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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Dec 27, 2017 1:41 pm 
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Ye Gods! That is egregious behavior!

In the US, the failure to disclose exculpatory evidence by the prosecution is grounds for disbarment and also for overturning any verdict.

I wonder what sex the first prosecutor was....hmmmmm?

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Dec 27, 2017 1:43 pm 
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chijohnaok wrote:
Another example of false rape accusations:

https://nypost.com/2017/12/16/rape-tria ... -revealed/

Quote:
Rape trial falls apart after accuser’s 40,000 texts are revealed


By Victoria Craw, News.com.au December 16, 2017 | 12:40pm

A student has described going through “mental torture” after a rape case against him was thrown out in court because police had failed to hand over more than 40,000 messages from his accuser.

Liam Allan, 22, faced up to ten years in jail charged with six counts of rape and six counts of sexual assault against a young woman over a 14-month period that began when he was 19.

The criminology student at Greenwich University had spent nearly two years on bail and three days in Croydon Crown Court when the trial was stopped in a dramatic fashion after it emerged police officers had failed to hand over evidence that proved his innocence.

The alleged victim had claimed she did not enjoy sex, while Mr Allan claimed it was consensual and she was acting maliciously because he refused to see her after he returned to university.

Now, the judge has called for an inquiry at the “very highest level” to understand why police failed to hand over critical evidence including 40,000 messages from the accuser to Mr Allan and friends.

The messages showed how she had continually messaged Mr Allan for “casual sex”, said how much she enjoyed it and discussed fantasies of violent sex and rape, The Times reports.

Outside the court, Mr Allan said he went through “mental torture” over the two year period and relied on the system to uncover evidence that would exonerate him.

When first accused, he turned to a local lawyer he had done work experience with and said he was terrified at the idea of going to prison with sex offenders and worried about what would happen to his mum and flatmates when he was away.

“You are all on your own. I could not talk to my mother about the details of the case because she might have been called as a witness. I couldn’t talk with my friends because they might have been called. I felt completely isolated at every stage of the process,” he said.

“I can’t explain the mental torture of the past two years. … I feel betrayed by the system which I had believed would do the right thing, the system I want to work in.”

The life-changing discovery was made at the 11th hour when a new prosecutor, Jerry Hayes, took over the case one day before the trial began and ordered police to hand over records — including a computer disk that contained 40,000 messages.

Mr Allan’s lawyers had already sought access to the accusers’s telephone records and messages but their requests were denied on the basis there was nothing of interest in them.


Upon discovering the messages, Mr Hayes said he would offer no evidence in court and would like to “apologise” to Mr Allan.

“There was a terrible failure in disclosure which was inexcusable,” he said. “There could have been a serious miscarriage of justice, which could have led to a very significant period of imprisonment and life on the sex offenders register. It appears the officer in the case has not reviewed the disk, which is quite appalling.”

Speaking later, he said detectives had previously told him the sexual messages were “too personal” to share.

“The defence quickly saw the information blew the prosecution out of the water. If they had not been seen this boy faced 12 years in prison and on the sex offenders’ register for life with little chance of appeal. This was a massive miscarriage of justice, which thank heavens was avoided,” he told the BBC.

Judge Peter Gower said Mr Allan was not guilty on all charges.

“There is something that has gone wrong and it is a matter that the Crown Prosecution Service (CPS) in my judgment should be considering at the very highest level,” he said.

“Mr Allan leaves the courtroom an innocent man without a stain on his character.”

Mr Allan’s defence lawyer Julia Smart said she also received details about the text messages the night before she was due to cross examine the accuser, and when she told the court of her findings the trial was scrapped.

Mr Allan’s mum, Lorraine Allan, 46, said the “current climate” means that many people are treated as “guilty until you can prove you’re innocent.”

A spokesman for London Metropolitan Police said: “We are aware of this case being dismissed from court and are carrying out an urgent assessment to establish the circumstances which led to this action being taken.

“We are working closely with the Crown Prosecution Service and keeping in close contact with the victim while this process takes place.”

The Crown Prosecution Service said they will not conduct a “management review” with the Metropolitian Police to “examine the way in which the case was handled.”

Mr Hayes, who is a former Conservative MP, wrote in The Times the case marked the most “appalling failure of disclosure I have ever encountered.”

“The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced.

“Crown court trials only work because of the co-operation and goodwill of advocates and the bench — but time pressures are making this increasingly difficult.




:shock:


I am glad that the new prosecutor Jerry Hayes ordered the police to turn over the disk with the messages and apologized for this all, but this poor guy was put through hell for two years and faced years in prison all because the authorities intentionally withheld releasing information that eventually cleared him.



Heads should roll. Charges should be pressed against the woman who brought false accusations, and she should be prosecuted to the full extent.

But they won't.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Dec 27, 2017 2:01 pm 
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On a somewhat humorous note, somewhat related to the above incident, I was reading another article on this incident and I saw a photo of the judge who presided in this case:

http://www.dailymail.co.uk/news/article ... olice.html

Image
Julia successfully halted his trial at Croydon Crown Court by alerting Judge Peter Gower to the existence of the messages and all charges were dropped following a CPS review

I appreciate the desire to uphold traditions, but.....really?

The outfit is bad enough but that wig!??!?!??!?!
He is wearing shag carpeting on his head.

Were I to appear in a British court I would probably be found in contempt for not being able to stop laughing.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Mon Feb 19, 2018 2:52 pm 
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Justice Ruth Bader-Ginsburg must be off her meds ( ;-) ) because she took a dump on the Title IX review process for rape accusations:

https://reason.com/blog/2018/02/19/ruth ... ess-me-too

Quote:
Ruth Bader Ginsburg Thinks Some College Title IX Trials Are Unfair to the Accused

Supreme Court justice says the #MeToo movement is important, but so is due process.

Robby Soave|Feb. 19, 2018 10:29 am

Supreme Court Justice Ruth Bader Ginsburg thinks colleges and universities are violating the due process rights of students facing sexual misconduct charges.

The Atlantic's Jeffrey Rosen asked the Court's second-ever female justice for her thoughts on the #MeToo movement. Unsurprisingly, Ginsburg was happy about the increased public attention being paid to the problems of sexual harassment and gender-based inequality in the workplace. But she was also concerned about protecting the due process rights of the accused—particularly on college campuses:

Rosen: What about due process for the accused?

Ginsburg: Well, that must not be ignored and it goes beyond sexual harassment. The person who is accused has a right to defend herself or himself, and we certainly should not lose sight of that. Recognizing that these are complaints that should be heard. There's been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that's one of the basic tenets of our system, as you know, everyone deserves a fair hearing.

Rosen: Are some of those criticisms of the college codes valid?

Ginsburg: Do I think they are? Yes
.


Note that Ginsburg was asked about due process, but not campuses specifically. The fact that she immediately suggested college codes of conduct as an example of a policy that sometimes violates "the basic tenets of our system," says a great deal about the glaring unfairness of the modern approach to Title IX, the federal statute that requires universities to investigate sexual harassment and assault. And Ginsburg didn't just make note of the controversy; she explicitly said critics of the current procedures have a point.

One of those critics, Education Secretary Betsy DeVos, has rescinded some of the federal guidance that had contributed to the problem. A legacy of the Obama-era campus sexual misconduct, dictates the infamous 2011 "Dear Colleague" letter had instructed universities to follow sexual misconduct procedures that left little room for due process. The new administration withdrew this letter last September, though most universities have insisted that they will continue to operate as before.

This means that many students who are accused of misconduct will still face investigatory procedures that seem hopelessly biased against them. Accused students are routinely denied the right to confront their accusers, refused access to crucial information about the nature of the charges against them, and forced to prove their innocence to a single bureaucrat who gets to play judge, jury, executioner, lead detective, and prosecutor.

Defenders of what are commonly called "victim-centered" investigatory procedures say preventing rape is more important than obeying due process. But this is a false dichotomy, according to Ginsburg:

Rosen: I think people are hungry for your thoughts about how to balance the values of due process against the need for increased gender equality.

Ginsburg: It's not one or the other. It's both. We have a system of justice where people who are accused get due process, so it's just applying to this field what we have applied generally.


Students who were found responsible for sexual misconduct often sue their universities for violating their due process rights, and many of them have prevailed in court. If a campus sexual misconduct case adjudicated under the deficient standards ever made it all the way to the Supreme Court, it certainly sounds like Ginsburg would question whether the accused was given a meaningful opportunity to defend himself.

Photo Credit: Josh Edelson/ZUMA Press/Newscom

Associate Editor Robby Soave, a 2017–2018 Novak Fellow at the Fund for American Studies, is the author of a forthcoming book about campus activism in the age of Trump.



The feminist clique is not going to be happy about this...

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Mon Feb 19, 2018 3:28 pm 
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De Voss and Ruthie Ginsberg agree on something?

It's probably a sign of the end times. When is the asteroid supposed to hit?

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Tue Feb 20, 2018 9:43 pm 
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A "feminist" acting like a humanist. Good lord!

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed May 16, 2018 11:12 am 
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An incident where the places are traded:


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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Mon Sep 24, 2018 1:28 am 
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So here is a good example for why universities should not be in the business of investigating sexual assaults/rape under Title IX:

https://hotair.com/archives/2018/09/19/ ... ape-cases/

Quote:
University Of Maryland Campus Accused Of Mishandling, Covering Up Rape Cases

JAZZ SHAWPosted at 4:31 pm on September 19, 2018

All too often we’ve seen cases of universities demanding that they be allowed to handle reports of rape and sexual assault as they see fit under Title IX, sometimes resulting in accused students not being given access to legal counsel and effectively being convicted of serious crimes without ever having their day in court. But at the University of Maryland’s Baltimore County campus, the opposite, but equally damaging situation has allegedly taken place. Students there have filed a federal lawsuit and staged protests over claims that multiple female co-eds were raped on campus and the school covered up the incidents to protect their athletes. (CBS Baltimore)

The President of UMBC is apologizing, saying the school needs to do more in the wake of explosive allegations.

Two college students are claiming they reported rapes, only to have the cases covered up by University and county leaders in Baltimore County.

From the center of campus Monday, University of Maryland Baltimore County students shouted a message intended to reach the school’s top offices, on the heels of a federal lawsuit.

The UMBC President Freeman Hrabowski met with students for more than an hour, which was captured by the Baltimore Sun.


Since we don’t have a proper resolution from the courts, it’s impossible to judge these claims on their merits, but the accusations sound damning. Plus, the fact that the administration of the university is already apologizing for “not doing a good enough job” makes it sound as if they know they’ve screwed this up majorly.

One freshman reported “a violent dorm room rape” in September of 2015. A report was made to campus police and a rape kit was collected. But the campus police described the circumstances of the alleged assault as “suspicious” and dropped the case, with the rape kit somehow being destroyed a month later. Last October, another female student at Towson reported having been “repeatedly raped by three UMBC baseball players.” In that instance, the report even went to the county police, but the case was dropped within 24 hours after consultation with university officials.

What is going on at UMBC? And more to the point, we’re once again left to wonder why the administration at a university is involved in any way with the handling of reports of violent crimes. When one of your students tells you they’ve been raped, whether your amateur opinion tells you it’s a valid complaint or not, you call the police. You make sure they file a complete report, collect a rape kit and support your students by following up and seeing that a proper investigation is done. If the accused boys are viable suspects, they belong on trial in a court of law, not some campus kangaroo court.

How does this continue to go on at so many colleges and universities? Title IX was never meant to substitute the judgment of the school administration or student body for that of law enforcement and the courts. UMBC clearly needs to be held accountable in these specific cases, but in the broader sense, universities should be charged with a crime if they fail to keep their students safe by trying to handle such law enforcement matters themselves.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Mon Sep 24, 2018 4:27 pm 
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Yep, let Law Enforcement handle the law enforcement.

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