mannc Posted August 28, 2022 Posted August 28, 2022 5 minutes ago, GunnerBill said: Nope. Guilt and liability are always for the courts. Based on what is out there I think Araiza is probably guilty. But that does not one ioate change my opinion that only a court can decide that and what I think is totally irrelevant. The social media induced court of public opinion is one of the most dangerous recent developments in our society. I agree that trial by social media is awful, but it’s also a reality in some cases. Team Araiza found themselves in a social media “trial” not of their own choosing, and they got crushed. I’m not sure how you could dispute that. 12 minutes ago, BuffaloBud17 said: Don't be surprised if the Bills are sued by the victim Zero chance
extrahammer Posted August 28, 2022 Posted August 28, 2022 (edited) 28 minutes ago, mannc said: I don’t believe that’s correct. The court does not have to “review the complaint and make a decision” before he can issue subpoenas, and the court doesn’t review or issue the subpoenas themselves. In California, it does have to reviewed and stamped before the plaintiff can issue subpoenas. I didn't see a case number stamped on the complaint documents, so again, if I'm missing that somewhere please let me know. It is most common in CA for a third party to issue the subpoena, however not required in all cases. In any case, the plaintiff will have to submit a copy of every subpoena form to the court within a certain time frame, I believe it is 48 hours, can't remember. Edited August 28, 2022 by extrahammer
TheWeatherMan Posted August 28, 2022 Posted August 28, 2022 7 minutes ago, BuffaloBud17 said: Defamation maybe. The Bills knew about the allegations and kept him on the team. Her lawyer went after the Bills. Please look up the definition of defamation and then go sit in the corner for 10 minutes and think about what you said. Can an admin please ban this clown? Every single one of his posts are face palmingly idiotic.
JDubya76 Posted August 28, 2022 Posted August 28, 2022 (edited) 24 minutes ago, BuffaloBud17 said: Defamation maybe. The Bills knew about the allegations and kept him on the team. Her lawyer went after the Bills. Defamation? So the Bills in their actions, damaged the good reputation of Jane Doe using slander or libel? I don’t think that word means what you think it means. Edited August 28, 2022 by JDubya76 1 1
mannc Posted August 28, 2022 Posted August 28, 2022 1 minute ago, UKBillFan said: Seems to be a lot of confusion about the defence of statutory rape in Californian law. Some assume witnesses claiming she was saying she 18 will be enough to mean charges won't be made (if substantial), others think it won't be enough. Someone WAY down thread produced a link that appears reliable, stating that the prosecutor has to prove there was no reasonable mistake about the victim’s age. 1
Draconator Posted August 28, 2022 Posted August 28, 2022 This also needs to be set up in a few posters home computer stations before they hit "submit reply" 1 3
GunnerBill Posted August 28, 2022 Posted August 28, 2022 4 minutes ago, mannc said: I agree that trial by social media is awful, but it’s also a reality in some cases. Team Araiza found themselves in a social media “trial” not of their own choosing, and they got crushed. I’m not sure how you could dispute that. I don't dispute. I just ignore it. Trial by social media is as worthless as yesterday's chip paper. 1
BullBuchanan Posted August 28, 2022 Posted August 28, 2022 (edited) 10 minutes ago, Draconator said: You really believe her lawyers actions isn't hurting her case? Maybe, maybe not. Before her lawyer got involved this whole story was buried for nearly a year, so I'd say they've done a lot more good than bad. Regardless, what you think about someone's lawyer shouldn't have any bearing on the case unless they are making seemingly false or provably false accusations or are acting in a defamatory manner - none of which I've seen so far. Edited August 28, 2022 by BullBuchanan 1
mannc Posted August 28, 2022 Posted August 28, 2022 1 minute ago, extrahammer said: In California, it does have to reviewed and stamped before the plaintiff can issue subpoenas. It is most common in CA for a third party to issue the subpoena, however not required in all cases. In any case, the plaintiff will have to submit a copy of every subpoena form to the court within a certain time frame, I believe it is 48 hours, can't remember. Once the complaint has been filed, the lawyer can issue the subpoenas and there is no court approval process. The lawyer has to give reasonable notice to the other parties and the witness. 2 minutes ago, GunnerBill said: I don't dispute. I just ignore it. Trial by social media is as worthless as yesterday's chip paper. It may be worthless, but it cost Araiza his job. 1
Draconator Posted August 28, 2022 Posted August 28, 2022 1 minute ago, BullBuchanan said: Maybe, maybe not. Before her lawyer got involved this whole story was buried for nearly a year, so I'd say they've done a lot more good than bad. Regardless, what you think about someone's lawyer shouldn't have any bearing on the case unless they are making seemingly false or probably false accusations or are acting in a defamatory manner - none of which I've seen so far. https://www.lenscrafters.com/ 1
extrahammer Posted August 28, 2022 Posted August 28, 2022 (edited) 3 minutes ago, mannc said: Once the complaint has been filed, the lawyer can issue the subpoenas and there is no court approval process. The lawyer has to give reasonable notice to the other parties and the witness. Again, not until the complaint has been reviewed and assigned a case number. At this point all he has done is file a complaint. If I'm missing the case number somewhere, again, please let me know. But I'm not wrong. And he will have to file a copy of every subpoena to the court. Edited August 28, 2022 by extrahammer
UKBillFan Posted August 28, 2022 Posted August 28, 2022 1 minute ago, BullBuchanan said: Maybe, maybe not. Before her lawyer got involved this whole story was buried for nearly a year, so I'd say they've done a lot more good than bad. Regardless, what you think about someone's lawyer shouldn't have any bearing on the case unless they are making seemingly false or probably false accusations or are acting in a defamatory manner - none of which I've seen so far. Except he's basically doing the defense's job for them by posting contradictory statements and texts. Think it was pointed out that the journal (horrific as it was to read) even countered some points made in the lawsuit. Now he's saying that an apology and a donation to a rape charity would make all of this go away??? He's harming the alleged victim's case, not helping it. 1
Tiberius Posted August 28, 2022 Posted August 28, 2022 2 minutes ago, BullBuchanan said: Maybe, maybe not. Before her lawyer got involved this whole story was buried for nearly a year, so I'd say they've done a lot more good than bad. Regardless, what you think about someone's lawyer shouldn't have any bearing on the case unless they are making seemingly false or provably false accusations or are acting in a defamatory manner - none of which I've seen so far. I imagine if I saw a guy who did something this bad to me getting a job in the NFL I'd be screaming to high heaven too. I'd do everything in my power to bring the crime into the light of day 1 1
Doc Posted August 28, 2022 Posted August 28, 2022 27 minutes ago, SectionC3 said: What's their goal? If it was to keep the kid employed, they screwed up badly. If it's to keep him out of prison, then staying mum is the best plan. Keeping him out of jail is the most important goal. If he can clear his name, he can play in the NFL later. 22 minutes ago, mannc said: I’d agree that they were more professional than Gilleon, but their failure to respond to the allegations more forcefully and convincingly cost their client his job. They were in a bare-knuckles brawl and were operating out of the wrong playbook. Responding publicly wasn't going to solve this quickly. With the season rapidly approaching, that's what cost him his job. 10 minutes ago, BullBuchanan said: I believe it's a distraction from the subject at hand and irrelevant to the truth. His actions reflect on him and his client, and his case as a whole. 8 minutes ago, GunnerBill said: Of the statutory rape. As I said, I fully believe she told people she was 18 and do not believe she told anyone she was 17, or at least told Araiza during their encounter.
mannc Posted August 28, 2022 Posted August 28, 2022 Just now, extrahammer said: Again, not until the complaint has been reviewed and assigned a case number. At this point all he has done is file a complaint. If I'm missing the case number somewhere, again, please let me know. But I'm not wrong. I agree that a case number has to be assigned but that happens almost instantaneously
GunnerBill Posted August 28, 2022 Posted August 28, 2022 4 minutes ago, mannc said: It may be worthless, but it cost Araiza his job. I think the civil filing cost Araiza his job. 1 minute ago, Doc said: As I said, I fully believe she told people she was 18 and do not believe she told anyone she was 17, or at least told Araiza during their encounter. On what basis do you believe that?
Tiberius Posted August 28, 2022 Posted August 28, 2022 Just now, Doc said: Keeping him out of jail is the most important goal. If he can clear his name, he can play in the NFL later. Responding publicly wasn't going to solve this quickly. With the season rapidly approaching, that's what cost him his job. His actions reflect on him and his client, and his case as a whole. As I said, I fully believe she told people she was 18 and do not believe she told anyone she was 17, or at least told Araiza during their encounter. She said she told him she was in HS. She also accuses him of possibly slipping a mickey in her drink. Do they test for that during a rape kit investigation?
extrahammer Posted August 28, 2022 Posted August 28, 2022 Just now, mannc said: I agree that a case number has to be assigned but that happens almost instantaneously I'm going off of California law. The reason no case number has been assigned is because it has not been reviewed. It was filed Thursday and nothing was assigned instantaneously. The court could throw it out at any point as well.
Doc Posted August 28, 2022 Posted August 28, 2022 1 minute ago, Tiberius said: I imagine if I saw a guy who did something this bad to me getting a job in the NFL I'd be screaming to high heaven too. I'd do everything in my power to bring the crime into the light of day And there are ways to do it. Filing the civil suit was the way. But lying and making odd statements is not.
mannc Posted August 28, 2022 Posted August 28, 2022 1 minute ago, Doc said: Keeping him out of jail is the most important goal. If he can clear his name, he can play in the NFL later. Responding publicly wasn't going to solve this quickly. With the season rapidly approaching, that's what cost him his job. His actions reflect on him and his client, and his case as a whole. As I said, I fully believe she told people she was 18 and do not believe she told anyone she was 17, or at least told Araiza during their encounter. If Araiza and his lawyer had put together a more coherent, convincing response, the Bills might have at least let this play out a little longer. They failed.
Recommended Posts