McNulty pulled her settlement offer

[snarky]

Sorry, can't find the link but this is out there this morning. McNulty's lawyer pulled the settlement offer of apology + 100K to a women's shelter.

They appear to be gearing up to use this Georgia incident in their case (not that that's a surprise or anything).

[pfelix73]

Re: McNulty pulled her settlement offer

Don;t know how that'll work, because the Georgia thing is over with. I'm sure there has already been a settlement and that all parties must keep everything confidential- 1 condition from a settlement.

[RuthlessBurgher]

Re: McNulty pulled her settlement offer

Don;t know how that'll work, because the Georgia thing is over with. I'm sure there has already been a settlement and that all parties must keep everything confidential- 1 condition from a settlement.

There was no confidentiality settlement in Georgia. Charges weren't filed, so 500+ pages worth of G.B.I. reports became public record.

[snarky]

Re: McNulty pulled her settlement offer

Need an attorney to comment on this but I don't think a settlement can be used as a shield from testifying in a civil trial brought by a third party. Additionally, police reports are in the public domain and could be introduced as evidence.

[pfelix73]

Re: McNulty pulled her settlement offer

I was referring to any civil settlement that probably already took place.

[Oviedo]

Re: McNulty pulled her settlement offer

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.

[BURGH86STEEL]

Re: McNulty pulled her settlement offer

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.

Probably not difficult to admit the GA report. The GA issue probably strengthen their case. They will point to the behavioral/character issues that Ben displayed in those circumstances. They may point to the counseling that Ben will receive.

Why would Ben put himself in that situation with a pending case?

[cruzer8]

Re: McNulty pulled her settlement offer

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.

Probably not difficult to admit the GA report. The GA issue probably strengthen their case. They will point to the behavioral/character issues that Ben displayed in those circumstances. They may point to the counseling that Ben will receive.

Why would Ben put himself in that situation with a pending case?

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.

[proudpittsburgher]

Re: McNulty pulled her settlement offer

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.

Probably not difficult to admit the GA report. The GA issue probably strengthen their case. They will point to the behavioral/character issues that Ben displayed in those circumstances. They may point to the counseling that Ben will receive.

Why would Ben put himself in that situation with a pending case?

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.

That is what ticks me off the most about Ben. Knowing what he knew with the McNulty deal, don't you think that when he was in the bathroom with the girl, he could have thought, "Hmm, maybe this isn't a good idea."

[cruzer8]

Re: McNulty pulled her settlement offer

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.

Probably not difficult to admit the GA report. The GA issue probably strengthen their case. They will point to the behavioral/character issues that Ben displayed in those circumstances. They may point to the counseling that Ben will receive.

Why would Ben put himself in that situation with a pending case?

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.

That is what ticks me off the most about Ben. Knowing what he knew with the McNulty deal, don't you think that when he was in the bathroom with the girl, he could have thought, "Hmm, maybe this isn't a good idea."

How do you know he was actually in the bathroom with her?

Answer: you don't.

That is what ticks me off about many people who automatically assume simply because one of the accuser's friends said she thought her friend was in the bathroom with Ben.

[hawaiiansteel]

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.

[url="http://content.usatoday.com/communities/gameon/post/2010/04/first-roethlisberger-accuser-says-settlement-offer-is-off/1"]http://content.usatoday.com/communities ... r-is-off/1[/url]

[phillyesq]

Re: McNulty pulled her settlement offer

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.

[SteelAbility]

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.

[hawaiiansteel]

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.

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

[phillyesq]

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.