Buffalo_Stampede Posted August 28, 2022 Posted August 28, 2022 8 minutes ago, Motorin' said: Araiza's attorney disputes many aspects. He claims she was not intoxicated when she arrived and that Matt never gave her a drink. What he has not disputed was that Matt had sex with her outside of the house shortly after meeting her, and that she was later sexually assaulted by other members of the team. In fact, Araiza's attorney stated that one of the other teammates may be charged with rape based on the evidence he has obtained. We’ll find out a lot soon I’m sure. Her friends will be key witnesses. She says she was drinking with her friends prior to the party. She said her friend found her leaving the room bloody. Im still wondering how she got the names of the 3 men accused because she says she doesn’t know who was doing what to her in the room. That tells me someone gave her the names. 1
UKBillFan Posted August 28, 2022 Posted August 28, 2022 2 minutes ago, YoloinOhio said: They are only allegations at this point, which is what has made this whole thing so hard Exactly. The way some are speaking it sounds like they've been proven.
Motorin' Posted August 28, 2022 Posted August 28, 2022 2 minutes ago, Buffalo_Stampede said: We’ll find out a lot soon I’m sure. Her friends will be key witnesses. She says she was drinking with her friends prior to the party. She said her friend found her leaving the room bloody. Im still wondering how she got the names of the 3 men accused because she says she doesn’t know who was doing what to her in the room. That tells me someone gave her the names. Yeah, it seems as though she got the names from the police when they setup the pretext calls.
Buffalo_Stampede Posted August 28, 2022 Posted August 28, 2022 (edited) 5 minutes ago, Motorin' said: Yeah, it seems as though she got the names from the police when they setup the pretext calls. She actually got Matt Araiza’s number from one of the other accused players after the alleged rape. I don’t think police gave her the names. I think it was people at the party. Edited August 28, 2022 by Buffalo_Stampede
Motorin' Posted August 28, 2022 Posted August 28, 2022 Just now, Buffalo_Stampede said: She actually got Matt Araiza’s number from one of the other accused players. I don’t think police gave her the names. I think it was people at the party. Yeah, these are the fine details of the case that we can only speculate about.
Rc2catch Posted August 28, 2022 Posted August 28, 2022 How much are they asking for in the lawsuit? It has to be quite a bit or why wouldn’t he just pay whatever the offer that was withdrawn was?
K-9 Posted August 28, 2022 Posted August 28, 2022 1 hour ago, UKBillFan said: Araiza could have held a press conference and gone through each step of the lawsuit, denying each in turn. He still would have been cut. Any lawyer worth his salt would never let his defendant client give a press conference to answer questions about the crime he’s accused of. 2 3
NoSaint Posted August 28, 2022 Posted August 28, 2022 37 minutes ago, BarleyNY said: No kidding. It is more that he gave an already drunk 17 year old more beer and then had sex with her. That’s not just statuary rape, that’s rape. Oh and he did so knowing that he had chlamydia. That’s all before he - or possibly someone else - took her inside and upstairs to a bedroom to be gang raped. Weird that someone else could’ve taken her to the room though. what would’ve had to happen was that Araiza met this girls, had sex with her and then just walked away as soon as he was done. Just went to hang out with some other people or something. That’d be very odd. the weird part in the “claims he hooked up with a stranger outside at a party and then left” was that he left?
BarleyNY Posted August 28, 2022 Posted August 28, 2022 (edited) 4 minutes ago, NoSaint said: the weird part in the “claims he hooked up with a stranger outside at a party and then left” was that he left? Why focus on that? The whole thing is pretty sketchy Edited August 28, 2022 by BarleyNY
Buffalo_Stampede Posted August 28, 2022 Posted August 28, 2022 Just now, Rc2catch said: How much are they asking for in the lawsuit? It has to be quite a bit or why wouldn’t he just pay whatever the offer that was withdrawn was? It doesn’t sound like the father wants money. The civil suit at this time was likely just to put pressure on police, DA, and the accused. 1 1
Beck Water Posted August 28, 2022 Posted August 28, 2022 11 minutes ago, Rc2catch said: How much are they asking for in the lawsuit? It has to be quite a bit or why wouldn’t he just pay whatever the offer that was withdrawn was? A specific sum is not named 1
Rc2catch Posted August 28, 2022 Posted August 28, 2022 1 minute ago, Buffalo_Stampede said: It doesn’t sound like the father wants money. The civil suit at this time was likely just to put pressure on police, DA, and the accused. But don’t they have to attach a number to it? Im clueless in lawsuits but don’t they have to ask for something? And at one point there was an offer they were willing to settle for and her lawyer withdrew, at least that’s how the texts read to me
K-9 Posted August 28, 2022 Posted August 28, 2022 58 minutes ago, mannc said: Not under California law, apparently. Here are the three things the prosecutor needs to prove under CA law. It’s rather easy to establish the age of the victim, perhaps the easiest. The onus is on the defendant to prove he had a reasonable expectation to believe the victim was of legal age. Defenses are also in the linked article. Interesting stuff. https://www.shouselaw.com/ca/defense/penal-code/261-5/ Quote 1. When is it a crime to have sex with a minor? In order to convict you under California Penal Code 261.5, the prosecutor must prove at least three facts (otherwise known as “elements of the crime“). These facts include4 : that the defendant had sexual intercourse with another person (any amount of sexual penetration, regardless of how slight, constitutes sexual intercourse…even if there is no ejaculation5 ), that the persons involved in the act were not married to each other at the time (the fact that the minor is married to someone else or used to be married does not excuse liability for this offense6 ), and that the alleged victim was under eighteen (18) years old at the time of the offense.
Tiberius Posted August 28, 2022 Posted August 28, 2022 12 minutes ago, K-9 said: Any lawyer worth his salt would never let his defendant client give a press conference to answer questions about the crime he’s accused of. Yes. One big exception to this was the guy who was accused of being the Anthrax mailer, he gave an impassioned news conference defending himself and attacking the DOJ. He was cleared after that.
UKBillFan Posted August 28, 2022 Posted August 28, 2022 3 minutes ago, Buffalo_Stampede said: It doesn’t sound like the father wants money. The civil suit at this time was likely just to put pressure on police, DA, and the accused. That's what the defense attorney says. But someone with knowledge and experience on here (with the best post on this thread bar none) suggested that issuing a civil claims means they have been advised that the DA will not criminally charge Araiza. If they were, then putting the alleged victim through a civil case before could open up too many questions and counter-claims which might leave it almost possible to get a verdict in criminal court. Further to this, rape cases in the US take an average of ten months to go from accusation to charge - we've only just got to that point, time wise, now.
K-9 Posted August 28, 2022 Posted August 28, 2022 1 minute ago, Tiberius said: Yes. One big exception to this was the guy who was accused of being the Anthrax mailer, he gave an impassioned news conference defending himself and attacking the DOJ. He was cleared after that. I’m inclined to believe it was the discovery of facts that exonerated him and not a news conference.
RiotAct Posted August 28, 2022 Posted August 28, 2022 4 minutes ago, Rc2catch said: But don’t they have to attach a number to it? Im clueless in lawsuits but don’t they have to ask for something? And at one point there was an offer they were willing to settle for and her lawyer withdrew, at least that’s how the texts read to me I think in a lot of instances, the jury (or judge?) decides the amount that the plaintiff wins. It might depend on the state. 1
Buffalo_Stampede Posted August 28, 2022 Posted August 28, 2022 2 minutes ago, Rc2catch said: But don’t they have to attach a number to it? Im clueless in lawsuits but don’t they have to ask for something? And at one point there was an offer they were willing to settle for and her lawyer withdrew, at least that’s how the texts read to me I read the civil suit, there was boxes to check. Limited, under $25,000 or Unlimited, over $25,000. Unlimited is checked. 8 minutes ago, UKBillFan said: That's what the defense attorney says. But someone with knowledge and experience on here (with the best post on this thread bar none) suggested that issuing a civil claims means they have been advised that the DA will not criminally charge Araiza. If they were, then putting the alleged victim through a civil case before could open up too many questions and counter-claims which might leave it almost possible to get a verdict in criminal court. Further to this, rape cases in the US take an average of ten months to go from accusation to charge - we've only just got to that point, time wise, now. I read somewhere a comment from the DA that they are still reviewing. 1
Rc2catch Posted August 28, 2022 Posted August 28, 2022 I said probably 50 pages back my theory was buffalo expected this to be settled out of court. It’s the only thing that makes sense to me based on beane and McDermott’s track record and the sloppiness of how it went down. Whatever the offer was that was withdrawn would of stopped this from hitting the media. Guessing that offer was more than his family could afford and the s*** hit the fan. This could also tie into the new information part as well. As maybe management was under the impression this was taken care of before the suit dropped. Anyways that’s just speculation on my part and not really helpful. The whole thing has been a disaster for everyone involved. In the end, I hope whoever participated in hurting that young woman can be charged and convicted.
UKBillFan Posted August 28, 2022 Posted August 28, 2022 6 minutes ago, Buffalo_Stampede said: I read the civil suit, there was boxes to check. Limited, under $25,000 or Unlimited, over $25,000. Unlimited is checked. I read somewhere a comment from the DA that they are still reviewing. Yes, so logically you would not raise a civil case whilst a criminal charge is still possible.
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