maddogdrivethru.net

Open all night
It is currently Mon Jul 23, 2018 5:54 am

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 117 posts ]  Go to page Previous  1 ... 8, 9, 10, 11, 12
Author Message
 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Dec 27, 2017 1:41 pm 
Offline
Sergeant Major

Joined: Fri Dec 05, 2008 3:19 pm
Posts: 26292
Reputation points: 20000
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?

_________________
I haven't figured out how to the block thingy works but if anyone alters my posts I will become really, really angry and throw monkey poop out of my cage.


Top
 Profile E-mail  
 
 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Dec 27, 2017 1:43 pm 
Offline
Hair in the soap
User avatar

Joined: Wed Nov 12, 2008 12:46 am
Posts: 19121
Reputation points: 18052
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.

_________________
Image


Top
 Profile  
 
 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Dec 27, 2017 2:01 pm 
Offline
Sergeant Major
User avatar

Joined: Mon Sep 15, 2008 9:50 pm
Posts: 29490
Location: West coast of the east coast
Reputation points: 20000
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.

_________________
The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.
- misattributed to Alexis De Tocqueville

No representations made as to the accuracy of info in posted news articles or links


Top
 Profile E-mail  
 
 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Mon Feb 19, 2018 2:52 pm 
Offline
Sergeant Major
User avatar

Joined: Mon Sep 15, 2008 9:50 pm
Posts: 29490
Location: West coast of the east coast
Reputation points: 20000
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...

_________________
The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.
- misattributed to Alexis De Tocqueville

No representations made as to the accuracy of info in posted news articles or links


Top
 Profile E-mail  
 
 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Mon Feb 19, 2018 3:28 pm 
Offline
Sergeant Major

Joined: Fri Dec 05, 2008 3:19 pm
Posts: 26292
Reputation points: 20000
De Voss and Ruthie Ginsberg agree on something?

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

_________________
I haven't figured out how to the block thingy works but if anyone alters my posts I will become really, really angry and throw monkey poop out of my cage.


Top
 Profile E-mail  
 
 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Tue Feb 20, 2018 9:43 pm 
Offline
Sergeant Major
User avatar

Joined: Tue Feb 01, 2011 3:06 pm
Posts: 11024
Location: inside your worst nightmare
Reputation points: 14095
A "feminist" acting like a humanist. Good lord!

_________________
Anthro's NSFW Thread


Top
 Profile E-mail  
 
 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed May 16, 2018 11:12 am 
Offline
Sergeant Major
User avatar

Joined: Mon Sep 15, 2008 9:50 pm
Posts: 29490
Location: West coast of the east coast
Reputation points: 20000
An incident where the places are traded:


_________________
The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.
- misattributed to Alexis De Tocqueville

No representations made as to the accuracy of info in posted news articles or links


Top
 Profile E-mail  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 117 posts ]  Go to page Previous  1 ... 8, 9, 10, 11, 12

All times are UTC - 5 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 5 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group