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mannc

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Everything posted by mannc

  1. mannc
    You are relying almost 100 percent on the allegations made by the plaintiff's attorney. Are you willing to give Araiza the opportunity to respond and defend himself? Can you think of any other well-known cases like this where the facts turned out to be other than as initially presented by the complainant and her lawyer?
  2. mannc
    Ok. It sounded like you were accepting the plaintiff's story just because it had not been expressly rebutted (yet) by Araiza...
  3. mannc
    What does the victim's diary say? (I'm trying to keep up, but this pesky job keeps getting in the way...)
  4. mannc
    You are reciting allegations in the plaintiff's complaint as if they are established facts because no one has expressly rebutted them in the 24 hours since the lawsuit was filed. That's just not the way it works. It's unfortunate that Araiza doesn't have more capable counsel, but you would do well not to take Mr. Gilleon's assertions (any of them) as facts.
  5. mannc
    Absolutely true. A lot of lawyers (especially defense lawyers) think it's always better to say nothing to the media...it's a common misconception and it could not be more wrong.
  6. mannc
    I don't believe he was ever put on the Commissioner's Exempt List. Houston just held him out.
  7. mannc
    I don't doubt that there's a tape, but I would put absolutely zero faith in what Mr. Gilleon tells me is or is not on said tape.
  8. mannc
    I agree that teams have extremely broad leeway with regard to releasing players, but the players still have protections under the CBA in that regard.
  9. mannc
    Watson's case was investigated for many months by the league and the authorities and involved at least 24 different accusers. And Watson never went on the exempt list.
  10. mannc
    True that they get released all the time, but they are nonetheless protected by a collective bargaining agreement. They are not employees at will.
  11. mannc
    Exactly. Many here are ready to throw this guy overboard based entirely on what a plaintiff's attorney is saying happened. Not very smart, or fair.
  12. mannc
    How do you know he's on tape admitting that? Has the tape been released or are you relying on what a plaintiff's lawyer is telling you is on the tape? And your legal conclusion is simply wrong.
  13. mannc
    And again, almost 100% of the information that's publicly available at this point is coming from a plaintiff's lawyer.
  14. mannc
    No, they cannot. They are bound by the terms of the CBA. They can cut a player, but the player has the right to file a grievance if he believes the team's action violates the CBA.
  15. mannc
    You appear to be basing this extreme opinion--kick this guy off the Bills' roster before there's any sort of adjudication or, to our knowledge a thorough investigation--on what's been said by a plaintiff's lawyer and what's been alleged in the plaintiff's complaint. I don't think that's prudent. If I'm wrong about that, tell me what else you're basing your opinion on.
  16. mannc
    No, it's not and no you can't. Players are union members and their employment is subject to a collective bargaining agreement. They are not "at-will" employees.
  17. mannc
    Which is why in most states the age of consent is lower, and why the prosecution has to prove that there was no reasonable mistake about the girl’s true age, and why “statutory rape” between people of those ages is almost never prosecuted unless there are other aggravating circumstances.
  18. mannc
    Let me repeat myself: he doesn’t have to prove it.
  19. mannc
    It’s not a defense. No reasonable mistake as to age is an element of the crime that has to be proven by the state.
  20. mannc
    He doesn’t have to claim it; state has to prove no reasonable mistake.
  21. mannc
    He doesn’t have to testify. Prosecutors have to prove there was no reasonable mistake as to her age.
  22. mannc
    What she said matters
  23. mannc
    If Araiza had nothing to do with any gang rape, he’s very unlikely to be in serious criminal trouble for having sex with a 17-year old who was telling people she was 18, if that’s what happened, of course.
  24. mannc
    Yes, you’re right. But prosecutors would have to prove there was no reasonable mistake about her age.
  25. mannc
    I’ll stand by the US Constitution. It’s worked pretty well.
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