Myron: Mbakwe faces enrollment, suspension issues to hurdle
- Thread starter BleedGopher
- Start date
playhosea!
Chad Kolander groupie
- Joined
- Nov 20, 2008
- Messages
- 1,494
- Reaction score
- 0
- Points
- 36
Jury trial
This is just not reality. I have been around many criminal trials and seen many juries selected. I think it's more likely that jury selection would be completed in one day than taking "weeks" to finish. I think media coverage of super high profile cases warps public perception of how lengthy/complicated a trial like this would be. How many felony battery charges are there in Dade County in a year, do you think? If every one required "weeks and weeks" of trial, the courts would be backed up for 1,000 years.
This is just not reality. I have been around many criminal trials and seen many juries selected. I think it's more likely that jury selection would be completed in one day than taking "weeks" to finish. I think media coverage of super high profile cases warps public perception of how lengthy/complicated a trial like this would be. How many felony battery charges are there in Dade County in a year, do you think? If every one required "weeks and weeks" of trial, the courts would be backed up for 1,000 years.
anticallihan
Active member
- Joined
- Nov 12, 2008
- Messages
- 3,521
- Reaction score
- 0
- Points
- 36
I have been on Jury duty before, and hardly any picked a Jury in a day. I am not sure if this is race related or not, but that could also factor in the Jury taking longer.
I am still guessing the Lawyer is moving the date back as a favor to the player. His goal /job is to not only clear the players name, but to get him on the court.
GopherinPhilly,
Here is a quote from the story:
"We won't be going to trial during the season," Samms said via e-mail. "The court gave a date which I will extend at the next [calendar] call."
That, to me, reads as basketball being a factor.
Here is a quote from the story:
"We won't be going to trial during the season," Samms said via e-mail. "The court gave a date which I will extend at the next [calendar] call."
That, to me, reads as basketball being a factor.
I've been on jury duty too, and all 3 cases I was a part of selected their jury in one day. I guess these things can vary quite a bit, but I doubt that it takes a terribly long time unless there are unusual circumstances that make it hard to find a jury both sides can agree to.
WriterGoph
Well-known member
- Joined
- Jan 21, 2009
- Messages
- 6,058
- Reaction score
- 6,466
- Points
- 113
The people in here bit*hing because the trial is being delayed are a freaking joke. You know NOTHING!
Almost every trial gets delayed by either the defense or the prosecution for one reason or another. Trevor should definitely play until he is convicted of something.
Almost every trial gets delayed by either the defense or the prosecution for one reason or another. Trevor should definitely play until he is convicted of something.
GopherinPhilly
Well-known member
- Joined
- Nov 20, 2008
- Messages
- 4,590
- Reaction score
- 266
- Points
- 83
To me that reads as the Attorney is aware that his client is a basketball player and a statement of fact rather than a statement of reason.
WriterGoph
Well-known member
- Joined
- Jan 21, 2009
- Messages
- 6,058
- Reaction score
- 6,466
- Points
- 113
Throw the kid's future away? Yeah, that sounds like a great idea. You're a fool.
Also, it looks like Trevor's attorney's reason for delaying the trial also has to do with the fact that two key witnesses are also playing D-1 ball elsewhere this season and he doesn't want to disrupt their seasons by having them be involved in trial then. I'd say that totally makes sense.
http://www.twincities.com/sports/ci_13180890
underground629
Well-known member
- Joined
- May 9, 2009
- Messages
- 3,459
- Reaction score
- 64
- Points
- 48
Wow, great thinking. Even if he was falsely accused, which looks very possible, then I guess he should be punished for his history even if he wasn't involved in the incident. So by your logic, if Royce White were in his situation, we should just write him off as well. What if someone on the team with no criminal history were accused of the same thing? Should we then assume he is innocent because of his past and not write him off?
WriterGoph
Well-known member
- Joined
- Jan 21, 2009
- Messages
- 6,058
- Reaction score
- 6,466
- Points
- 113
Pretty sure Rotundo is a total DB and is just trying to stir the pot here. He does the same thing on the football board.
I mean, nobody could be that dim-witted.
I mean, nobody could be that dim-witted.
GopherHomer
Am I Though?
- Joined
- May 11, 2009
- Messages
- 2,494
- Reaction score
- 0
- Points
- 36
Rotundo is lame and should just go be a "fan" of Winona State or some other no-count, small time program. I'll never understand why someone would waste their time on a message board of a team that they don't support
Mbakwe
As a general proposition I support the University’s automatic suspension policy in cases where a student athlete has been charged with a serious crime. I think it is more important to preserve the integrity of the University and its sports programs than it is to win. At the same time, I think there are circumstances where application of the general rule might work an injustice, and for this reason I think the University’s policy rightfully permits the AD to lift the automatic suspension in appropriate cases. From what I know of the Mbakwe case, I think it MIGHT be an appropriate case in which to do just that
I am a retired lawyer. One of my former partners was the father of the captain of the Duke Lacrosse team who was falsely accused in the Duke Lacrosse rape prosecution. I am thus perhaps more sensitive than most as to the harm that can be suffered by false accusations of this nature.
From what I understand of the Mbakwe case, it is easily distinguishable, for example, from the Dominic Jones case. In the Jones case there was no question as to whether he and his teammates had engaged in potentially illegal conduct. It had been taped. Here, Mbakwe’s defense is alibi, which defense is apparently supported by four witnesses. I also understand that one or more similar assaults by a person matching Mbakwe’s description occurred in the same area subsequently at a time when Mbakwe was in Minnesota. The victim of the assault, moreover, identified Mbakwe from photos of his JC basketball team. The risk of misidentification when shown photos in this manner is very high. I understand, moreover, that an assault of this nature is out of character for Mbakwe. Assuming my understand of the facts is true, I think it would be wrong for Maturi to let the automatic suspension stand.
Some posters have drawn a negative inference from the fact that Mbakwe’s case has been delayed and his defense counsel has stated he will ask for a further delay. Those posters apparently assume that Mbakwe could have elected to be tried on August 26th when he was scheduled to appear in court. My assumption is that this was a preliminary hearing and, even if he had appeared on that date, the trial in all probability would not have occurred for some time after that in any event. There are many possible reasons why defense counsel would want to delay the case until after the basketball season. Not the least is the fact that one or more of his alibi witnesses are apparently basketball players who will be playing outside of Florida and thus beyond the subpoena reach of the Florida court.
As a general proposition I support the University’s automatic suspension policy in cases where a student athlete has been charged with a serious crime. I think it is more important to preserve the integrity of the University and its sports programs than it is to win. At the same time, I think there are circumstances where application of the general rule might work an injustice, and for this reason I think the University’s policy rightfully permits the AD to lift the automatic suspension in appropriate cases. From what I know of the Mbakwe case, I think it MIGHT be an appropriate case in which to do just that
I am a retired lawyer. One of my former partners was the father of the captain of the Duke Lacrosse team who was falsely accused in the Duke Lacrosse rape prosecution. I am thus perhaps more sensitive than most as to the harm that can be suffered by false accusations of this nature.
From what I understand of the Mbakwe case, it is easily distinguishable, for example, from the Dominic Jones case. In the Jones case there was no question as to whether he and his teammates had engaged in potentially illegal conduct. It had been taped. Here, Mbakwe’s defense is alibi, which defense is apparently supported by four witnesses. I also understand that one or more similar assaults by a person matching Mbakwe’s description occurred in the same area subsequently at a time when Mbakwe was in Minnesota. The victim of the assault, moreover, identified Mbakwe from photos of his JC basketball team. The risk of misidentification when shown photos in this manner is very high. I understand, moreover, that an assault of this nature is out of character for Mbakwe. Assuming my understand of the facts is true, I think it would be wrong for Maturi to let the automatic suspension stand.
Some posters have drawn a negative inference from the fact that Mbakwe’s case has been delayed and his defense counsel has stated he will ask for a further delay. Those posters apparently assume that Mbakwe could have elected to be tried on August 26th when he was scheduled to appear in court. My assumption is that this was a preliminary hearing and, even if he had appeared on that date, the trial in all probability would not have occurred for some time after that in any event. There are many possible reasons why defense counsel would want to delay the case until after the basketball season. Not the least is the fact that one or more of his alibi witnesses are apparently basketball players who will be playing outside of Florida and thus beyond the subpoena reach of the Florida court.
vagopher
I agree with your assessment of the situation and sympathize with Mbakwe, but I cannot say I agree with allowing Mbakwe to play out the season without having the court case settled one way or another. Without making 100% sure that he is innocent, the Athletic department may be forced to get involved in some form as Mbakwe will be the active player in the roster. I don’t know enough of the legal side of it to say anything with confidence. Nevertheless, a mere possibility of such sort of irks me as we may have to stake our reputation for it. It also would make a bad precedent. I understand that this thing does not occur frequently. But, if a similar case occurs again in future, and if the accused player is guilty, the defense may use the same tactic. I would add my opinion to the other camp saying that the case should be concluded asap.
I agree with your assessment of the situation and sympathize with Mbakwe, but I cannot say I agree with allowing Mbakwe to play out the season without having the court case settled one way or another. Without making 100% sure that he is innocent, the Athletic department may be forced to get involved in some form as Mbakwe will be the active player in the roster. I don’t know enough of the legal side of it to say anything with confidence. Nevertheless, a mere possibility of such sort of irks me as we may have to stake our reputation for it. It also would make a bad precedent. I understand that this thing does not occur frequently. But, if a similar case occurs again in future, and if the accused player is guilty, the defense may use the same tactic. I would add my opinion to the other camp saying that the case should be concluded asap.
Mbakwe
I'm sure we all would like to have this case resolved as soon as possible but the court's calendar and due process may well make that unrelastic. I've litigated in Florida, and like most states, their state courts are swamped. Perhaps, as someone has already suggested, a red shirt might be the best way to minimize prejudice to both the University and Mbakwe.
I'm sure we all would like to have this case resolved as soon as possible but the court's calendar and due process may well make that unrelastic. I've litigated in Florida, and like most states, their state courts are swamped. Perhaps, as someone has already suggested, a red shirt might be the best way to minimize prejudice to both the University and Mbakwe.
Roy Christensen
Trying to do it all!
- Joined
- Nov 21, 2008
- Messages
- 510
- Reaction score
- 4
- Points
- 16
Redshirt
There has been speculation that the "U" would petition the NCAA to count Trevor's freshman season at Marquette as a redshirt season thus enabling him to have three seasons of remaining eligibility with the Gophers.
There has been speculation that the "U" would petition the NCAA to count Trevor's freshman season at Marquette as a redshirt season thus enabling him to have three seasons of remaining eligibility with the Gophers.
In order to qualify for a redshirt, a player would have had to have played in less than 30% of his team's games with all of his playing time occurring in the first half of the season; Mbakwe doesn't meet either criteria.