MAJBobby Posted August 13, 2018 Posted August 13, 2018 Just now, Rocky Landing said: Well, her testimony would certainly be admissible. And Open herself up for cross examination?? Nah
Rocky Landing Posted August 13, 2018 Posted August 13, 2018 Just now, 26CornerBlitz said: Testimony is not evidence. Of course it is.
26CornerBlitz Posted August 13, 2018 Author Posted August 13, 2018 Just now, Rocky Landing said: Of course it is. No. That would be an allegation. Evidence supports an alleged claim or statement. They are not the same thing.
Rocky Landing Posted August 13, 2018 Posted August 13, 2018 1 minute ago, 26CornerBlitz said: Testimony is not evidence. From wikipedia: "In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury."
26CornerBlitz Posted August 13, 2018 Author Posted August 13, 2018 Just now, Rocky Landing said: From wikipedia: "In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury." She has empty words or an allegation without anything to support what she says. Won't fly.
Boatdrinks Posted August 13, 2018 Posted August 13, 2018 6 minutes ago, Rocky Landing said: I think that there is probably enough here (all hearsay, and circumstantial, of course) for a good legal team to put together a decent case. I suppose it would hinge on the testimony of the witnesses. She wasn't home alone, right? If Shady is smart, he'll settle out of court, if he can. Decent case of what ? Domestic abuse ? Nope. Abuse of another person? Doesn’t seem to be. He said some stuff and flew out to see me when he was in love, then he saw who I really was and wasn’t anymore so I deserve something right ? . mmmmK . Kicking a dog ? Please... 1 minute ago, 26CornerBlitz said: She has empty words or an allegation without anything to support what she says. Won't fly. Not to mention she and her compadres would seem to have next to zero credibility
Alphadawg7 Posted August 13, 2018 Posted August 13, 2018 2 minutes ago, msw2112 said: When this story first broke, I thought that McCoy could have been responsible The more this unfolds, and the way it is unfolding, the more I think it is a crock and an attempted money grab. Yeah, for a brief moment it looked bad for McCoy...but as more info came to the surface it began to stink more and more like BS. This lawsuit though to me sinks her ship almost completely. How can she sue for things that "promises" between 2 people dating? LMFAO, she is clearly trying to manufacture any shred of hope she can to stay in a house she has no claim to on any grounds. Adding in claims of stuff she likely lacks any evidence of like beating the dog is even worse as it just comes across as an attempt at smearing his character to help her grounds to keep a house she did not pay for or earn. Im not even saying it didn't happen with the dog, but its just a flimsy claim relying on her credibility as a "witness" in an already weak lawsuit, so she just isn't doing herself any favors.
RiotAct Posted August 13, 2018 Posted August 13, 2018 Delicia don’t live here no mo’ Delicia don’t live here no mo’ Delicia don’t live here no mo’ Is Delicia there? Helllllll no!
MAJBobby Posted August 13, 2018 Posted August 13, 2018 Her story has changed three times. Shady wont make statements about himself other than no (because of the pending criminal investigation) so it will come down to her story facing high priced attorneys shooting holes in it.
x-BillzeBubba Posted August 13, 2018 Posted August 13, 2018 She's trying to hold him responsible for the assault because he changed the security system...all the other stuff about his son/dog/insinuation of the assaulter etc is just noise
Rocky Landing Posted August 13, 2018 Posted August 13, 2018 1 minute ago, 26CornerBlitz said: She has empty words or an allegation without anything to support what she says. Won't fly. I'm not even sure what you mean by "won't fly." She has her testimony, a corroborating witness, and some pretty gruesome photos of her beat up face. The jewelry taken was some that was in dispute between her, and Shady. I'm only trying to look at this realistically. A civil court of law is not going to dismiss this off hand as the Bills fans on this site would like to do. This is a serious case. It's not going away, unless Shady is able to settle, IMO.
MTBill Posted August 13, 2018 Posted August 13, 2018 Testimony is evidence. It has equal weight with physical evidence. What comes into play is each jury member determines if they believe the witness (or the testimony specifically) is credible. This whole thing is just a time sucking distraction. I am not going to say she has made the whole thing up, but I certainly feel this is a definite possibility. SO FAR all we have (at least heard about) is her story (not implying fabrication) and evidence of violence to her. No other accounts by any other people. Including the "friends" she was beaten in front of. Capital punishment is not a crime for children - child abuse is. There is a line there. This certainly has ZERO to do with her and does not belong in a lawsuit by her. The way this thing has been communicated by her and her twitter "friend" certainly sounds like fabrication to me. I won't say it is impossible for it to be true. I'm really trying to not be jaded as a fan of the Bills and what this could do to that. It just really is a weak sounding case at this point - as a criminal or civil suit. The key difference in a civil suit is it does not have to be "beyond a reasonable doubt" to find the defendant guilty. Easier for the plaintiff, but she has to convince a jury of the injury. A promise of buying a home and not doing so is not an injury to her. 1
Rocky Landing Posted August 13, 2018 Posted August 13, 2018 1 minute ago, MAJBobby said: Her story has changed three times. Shady wont make statements about himself other than no (because of the pending criminal investigation) so it will come down to her story facing high priced attorneys shooting holes in it. I'll guess her own attorneys make a pretty good living, as well.
26CornerBlitz Posted August 13, 2018 Author Posted August 13, 2018 1 minute ago, Rocky Landing said: I'm not even sure what you mean by "won't fly." She has her testimony, a corroborating witness, and some pretty gruesome photos of her beat up face. The jewelry taken was some that was in dispute between her, and Shady. I'm only trying to look at this realistically. A civil court of law is not going to dismiss this off hand as the Bills fans on this site would like to do. This is a serious case. It's not going away, unless Shady is able to settle, IMO. None of that will show or prove to any standard that McCoy knew the attacker. There is zero evidence of that unless she has a recording of the attacker stating that or they apprehend him. She has nodda!
MTBill Posted August 13, 2018 Posted August 13, 2018 1 minute ago, Rocky Landing said: I'll guess her own attorneys make a pretty good living, as well. Yes - they probably won't do this pro bono unless they really feel there is a chance of winning. Otherwise it's waste of their time. To 26CB - Her testimony is admissible, it's just up to the jury whether they believe it or not - and that can be weighed against what others say or prove. I'm damn curious why we have heard squat more from her kid who apparently went out the window... is it because he doesn't support her story?
Real McClappy Posted August 13, 2018 Posted August 13, 2018 Just now, MTBill said: Yes - they probably won't do this pro bono unless they really feel there is a chance of winning. Otherwise it's waste of their time. To 26CB - Her testimony is admissible, it's just up to the jury whether they believe it or not - and that can be weighed against what others say or prove. I'm damn curious why we have heard squat more from her kid who apparently went out the window... is it because he doesn't support her story? Or settling out of court. Knowing the cash flow they are banging on a settlement and easy payday. I for one hope McCoy has his lawyers fight it.
26CornerBlitz Posted August 13, 2018 Author Posted August 13, 2018 1 minute ago, MTBill said: Yes - they probably won't do this pro bono unless they really feel there is a chance of winning. Otherwise it's waste of their time. To 26CB - Her testimony is admissible, it's just up to the jury whether they believe it or not - and that can be weighed against what others say or prove. I'm damn curious why we have heard squat more from her kid who apparently went out the window... is it because he doesn't support her story? I'm not saying it's not admissible as it certainly is. What I'm saying is that it has little to no evidentiary value absent any corroboration that can be substantiated.
Rocky Landing Posted August 13, 2018 Posted August 13, 2018 1 minute ago, MTBill said: Testimony is evidence. It has equal weight with physical evidence. What comes into play is each jury member determines if they believe the witness (or the testimony specifically) is credible. This whole thing is just a time sucking distraction. I am not going to say she has made the whole thing up, but I certainly feel this is a definite possibility. SO FAR all we have (at least heard about) is her story (not implying fabrication) and evidence of violence to her. No other accounts by any other people. Including the "friends" she was beaten in front of. Capital punishment is not a crime for children - child abuse is. There is a line there. This certainly has ZERO to do with her and does not belong in a lawsuit by her. The way this thing has been communicated by her and her twitter "friend" certainly sounds like fabrication to me. I won't say it is impossible for it to be true. I'm really trying to not be jaded as a fan of the Bills and what this could do to that. It just really is a weak sounding case at this point - as a criminal or civil suit. The key difference in a civil suit is it does not have to be "beyond a reasonable doubt" to find the defendant guilty. Easier for the plaintiff, but she has to convince a jury of the injury. A promise of buying a home and not doing so is not an injury to her. I'd bet if this goes to trial that all of it will be admissible in a civil court. I believe there is a pretty wide allowance of testimony regarding character in a civil case. If you think back to the OJ civil case, remember how much character testimony was allowed that was not allowed in the criminal trial?
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