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Thread: McNulty pulled her settlement offer

  1. #11
    Legend hawaiiansteel's Avatar
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    Re: McNulty pulled her settlement offer

    Apr 22, 2010

    First Roethlisberger accuser says settlement offer is off


    There's a new twist to the accusations of sexual assault against Ben Roethlisberger. The first woman to accuse the Steelers quarterback has said through her attorney that she's no longer willing to settle her civil suit under previously offered conditions.

    Reno attorney Calvin R.X. Dunlap told Dan Majors of the Pittsburgh Post-Gazette, "The deadline for that has passed." Dunlap represents a 32-year-old woman who claims Roethlisberger sexually assaulted her at the Harrah's Lake Tahoe resort in 2008.

    The settlement offer was made in September, one month after the woman filed her case. It asked that Roethlisberger admit the allegation was true, write a letter of apology and make a $100,000 donation to a Reno group that aids abused women.

    The lawsuit is stalled as the Nevada Supreme Court considers a change-of-venue appeal by Roethlisberger that asks to move the case from Reno to Lake Tahoe.

    One more factor, if the case goes forward, is the request from Roethlisberger's attorneys for the accuser to undergo a psychiatric examination.

    The accuser's attorney in turn asked for "a reciprocal examination" of Roethlisberger. NFL commissioner Roger Goodell's suspension of Roethlisberger Wednesday said the quarterback "must undergo a comprehensive behavioral evaluation by medical professionals.

    http://content.usatoday.com/communities ... r-is-off/1


  2. #12

    Re: McNulty pulled her settlement offer

    Quote Originally Posted by Oviedo
    I'd be really interested in phillyesq's opinion, but I would think it would be very difficult to get the Georgia report admitted as evidence in Nevada.
    I tend to agree. I haven't really researched NV law on this issue, but generally, character evidence is NOT admissible to provide bad acts in conformity with that bad character. There are some limited purpose why character evidence can be brought into question, but I don't think that any of them apply here.

    The GA report would amount to nothing more than bad character evidence. This evidence is highly prejudicial. If the GA evidence was admitted in evidence, you would essentially be conducting a trial within a trial. This is confusing, a waste of time, and prejudicial, and Judges are typically reluctant to admit this type of evidence. Also, you have the DA in GA saying that the evidence did not even amount to probable cause. That also weighs against any of the information being admitted in NV.

    If Dunlap tries to admit the GA report, Ben's lawyer will fight it tooth and nail, and I think he will succeed. I'm also not sure that Dunlap has the power to subpoena the girl to testify. Even if he does have the power (and I haven't looked at NV law), I'm sure that Ben's lawyer and the lawyer for the girl will fight it tooth and nail.

    The NV lawsuit is currently in the NV Supreme Court over the issue of venue. That is not very common, and shows that Ben's legal team will spend a small fortune defending this case. It will take years, and cost Dunlap a fortune to continue.

  3. #13
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    Re: McNulty pulled her settlement offer

    You mean she rescinded the offer that wasn't going to be taken anyway? Brilliant move! She must be a master strategist and closet genius.

  4. #14
    Legend hawaiiansteel's Avatar
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    Re: McNulty pulled her settlement offer

    Quote Originally Posted by SteelAbility
    You mean she rescinded the offer that wasn't going to be taken anyway? Brilliant move! She must be a master strategist and closet genius.


    this is the McNutty master strategist and closet genius...


  5. #15

    Re: McNulty pulled her settlement offer

    [quote="hawaiiansteel"]Apr 22, 2010

    The accuser's attorney in turn asked for "a reciprocal examination" of Roethlisberger.

    He can ask for anything he wants, but it doesn't mean that he is going to get it.

  6. #16

    Re: McNulty pulled her settlement offer

    IMO this would be similar to a defense attorney asking to admit evidence of an alleged sexual assault victim being a slut. That type of characterization is never allowed.

  7. #17
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    Re: McNulty pulled her settlement offer

    Quote Originally Posted by cruzer8

    Yes. There is a lesson to be learned here. If you have sex with a woman and then she flips out on you, does all kinds of crazy, irrational things and eventually brings a civil suit against you since you won't be her boyfriend then your next step should be to lock your doors and sit home until it all goes away.

    It is absolutely NOT ok to go out to a bar with friends and bodyguards.
    I don't believe anyone is saying you can't go out with friends and bodyguards and have a good time. I'm pretty sure though it's NOT ok to take an underage drunk girl into a bathroom and pull out your junk - particularly when you are already accused of forcing yourself on another woman. That may be the lesson to be learned.

  8. #18

    Re: McNulty pulled her settlement offer

    Quote Originally Posted by Starlifter
    Quote Originally Posted by cruzer8

    Yes. There is a lesson to be learned here. If you have sex with a woman and then she flips out on you, does all kinds of crazy, irrational things and eventually brings a civil suit against you since you won't be her boyfriend then your next step should be to lock your doors and sit home until it all goes away.

    It is absolutely NOT ok to go out to a bar with friends and bodyguards.
    I don't believe anyone is saying you can't go out with friends and bodyguards and have a good time. I'm pretty sure though it's NOT ok to take an underage drunk girl into a bathroom and pull out your junk - particularly when you are already accused of forcing yourself on another woman. That may be the lesson to be learned.
    Apparently there's another lesson to be learned. Don't take at face value everything you read in headlines. Especially when they're conflicting accounts given by three drunken sorority sisters.

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