Walking Tall

No DA is going to charge? That’s funny. And wrong.

Correct. And that alone is a much more serious change than the statutory rape charge but a lot tougher to prove in a case like this.

You need to know the age of someone you are sticking your dick into. Assumptions are risky. At what point does that excuse end? Well, she had big breasts and looked 18. I had no idea she was 13! Young girls lie to impress older males.

In California law enforcement is allowed to record calls in the scope of their investigation. Araiza appears to be toast on face value. I can’t imagine an attorney including that there were recorded police calls in an affidavit if there weren’t any. I guess we’ll see.

This is hashed on in jury selection. It shouldn’t be a problem.

Exactly. And how do you know what she said on camera is the exact same thing she said in her statements? You don't and neither do I. I'm just telling you that IMO there is no good that will come from doing that interview and possibly even something that could hurt her. For example, she obviously told police who was involved as multiple controlled calls were made to these suspects. Who provided those names? She said on video she has issues with her memory from the incident. I believe on face value that what she is alleging is true. I'm just saying that going on and doing a television interview is risky and could hurt her in future court proceedings. Like the police love when a suspect continues to talk, defense attorney's love when victims and witnesses continue to talk in cases like these.

I can't imagine any attorney advising her with civil and possible criminal proceeding ahead to be talking about it. Anything she says in these interviews she can be crossed examined on and used in court by the defense. There's just no good reason to even chance saying something stupid. You can bet defense attorney's will be asking the television studio for the whole interview, not just the snippets that were shown.

https://www.cbs8.com/article/news/local/teen-accusing-san-diego-state-football-players-of-rape-speaks/509-02de68ba-2cf8-43d5-b41e-dae06a48be2f

The only thing that bothers me about this girl is her doing television interviews regarding this incident. I can't imagine anyone advising her thinking that is a good idea regardless of her face being blurred.

My comment or his that this stuff happens at every high school or college party?

Nah. There is a question of force that would up the ante significantly. He could plea guilty to statutory and you wouldn't be able to charge him again for the same incident. Dotting i's and crossing t's. Plus, you want to put the victim through the least amount of proceedings as possible. I'd be willing to bet this will be put in front of a Grand Jury relatively soon.

Oh, I'm sorry. I didn't know that a thorough investigation would not be conducted. Thanks for telling me. I'll go back to the District Attorney's Special Victim's Unit where I work at tomorrow and let them know we are doing it all wrong. It's nice to know that a direct Grand Jury presentation is not a smart option. LOL

The article says the two other named suspects have attorney's. Araiza must also have one. At least you would think so. How could the Bills not know about this?

You only have a period of time to file a civil suit.

She named three people. It is alleged five raped her. Ever stop to think the police are attempting to identify those other two males? You don't want to put this girl through multiple trials if true.

I didn't know Matt Araiza posted here.

His body isn't even cold yet. LOL

There were supposedly five perps. She only names three. I'm sure the two unidentified could be a big reason why this case is in its current state. Lab work takes a long time and the police may still be trying to identify other suspects.

There is not always DNA.

Yes it would. Big time.

You don't. But, not only is she claiming the sexual assault, she's claiming there is an audio recording of a phone call where Araiza admits to having sex with her. That would be pretty hard to fabricate, especially when phone records exists regarding incoming and outgoing phone calls to include subscriber information. Not to mention it was supposedly done under police direction, i.e; controlled phone call. I believe in letting things play out but I also believe Araiza is toast in this instance.

What is Brian Moorman up to these days? We need a holder.

For DWI? I remember nobody. Are you seriously comparing DWI to this situation?

I do too but I'm sure you probably are right. The NFL is a clown show at times.

I'm telling you that two high schoolers under 18 won't be charged unless there was force used.