Jump to content

2015-16 NHL thread


Recommended Posts

  • Replies 4.6k
  • Created
  • Last Reply

Top Posters In This Topic

QUOTE (Jenksismyb**** @ Sep 23, 2015 -> 03:45 PM)
I would think they would just reseal the bag for this very reason: you don't want two evidence bags out there.

 

End of the day, it's odd that the PD didn't say "yeah that's not our bag." If it is their bag, again, why the hell is it outside of the evidence room, separated from the evidence it should be containing?

 

If i'm the accuser's attorney i'm loving this. The DNA evidence hurts you already, now you're throwing the whole test into question. Now it's a he said/she said case with this really odd conspiracy/cover up angle.

Not sure why you would love it. Any possible physical evidence is now thrown out and a grand jury has to bring charges based on a he said/she said and circumstantial evidence. The odds of charges an/or a conviction significantly go down if physical evidence doesnt exist.

Link to comment
Share on other sites

QUOTE (RockRaines @ Sep 23, 2015 -> 04:02 PM)
Not sure why you would love it. Any possible physical evidence is now thrown out and a grand jury has to bring charges based on a he said/she said and circumstantial evidence. The odds of charges an/or a conviction significantly go down if physical evidence doesnt exist.

 

You're missing the amazing opportunity to claim conspiracy and cover-up with a high profile, rich, influential accused. The DNA evidence is bad for them already. This provides a new angle for them to argue there would be more evidence (damning evidence proving rape) but for the tampering/cover-up.

Link to comment
Share on other sites

I think I typed up about three or four hypothetical responses to what has happened today and ultimately erased all of them because there is no point. One thing I am sure of is that there are multiple parties involved in this that are completely incompetent and/or completely negligent of handling such a serious matter like it is a moving violation and not a rape. From the accusers lawyer...to the police department....and any inner departmental processes they may have...to the Hawks handling of all this...its all pathetic and the one that benefits from all this mishandling is Kane.

Link to comment
Share on other sites

QUOTE (Jenksismyb**** @ Sep 23, 2015 -> 04:43 PM)
You're missing the amazing opportunity to claim conspiracy and cover-up with a high profile, rich, influential accused. The DNA evidence is bad for them already. This provides a new angle for them to argue there would be more evidence (damning evidence proving rape) but for the tampering/cover-up.

 

I dunno, seems like proving a conspiracy would be quite a tall order

Link to comment
Share on other sites

QUOTE (Jenksismyb**** @ Sep 23, 2015 -> 04:43 PM)
You're missing the amazing opportunity to claim conspiracy and cover-up with a high profile, rich, influential accused. The DNA evidence is bad for them already. This provides a new angle for them to argue there would be more evidence (damning evidence proving rape) but for the tampering/cover-up.

what would that actually get them though?

 

edit: would all of these shenanigans even be admissible in civil court?

Edited by StrangeSox
Link to comment
Share on other sites

QUOTE (soxfan49 @ Sep 23, 2015 -> 06:07 PM)
There's a rumor floating around twitter that the accuser has a history of stalking athletes & lying. Again: "rumor."

That smacks of the kind of thing someone would just say for no reason and then the internet would run with it.

Link to comment
Share on other sites

QUOTE (Balta1701 @ Sep 23, 2015 -> 08:23 PM)
Basically as of now I'm going to throw up my hands and ignore this story until something official happens because it's officially crossed the line to surreal. I don't see any other way to respond to what we've seen so far.

 

quite wise grass hopper.

 

but joking aside, i just read 6 pages of what i missed.

 

the biggest thing i can think of, he now brings the momentum back on the victim side.

 

the next thing is to let the officials do their work to see if it is the bag or not.

 

on a side note, if it is the part of the same pkg ...... now comes the realm of the possibilities. in other word, some can call into question the actual dna testing or the integrity of the final results.

 

here is a question. what would you do if you were the hawks FO and the official statement is that it part of the official pkg????

 

do you still stand by your player???

 

or do you ask the league to step in and suspend Kane per CBA Article 18-A.5 ?????

Link to comment
Share on other sites

QUOTE (Jenksismyb**** @ Sep 23, 2015 -> 04:43 PM)
You're missing the amazing opportunity to claim conspiracy and cover-up with a high profile, rich, influential accused. The DNA evidence is bad for them already. This provides a new angle for them to argue there would be more evidence (damning evidence proving rape) but for the tampering/cover-up.

Claiming conspiracy as a last resort is borderline ambulance chasing. I sure hope that's not what they are trying to do. More and more this all looks like it's going to fade away.

Link to comment
Share on other sites

 

i like the armchair comment .... now i will do the same.

 

from this interesting chain of events. i bet there is going to be a whole set of rules to tighten up every little thing to protect the evidence.

 

next i see, if the bag is part of the kit / pkg, i can see several more civil actions. first to the police dept and next will be the labs who does the actual test and lastly the hospital that conducted or took the the samples.

 

i don't know.... maybe it is me, but i am going to use this completely different example and trying to make a point.

i am getting my tax return chk.

i rip the envelope and get the chk

now i throw the rip envelope away

someone who is see the envelope and see it

 

does that mean, by seeing the envelope that someone else took the chk????

 

that is my attempt at playing perry mason.

Link to comment
Share on other sites

QUOTE (LDF @ Sep 24, 2015 -> 08:59 AM)
i like the armchair comment .... now i will do the same.

 

from this interesting chain of events. i bet there is going to be a whole set of rules to tighten up every little thing to protect the evidence.

 

next i see, if the bag is part of the kit / pkg, i can see several more civil actions. first to the police dept and next will be the labs who does the actual test and lastly the hospital that conducted or took the the samples.

 

i don't know.... maybe it is me, but i am going to use this completely different example and trying to make a point.

i am getting my tax return chk.

i rip the envelope and get the chk

now i throw the rip envelope away

someone who is see the envelope and see it

 

does that mean, by seeing the envelope that someone else took the chk????

 

that is my attempt at playing perry mason.

 

Your tax return check is not subject to a chain of custody.

Link to comment
Share on other sites

QUOTE (KyYlE23 @ Sep 24, 2015 -> 03:12 PM)
Your tax return check is not subject to a chain of custody.

 

excellent counter.

 

but let me add this, for this discussion.

 

if the envelope is needed when all the evidence within the envelope is put away??

it is only the envelope.... the mailing envelope.

 

but as i said before, we the fans do not know the whole story and we do not know if this is real.

Link to comment
Share on other sites

QUOTE (LDF @ Sep 24, 2015 -> 09:19 AM)
excellent counter.

 

but let me add this, for this discussion.

 

if the envelope is needed when all the evidence within the envelope is put away??

it is only the envelope.... the mailing envelope.

 

but as i said before, we the fans do not know the whole story and we do not know if this is real.

I've had government drug tests that do need to follow chain of custody in theory and each time the actual sample as well as the bag containing the sample are both sealed and initialed by the tester at the hospital or test center. The bag that the attorney showed is not that type of container. IN fact my drug test for the FBI had their initials/signature as well as mine and they show you them sealing it in a bag.

Link to comment
Share on other sites

QUOTE (RockRaines @ Sep 24, 2015 -> 03:21 PM)
I've had government drug tests that do need to follow chain of custody in theory and each time the actual sample as well as the bag containing the sample are both sealed and initialed by the tester at the hospital or test center. The bag that the attorney showed is not that type of container. IN fact my drug test for the FBI had their initials/signature as well as mine and they show you them sealing it in a bag.

 

yes.... i too been in that situation since the mid 80's. that is why i was being cryptic in saying let the investigation do its thing.

 

but you do bring up a great point for some who is or has never thought of that.

Link to comment
Share on other sites

QUOTE (StrangeSox @ Sep 23, 2015 -> 05:42 PM)
what would that actually get them though?

 

edit: would all of these shenanigans even be admissible in civil court?

 

Well think about it: the DNA evidence now says that his DNA isn't anywhere near her vagina. It's on her shoulder. So she can't even prove they had sex, let alone that there was rape. But if she's going to maintain that story, she has to discredit the DNA testing somehow. This is a perfect way to do it. Claim some kind of tampering/conspiracy. Again, how on earth does that evidence bag separate itself from the evidence? Why isn't it in an evidence room?

 

Any mention of a cover-up/tampering is going to be kept from the jury unless there's some factual issue that there might have been a cover-up/tampering involved, then i'm sure it's allowed. It will also be allowed if the plaintiff allows the defendant to use the DNA testing as evidence they didn't have sex. That opens the door to question the credibility of the testing. But even if it's excluded, at this point the jury pool is tainted. I'm sure everyone in that area knows the story. That's all you need in a civil case, some kind of hook that provides a level of risk of taking the case to trial.

Link to comment
Share on other sites

QUOTE (RockRaines @ Sep 23, 2015 -> 08:50 PM)
Claiming conspiracy as a last resort is borderline ambulance chasing. I sure hope that's not what they are trying to do. More and more this all looks like it's going to fade away.

 

It's a last resort, but you have to argue the facts that you have. And what makes you think this is going away? It's growing and getting weirder by the day.

Link to comment
Share on other sites

QUOTE (Jenksismyb**** @ Sep 24, 2015 -> 09:42 AM)
Well think about it: the DNA evidence now says that his DNA isn't anywhere near her vagina. It's on her shoulder. So she can't even prove they had sex, let alone that there was rape. But if she's going to maintain that story, she has to discredit the DNA testing somehow. This is a perfect way to do it. Claim some kind of tampering/conspiracy. Again, how on earth does that evidence bag separate itself from the evidence? Why isn't it in an evidence room?

 

Any mention of a cover-up/tampering is going to be kept from the jury unless there's some factual issue that there might have been a cover-up/tampering involved, then i'm sure it's allowed. It will also be allowed if the plaintiff allows the defendant to use the DNA testing as evidence they didn't have sex. That opens the door to question the credibility of the testing. But even if it's excluded, at this point the jury pool is tainted. I'm sure everyone in that area knows the story. That's all you need in a civil case, some kind of hook that provides a level of risk of taking the case to trial.

 

No, we don't know what the DNA test results really are. We have some anonymous leaks. They may or may not be accurate.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.

×
×
  • Create New...