Good news for AJ Johnson

#26
#26
Orange&White said:
You have to understand that just because these social media accounts will be released that does not mean the case is over. If she was being provocative or complicit through messages, that's a lot different than agreeing to engage in sexual acts. So even if she was up for it before the party, yet once it started to happen and said "no" then that's rape.
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True (although it could make it much harder to get a conviction at trial)... As hard as the DA's office has fought this, it seems like there could've been some messages sent after the incident in question occurred.
 
#27
#27
Orange&White said:
You have to understand that just because these social media accounts will be released that does not mean the case is over. If she was being provocative or complicit through messages, that's a lot different than agreeing to engage in sexual acts. So even if she was up for it before the party, yet once it started to happen and said "no" then that's rape.
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Yeah but they could have also been getting their stories synced up too.
 
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#28
#28
I think what they are wanting is what was said AFTER that night! Not before. AJ already has texts on his phone of what happened previous to that night.

Also I think that just because the defense is ok to seek this information doesn't mean they have a court order to get it. How are they going to get the information without a court order? And even with the court order how are they going to convince Facebook, twitter, etc to to violate privacy of users information??
 
#29
#29
Orange&White said:
You have to understand that just because these social media accounts will be released that does not mean the case is over. If she was being provocative or complicit through messages, that's a lot different than agreeing to engage in sexual acts. So even if she was up for it before the party, yet once it started to happen and said "no" then that's rape.
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Seems like after the heart rate goes up, the hearing ability goes away ...:thumbsup:
 
#30
#30
I agree with what everybody above me has said, and it's insane it's taken this long to get this case moving. It seems you're potentially talking some serious fair and speedy trial issues. In this case it does seem that there was a history between them and those social media messages may be huge in AJs case. In other cases it may not be as crucial. I have not read up on it enough to know all the facts though. And facts matter, especially in cases like this. Regardless, I hope justice is reached and both parties can move forward with their lives.

It is terrible that we live in a society with these problems. Either a young lady was raped or a young star has had his future taken from him. Neither outcome is acceptable.
 
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#31
#31
Orange&White said:
You have to understand that just because these social media accounts will be released that does not mean the case is over. If she was being provocative or complicit through messages, that's a lot different than agreeing to engage in sexual acts. So even if she was up for it before the party, yet once it started to happen and said "no" then that's rape.
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Correct, and that's the law.
 
#32
#32
Orange&White said:
You have to understand that just because these social media accounts will be released that does not mean the case is over. If she was being provocative or complicit through messages, that's a lot different than agreeing to engage in sexual acts. So even if she was up for it before the party, yet once it started to happen and said "no" then that's rape.
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I think they're more interested in the content AFTER the alleged rape.
 
#33
#33
CAVPUT said:
Problem is this society we now live in where a person is considered guilty until they prove their innocence. Ridiculous that his life has basically been put on hold for this length of time. We also have this little thing whereby a person is entitled to a speedy trial. Everything today is upside down and backward. Just wrong on so many levels.
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People are sue-happy. Lawyers, Shakespeare was right!
 
#34
#34
Headed For Home said:
This just highlights the total ineptitude that the prosecutors and the investigators have shown in this case.
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? Its like the epitome of the best judicial system in the world. I suppose you can look at it any way you wish, but c'mon man.
 
#35
#35
The prosecution is going to have to explain why the woman didn't walk away after she said "no" if she claims revocation of consent. No defensive wounds, no visible injuries, no torn clothing, no weapon involved, no use of force. An apartment full of people heard no screams or cries for help, saw no indication of a struggle, noted no signs of crying or distress afterward. She did not appear distraught and did not leave the apartment immediately; she spoke to people before leaving, smiled and said goodbye with no indication that anything was wrong. She spoke to neighbors outside the apartment and in the parking lot-- again, with no indication that anything was amiss. She did not call 911 from the scene or ask anyone to call for her from the party.

All of this is in incident reports, witness statements and media interviews. It's going to be challenging for the DA to meet the legal standard of proof in this case.
 
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#36
#36
jpope9 said:
its a rape case, the DA is always quick to file charges, see the Duke case.
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The trial lawyer class in Tennessee are leftist Democrats mostly. The Tennessean got involved and tried to make this "Duke rape case" all over again. It became political from the start, it was not then nor is it now about justice regarding this young man.
 
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#37
#37
BowlBrother85 said:
This reminds me more of the Kobe Bryant case... The DA's office in Eagle, Colorado stuck with the charges even after it was revealed that his accuser had shown up at the hospital for examination the day of the alleged rape with another man's semen and pubic hair in her underwear.
They would have never been able to prove who had caused her vaginal trauma and yet they pressed on with the charges and spent $200K on the investigation before the accuser told the prosecution that she was unwilling to testify the day before jury selection was to begin.
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Even whores can be raped.
 
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#39
#39
A key point in the decision is that the state appeared to go out of its way to avoid gathering and preserving electronic info that was relevant to the investigation. Defense will now argue that the state's failure to preserve this potentially exculpatory info has denied their clients due process and right to a fair trial. State has an absolute obligation to turn over all exculpatory evidence to defense. If defense cannot now retrieve the info which was readily available to the state during early stages of the investigation then a motion to dismiss the charges will likely be successful.
 
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#40
#40
Remy said:
The trial lawyer class in Tennessee are leftist Democrats mostly. The Tennessean got involved and tried to make this "Duke rape case" all over again. It became political from the start, it was not then nor is it now about justice regarding this young man.
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Remember " her"?
 

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#43
#43
can anyone clarify please? It seems the defense is looking at what the accusors were saying in the days after the alleged rape. They were discussing their position and making light of it I remember. Then they got rid of their phones because they both broke the same day. That could be very damaging for the prosecution.

but--are those posts still available. Can they be pulled up after all this time has passed?

What is the procedure for retrieving these old messages. Can it even be done on old deleted posts?

Any techies out there to enlighten us?
 
#44
#44
ru4real-really? said:
can anyone clarify please? It seems the defense is looking at what the accusors were saying in the days after the alleged rape. They were discussing their position and making light of it I remember. Then they got rid of their phones because they both broke the same day. That could be very damaging for the prosecution.

but--are those posts still available. Can they be pulled up after all this time has passed?

What is the procedure for retrieving these old messages. Can it even be done on old deleted posts?

Any techies out there to enlighten us?
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The short answer is yes, but there are a ton of obstacles to obtain that information.

They are wanting to retrieve social media accounts, so I'm thinking Twitter, Facebook, Instagram, etc. Now each of those companies have their own provacy policies for its users. For example, Snapchat says it deletes your posts as soon as it is opened by the other person. However, I'm uncertain on if it's kept on their internal servers. Others say they will keep it for a few days and so on. I'm not completely sure on their policies, but typically they do keep the records. Another issue might be if the alleged victim and her friends actually deleted the information or just destroyed their phones.

The defense lawyers will have to subpoena each social media account to produce that information. That presents an entirely new problem. The companies may decline and the defense will have to sue them to have a court require them to turn the information over. For example, look at Apple and the San Bernardino terror attack. It's a very complex battle and this is far from over in my opinion.
 
#45
#45
kell7517 said:
And good ole racist Sharpton put his two cents in on that case and said they should all go to jail. And once exonerated he NEVER apologized.
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In what PC world does a person need to apologize for wanting a rapist to go to jail?
 
#46
#46
It is my understanding, and I have never heard it disputed, that the alleged victim and AJ had consensual sex. She texted him, wanted to get together, they had in the past had a sexual relationship and they did that day. The question had been if the sex with the co-defendant had been consensual and if AJ had "helped" the co-defendant assault the alleged victim. I think social media could be critical concerning her attitude, comments, both before and after the alleged incident. If she also had a relationship with AJ's co-defendant it could be even more important. It will be a challenge to get all of this information, but it could be very important.
 
#47
#47
everything I read tells me the DA should drop the case.

Unless he is still running for reelection!

In that case bad press is better than no press I guess.

On a lot of fronts it is shamefull!
 
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#49
#49
peppervol said:
I do not. Who is she, feather?
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I'll answer since he has yet to, it is Anita Wadwhani, Tennessean reporter. She was assigned to this story even though she accused her own ex husband of violence during their divorce trial. No biased reporting going after AJ, right?
 
#50
#50
The DA is female if I remember correctly and had not been in office long when this all happened.
 
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