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Fall 2017 allegations against unnamed players (aka Situation 2)


DoctorB

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26 minutes ago, billikenfan05 said:

Welcome back

Thanks I was hoping to come back during a conflict free winning season but that may never happen.

1 minute ago, kshoe said:

Well, they definitely lawyered up.

You can't do much better than that in the lawyer department.

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1 minute ago, kshoe said:

Well, they definitely lawyered up.

Correct me if I am wrong, didn't Majerus complain about that concerning the Mitchell/Reed situation. I thought I remember hearing something about the accuser having some high powered attorney at the disciplinary meeting while the players had some student representing them. Maybe I made this up in my head, but I thought there was something that led me to believe the players were given poor guidance by the school.

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9 minutes ago, cgeldmacher said:

Then allow me to turn it right back around and fix your error.  This was cited before, but comes right out of Missouri statutes (RSMo. 565.252):

A person commits the offense of invasion of privacy if he or she knowingly:

  • (1)  Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person’s consent, while the person is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy

Just making the tape is a Class A misdemeanor.   Once you start showing it to other people, it goes to a felony

Invasion of privacy is a class A misdemeanor unless:

  • (1)  A person who creates an image in violation of this section distributes the image to another or transmits the image in a manner that allows access to that image via computer;
  • (2)  A person disseminates or permits the dissemination by any means, to another person, of a videotape, photograph, or film obtained in violation of this section;
  • (3)  More than one person is viewed, photographed, filmed or videotaped during the same course of conduct; or
  • (4)  The offense was committed by a person who has previously been found guilty of invasion of privacy
  • in which case invasion of privacy is a class E felony.

Just making the tape is not a misdemeanor, there are other elements that need to be met. Look up the definition of the bold/underlined, that would be a tough one to meet in this situation.

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1 minute ago, TheChosenOne said:

Correct me if I am wrong, didn't Majerus complain about that concerning the Mitchell/Reed situation. I thought I remember hearing something about the accuser having some high powered attorney at the disciplinary meeting while the players had some student representing them. Maybe I made this up in my head, but I thought there was something that led me to believe the players were given poor guidance by the school.

A law student, IIRC.

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3 minutes ago, kshoe said:

Well, they definitely lawyered up.

Here’s what I’ve learned watching that show, okay? Lawyer up. You can’t handle that sh!t. Everybody’s like, “I’m gonna talk to the cops and straighten this whole thing out.” You’re gonna do 25 to life. Have fun with that, man."

- Tom Segura

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Just now, JohnnyJumpUp said:

Just making the tape is not a misdemeanor, there are other elements that need to be met. Look up the definition of the bold/underlined, that's would be a tough one to meet in this situation.

In an apartment and not knowing you're being taped is an expectation of privacy.  That language is for when someone is doing something in public.

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2 minutes ago, cgeldmacher said:

In an apartment and not knowing you're being taped is an expectation of privacy.  That language is for when someone is doing something in public.

We do not know if the victims didn't know they were taped. I am going with innocent until proven guilty. If they truly didn't know, I agree it's going to be a major issue and it should be.

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4 minutes ago, TheChosenOne said:

Correct me if I am wrong, didn't Majerus complain about that concerning the Mitchell/Reed situation. I thought I remember hearing something about the accuser having some high powered attorney at the disciplinary meeting while the players had some student representing them. Maybe I made this up in my head, but I thought there was something that led me to believe the players were given poor guidance by the school.

 

3 minutes ago, Box and Won said:

A law student, IIRC.

TheChosenOne - I think you are correct and I think it was a Law Student that assisted in the University Hearing and IIRC they only had met right before the hearing.

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1 minute ago, FromDaEastSide said:

TheChosenOne - I think you are correct and I think it was a Law Student that assisted in the University Hearing and IIRC they only had met right before the hearing.

Thanks for the response, that is in line with what I remembered hearing, but I couldn't remember where I heard it or what exactly the deal was beyond the players being underrepresented in comparison to the accuser. Rather frustrating to hear.

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If they are indeed involved in a consensual hanky-panky with 4 on 3 activity in full view of all involved and anyone gets in trouble for using a camera with or without consent it would be so ludicrous. Kids most so out of all of us our aware that there are cameras everywhere. Getting busted for that would be akin to the handful; of people prosecuted during Napster's heyday

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2 minutes ago, billikenfan05 said:

Can anyone provide cliff notes of Rogers and Rosenblum's reputation in the law community?

You hire rosenblum if you can afford him or your case is hire profile enough.

rogers used to be rosenblum partner. They split up the firm earlier this year. All still friendly. Rogers no slouch either.

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8 minutes ago, DeSmetBilliken said:

Bingo. My guess is that Rogers' client is the alleged cameraman.

So my presumption would be that if the other three did not play a part in the recording (or were not aware of it), the cameraman will get the suspension here? Who knows how this will all resolve, but it's sounding more like we're all going to breathe a collective sigh of relief when this is over. 

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"The complaining witnesses have given law enforcement and St. Louis University inconsistent statements, and their credibility needs to be called into question during the Title IX investigation,"  Rogers said. "I have every belief this student athlete will be exonerated at the conclusion of the Title IX investigation."    

seems like the boys might be ok 

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