, if he had sex with her...and she was too intoxicated to give consent...he raped her.

[stlrz d]

The one thing I don't understand about Ben's story is this bit where he told his friend that she fell and he said she was too drunk to continue. If that's the case why didn't he put her into a cab or at least get somebody from the club to go back there and make sure she is OK. I mean, it sounds like he just left her there. That makes no sense to me. If he had the good sense to 'call it off' after she fell -- why didn't he have the good sense to make sure she didn't fall down again and potentially crack her skull.

Snark - What have we read about what happened after she fell? I think I've read somewhere that he helped her up, but no way I can remember where. I might have helped her back to the table, like you're saying, but maybe she shrugged him off and said, "I'm OK".

Come to think of it, I can't recall reading much about after she went back to the bathroom. Did she come back alone? Where was Ben? Did she sit at the table and drink more? I can't remember what the DTF chick statements said about that.

Where's Abe Zapruder when you need him?

The statements provided from her and her friends indicate that he came out first and then she came out crying. The accuser says that after they had sex he left without saying anything. And according to the statements provided by the accuser and her friends, they left the bar immediately and went to the first police car they saw.

There's nothing from Ben's side other than this bit where he supposedly stopped when she fell. There's no version of events for what happened next.

Why show your cards if you're in the works of a civil suit of your own?