Bad News Coming at Vandy...

Anyone else read David Climer's fluff piece on ACS this morning? Pretty much praised him for overcoming the adversity of being "wrongly identified".
 
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Someone reads Gail Ker?

Well, it's a good question she asks. Like her, I'm concerned about Boyd's credibility. If he is the star witness, the defense lawyers are going to have a heyday trying to make him look unreliable to the jurors b/c of the alleged "misidentification."
 
That's because those sanctimonious assh*les think they do no wrong. Hell, every thread related to the rape case is getting moved from the football forum over to some pathetic forum called the coffee shop. It appears even the poor vandymania moderators are just wanting to sweep it under the rug and hope that sh*t stain will just go away. Here's a clue Don Yates, you hypocritical piece of crap, it won't. Keep moving the threads and trying to hide from the truth. Your idiocy is only exceeded by your hypocrisy.

Gail Kerr of the Tennessean writes a nice article in today's paper asking what all of us have been asking. How could Boyd misidentify Carta-Samuels? Oh, what a tangled web we weave when at first we try to deceive.

http://www.tennessean.com/article/2...ch-about-Vanderbilt-rape-case-remains-mystery

A like for you, sir. Fight the good fight.
 
Well, it's a good question she asks. Like her, I'm concerned about Boyd's credibility. If he is the star witness, the defense lawyers are going to have a heyday trying to make him look unreliable to the jurors b/c of the alleged "misidentification."

I think the prosecution has severely weakened their case. I really doubt any of the four stand trial or do much if any jail time.
 
Someone reads Gail Ker?

Not usually, but I did on this occasion. She raises some good points.

I think the prosecution has severely weakened their case. I really doubt any of the four stand trial or do much if any jail time.

They'll all take a plea agreement. If it goes to trail, I think everyone will be questioning Boyd's character after he couldn't even get the names right.
 
The only way there's a plea deal is if the defendants agree to serious prison time. With the limited facts that are public knowledge, the defendants aren't getting away with less than 7-10 years.

If you're the defendants, you may have a better chance by going to trial. Boyd's credibility is completely ruined and the DA has acknowledged that he content of Boyd's text messages is unreliable. So, what evidence does the DA have left?

- a victim who was allegedly unconscious at the time and allegedly has no recollection of the events;
- explicit photos/videos that may not necessarily show that the acts were not consensual;
- a dorm security camera that shows some alarming behavior (we still don't know what the security camera caught);
- what else?

Unless a defendant flips or confesses, there are no witnesses. The witnesses for before and after the alleged act are going to have their credibility under attack. Maybe there's DNA evidence, but does that rule out the defense that this was all consensual?

If you're the defense, you do your damnedest to paint a picture to the jury that this is the mirror image of the Duke lacrosse scandal. Plant enough seeds that these guys are being railroaded because they're high profile athletes and hope for one juror to believe their version of events and get an acquittal.
 
Or let them walk and her dad/brother/uncle/mother will deal with it. Street justice is what these guys need. They like sodomy? I say give it to them, but this time they get to be awake. That's the best outcome IMO.
 
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If you're the defense, you do your damnedest to paint a picture to the jury that this is the mirror image of the Duke lacrosse scandal. Plant enough seeds that these guys are being railroaded because they're high profile athletes and hope for one juror to believe their version of events and get an acquittal.

Biggest difference I see in the two is in media coverage. the Duke situation was everywhere, nationally, from ESPN to nightly news to USAToday. Not seeing that much attention outside MidTen, and more coverage on rival message boards than news sites.
 
This isn't like Duke Lacrosse even if the Vandy players didn't do it. Tennessee does have Rape Shield laws rendering evidence of sexual promiscuity impermissible with certain exceptions. If you followed the Duke Lax case at all the accuser was and could have been impeached very easily even without taking her job and criminal history into account. (Which is also oftentimes excluded due to the propensity rule)

This is different on a lot of levels. Unconscious victim, apparent videotaping, security cameras, etc.
 
One point on the Duke lacrosse situation; it was well known the defendants came from wealthy families and their accuser was a self-admitted stripper. Right or wrong, her "character" and credibility were already in question from the get go and the seed for extortion of the players and/or their families was already planted.

In the Vanderbilt situation I doubt there's much hope or motive for receiving monetary retribution. If this girl is a student, as its assumed she is, money is probably not an object for her family and nor would this situation present itself as a possible extortion eopportunity.

On the issue of Boyd's credibility, I don't think his credibility has been lost because he truly lacks credibility and lied. I believe the DA and his attorney worked out a deal whereby Boyd basically retracts his text or indirectly does so by letting the DA say Boyd was in error, in order to protect ACS. In turn, Boyd is let off much easier.

Food for thought: Torrey Johnson is a Vandy grad, Boyd's attorney is a Vandy grad and former QB and the presiding judge is a Vandy grad.
 
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I think I've been misunderstood. I'm not saying this is like the Duke case at all - apples and oranges.

My point is that I don't think it's inconceivable for a defense attorney to compare the two in an attempt to discredit the prosecution's case in the eyes of the jury. The DA's case is looking pretty weak since it ruined the credibility of its star witness. So, what do you do as the defense? Paint the Nashville DA as as over zealous in the charges based on the available evidence. Then pause and remind the jury of a DA in Raleigh-Durham that was over zealous. All you have to do is pl nt the seed that the football players are being railroaded by a DA looking for a high profile scalp. You only have to convince one person.
 
I think I've been misunderstood. I'm not saying this is like the Duke case at all - apples and oranges.

My point is that I don't think it's inconceivable for a defense attorney to compare the two in an attempt to discredit the prosecution's case in the eyes of the jury. The DA's case is looking pretty weak since it ruined the credibility of its star witness. So, what do you do as the defense? Paint the Nashville DA as as over zealous in the charges based on the available evidence. Then pause and remind the jury of a DA in Raleigh-Durham that was over zealous. All you have to do is pl nt the seed that the football players are being railroaded by a DA looking for a high profile scalp. You only have to convince one person.

I don't think the DA is going to be overzealous though. I truly believe the DA has compromised this case intentionally for the sake of protecting Vanderbilt football and CJF. They've (as a fanbase) tasted success and don't want to see that dissipate so quickly. Didn't the Duke lax coach get fired/or resign over that whole ordeal? This case is being defended, prosecuted and presided over by Vanderbilt alumni (assuming Dozier hears the other cases like he did Boyd's). There's too much common/conflict of interest at stake with all parties involved.

My father in law, who is in the Davidson Co. court system, but not on the criminal side, and knows Torrey Johnson, seems to have his doubts on whether or not the DA office can prosecute this case ethically.
 
I think I've been misunderstood. I'm not saying this is like the Duke case at all - apples and oranges.

My point is that I don't think it's inconceivable for a defense attorney to compare the two in an attempt to discredit the prosecution's case in the eyes of the jury. The DA's case is looking pretty weak since it ruined the credibility of its star witness. So, what do you do as the defense? Paint the Nashville DA as as over zealous in the charges based on the available evidence. Then pause and remind the jury of a DA in Raleigh-Durham that was over zealous. All you have to do is pl nt the seed that the football players are being railroaded by a DA looking for a high profile scalp. You only have to convince one person.

They have video. They have video of an unconscious woman being raped and sexually assaulted by foreign object(s). That video IS the star witness. They have witness(s) that were told to destroy the video. As sad as it is for the victim, if this goes to trial the video must be shown to the jurors as evidence that a crime occurred. No way the defense can spin this as an "over zealous" prosecution.
 
The prosecutor read those texts into the court record. Prosecutors are obliged to turn over evidence to the defense for discovery but they are not obliged to present every piece of evidence in court. Why does the QB remain on their witness list if he wasn't present? And even if he didn't move the girl's body, if he showed up to help those who did he's just as guilty.

Finally, Carta-Samuels comes from money. Why hasn't he sued for slander? THAT is what rich families do and they do it even when they know they have little chance of success because it helps with damage control win or lose.

I don't know what happened but this is as fishy as a 3-day-old trout.
 

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