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Fall 2017 allegations against unnamed players (aka Situation 2)


DoctorB

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Something to watch:

https://www.wsj.com/articles/duke-settles-student-lawsuit-over-sexual-misconduct-case-1519770735

Duke Settles Student Lawsuit Over Sexual-Misconduct Case

Case stems from disagreement over whether 2013 sexual encounter was consensual and how the university handled the matter

 

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The case involves a November 2013 encounter between Mr. McLeod, then a senior, and a freshman. Mr. McLeod told campus investigators in early 2014 that they met at a bar and later had consensual sex; the woman told campus investigators that she hadn’t wanted to engage in sex.

A disciplinary panel found that it was “more likely than not” that the woman didn’t agree to sex and was too intoxicated to consent.

Mr. McLeod claimed the disciplinary panel of students and school employees erred in its handling of the case, in part by relying on an anonymous statement and failing to let him question that person.

Quote

Durham police investigated but didn’t charge Mr. McLeod.

In the lawsuit, he said Duke breached its contract with him by failing to follow its rules on impartial treatment. In its response to the suit, Duke said its procedures were followed correctly and the school had no contractual obligation to him.

 

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Just now, DeSmetBilliken said:

In short, the police have completed their investigation. The Circuit Attorney now gets to decide if there is enough to file charges.

Do they have to send it to the circuit attorney or can they deem it non criminal and close it?

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1 minute ago, dlarry said:

 Huge twist coming. Greitens was actually the photographer.

In all seriousness the case will probably be taken under advisement and sit in limbo for the next 7 years. Then when everybody's forgotten about it it will be dropped.

I think a player actually gets charged because of the Greitens case.

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4 minutes ago, brianstl said:

I think a player actually gets charged because of the Greitens case.

I could see that. Gardner is already looking pretty bad. Charging the governor but not a basketball player for the same crime will not help her image. I don't want the players to have to go through this but part of me really wants it to go to court so all the nonsense gets out in the open.

If the info we have is correct I would bet money that the girls don't want this to go to court.

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1 hour ago, brianstl said:

I think a player actually gets charged because of the Greitens case.

If a player gets charged in this situation under the same statute as Greitens, it would be an embarrassing misapplication of the law. Once you plan an orgy and insist that all activity happen in the view of 5 or 6 other people, you lose any expectation of privacy (which is a statutory element of invasion of privacy). If you are curious, here is the statute: http://revisor.mo.gov/main/OneSection.aspx?section=565.252&bid=29371&hl=.

 

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Just now, SouthSide_Billiken said:

If a player gets charged in this situation under the same statute as Greitens, it would be an embarrassing misapplication of applicable law. Once you plan an orgy and insist that all activity happen in the view of 5 or 6 other people, you lose any expectation of privacy (which is a statutory element of invasion of privacy). If you are curious, here is the statute: http://revisor.mo.gov/main/OneSection.aspx?section=565.252&bid=29371&hl=.

 

I know the statue. Posted it here before.  It doesn’t matter.  The female isn’t even claiming her privacy was violated in the Greitens case, but Gardner went out and got herself an indictment.  What is she going to do in a case where one of the girls lawyers is claiming this statue was broken.

I don’t like Greitens. The guy is a complete narcissist, but the charges against him are BS.  I fear Gardner will charge a player to make her Greitens case not look like it is complete political BS.

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3 minutes ago, brianstl said:

I know the statue. Posted it here before.  It doesn’t matter.  The female isn’t even claiming her privacy was violated in the Greitens case, but Gardner went out and got herself an indictment.  What is she going to do in a case where one of the girls lawyers is claiming this statue was broken.

I don’t like Greitens. The guy is a complete narcissist, but the charges against him are BS.  I fear Gardner will charge a player to make her Greitens case not look like it is complete political BS.

Fair concerns regarding Gardner. The entire circuit's attorney office has been a mess since she took over from Jenny Joyce. I also can't imagine law enforcement is pleased with her, particularly with the whole private investigator situation.

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If the police delivered anything to the circuit attorney's office there are no charges as yet, just the results of the investigation which have been sent to the circuit attorney's office. The circuit attorney has to decide whether anyone is going to be charged and specifically for what are they going to be charged. The case can be dropped if the circuit attorney determines there are insufficient grounds to bring the case to trial, or someone may be charged and brought to trial if the circuit attorney decides there are sufficient grounds to go to trial. I think at this time whatever happens is in Gardner's hands. I do not believe anyone has been charged as yet, and as far as I know no warrants for arrest have been issued. This may change of course. 

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3 hours ago, slufan13 said:

Do they have to send it to the circuit attorney or can they deem it non criminal and close it?

I don’t know because I’ve never worked in the prosecutor’s office. With that said, I think there is an argument to be made that it’s good policy to not give sole determination of whether a case is valid to police.

2 hours ago, brianstl said:

I think a player actually gets charged because of the Greitens case.

I’ve thought that too.

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-would this kind of case go to a grand jury or would the circuit attorney's office just bring any charges?

-hoping this doesn't go this far, but if it goes to trial, would the CA have to get cooperation from the girls? if so, would the girls be able to somehow not have their identity revealed? 

-when I advocated for keeping the thread open for lawsuits I didn't think they would be criminal

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16 hours ago, DeSmetBilliken said:

In short, the police have completed their investigation. The Circuit Attorney now gets to decide if there is enough to file charges.

How quickly does this determination normally happen?

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On February 27, 2018 at 6:10 PM, billikenbill said:

LOL at Tiltrollsky or is it Trollkowsky. 🤡

Dude got shut down.

Still here. Will be here everyday my friend.

I always thought it was weird that the police investigation kept on going past the Title IX investigation.

Everyone here said it was a favor to Kratky.

I wonder what those folks say now?

Gardner has a real quandry on her hands.

Either drop the charges against Greitens (which she doesn't want to do for political purposes and not charge the player/players. Or, charge Greitens and then have to charge the player/players.

Everyone on this board ignored the filming and posting to Snapchat as it was no big deal.

Evidently it is a big deal.

 

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