My Thoughts on the Winstongate Scandal

Discussion in 'Swamp Gas' started by UFLAW81, Nov 14, 2013.

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  1. iwannaperfectseason
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    iwannaperfectseason Active Member

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    I see it on the list, but it says by request only. It's not standard. Someone from the Alligator should ask Dr. Goldberger which date rape drugs he looked for in his analysis from last month.
    Last edited: Dec 7, 2013
  2. benheb
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    benheb Well-Known Member

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    What you've said here makes a lot of sense. It leaves me wondering how this plays out. Does this thing just fade away? Paradoxically, I think it will live on if fsu wins out but might go away otherwise
  3. JerseyGator01
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    JerseyGator01 Well-Known Member

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    I find his lack of a criminal record pretty irrelevant given his age and since high school athletes in this day and age are worshiped almost as much as college athletes.

    Polygraph tests anyone?
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  4. benheb
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    benheb Well-Known Member

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    I thought it was just posturing. He probably believes Winston did rape her. He's just doing his job.
  5. UFLAW81
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    UFLAW81 Premium Member

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    Winston is going to win almost every major award this year including the Heisman.

    This story will not go away.
  6. thedude60
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    thedude60 Active Member

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    • This case makes free shoes, Warrick etc. , very insignificant .. SI wrote columns, and old dadgummit hem hawed it away. Not this time, the mainstream 24 hour news has picked it up and will not let this fade away. Nancy grace, get your ass down to tally, a taylor made cause for Gloria Alred . Bill O'reilly and Geraldo have informed the Fox friends of the sickening corruption in tally, don't think for a minute Geraldo isn't chomping at the bit for one last investigative shot at redemption. This ties a corrupt city and county Gov. with a big time, turn your dadgum head football program that has been tainted by their by there partnership with with the tally boys for over 20 yrs.
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  7. GatorBen
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    GatorBen Well-Known Member

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    The defense could care all they want, but they probably wouldn't be allowed to present evidence of "she had sex with her boyfriend earlier in the day."

    There's a little evidentiary issue known as relevance, and I would love to hear the argument as to how having had consensual sex with her boyfriend prior to the alleged rape has even a shred of relevance to determining whether she had consensual sex with the person that she says raped her later that day.
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  8. 96Gatorcise
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    96Gatorcise Well-Known Member

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    did anyone else happen to pickup on what is on page 242:

    @fsucleatchasers.pic.twitter.com
    FAV

    I don't do twitter so I do not know what that means if anything
  9. gunit31
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    gunit31 Premium Member

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    Justice is blind. Justice has been raped. I held judgement until I read the report and all the educated posts on here. I would take out the accused while he was riding his scooter. He would be throwing TD's with 2 broken legs. Just saying.

    But seriously isn't the scooter evidence? The TPD need to seize it so he has to walk to class, darn it.
  10. buddhistgator
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    buddhistgator Active Member

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    As unseemly as it may be,
    As unseemly as it might be, a defendant has a right to explore the motives and behavior of the accuser. Her sex life would be more or less an open book in a courtroom. I think the OJ Simpson murder trial was a good example of that principle, but in that event they focused on the racial prejudice of an LAPD detective. Absolutely no evidence that the guy did anything wrong related to OJ's case, but they cherry picked his entire career and found that he wasn't perfect. Just trying to plant those little seeds of doubt. I believe that the young woman here is a victim, but she is not a virgin. PI's would go digging into her sexual past and they would find something to cast in a negative light, even if they had to invent it.

    The concept of women as prey is sad and scary. It's impossible to imagine being violated like that and having no recourse. I hope the young woman at least got a big chunk of dough from the FSU booster club and is able to put the pieces of her life back together. She'll probably never be able to accept another drink from someone without wondering if it's spiked.
  11. UFLAW81
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    UFLAW81 Premium Member

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    Laws have been passed in an attempt to limit this type of evidence.
  12. canadian_gator
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    canadian_gator Member

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    Famous jameis is innocent
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  13. GatorBen
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    GatorBen Well-Known Member

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    (2) Specific instances of prior consensual sexual activity between the victim and any person other than the offender shall not be admitted into evidence in a prosecution under s. 794.011. However, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not the source of the semen, pregnancy, injury, or disease; or, when consent by the victim is at issue, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the victim which is so similar to the conduct or behavior in the case that it is relevant to the issue of consent.

    (3) Notwithstanding any other provision of law, reputation evidence relating to a victim’s prior sexual conduct or evidence presented for the purpose of showing that manner of dress of the victim at the time of the offense incited the sexual battery shall not be admitted into evidence in a prosecution under s. 794.011.

    794.022, Fla. Stat.
  14. 96Gatorcise
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    96Gatorcise Well-Known Member

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    So wouldn't the way to get it in the record in this case be by putting Jamal Roberts on the stand? His DNA was in her pants. Wouldn't you just ask him how it got there and when?
  15. GatorBen
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    GatorBen Well-Known Member

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    Where the issue in the case is consent rather than whether sexual activity with the accused occurred, the fact that his DNA was also on her pants in and of itself would seem to be of questionable relevance.

    You're not asking it to contest whether the accused had sex with the victim, and you would have a mighty struggle to convince a judge that consensual sex with the boyfriend was evidence of a pattern of conduct so closely related to sex with a stranger as to bear on consent.

    I'm not sure there wouldn't be a decent argument for excluding any mention of his DNA at all, barring some explanation of relevance that I'm missing here.
  16. 96Gatorcise
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    96Gatorcise Well-Known Member

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    seems reasonable. I was thinking a good defense attorney would ask the question anyway knowing it would be objected. But once it is asked it would be in the juries mind. Even if they were told to disregard the question.
  17. GatorBen
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    GatorBen Well-Known Member

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    I would strongly suspect it would be the subject of a pretrial motion in limine, and the judge could potentially discipline an attorney for disregarding a ruling on that motion and asking the question in front of the jury anyhow. (And, to the degree it fell within the scope of 794.022, to present the evidence first requires the defense to present it to the judge outside of the jury's presence and satisfy the judge of the relevance.)

    The one way I see to potentially get it in would be to make the argument that the bruising and redness observed by the crisis nurse on the victim were the result of prior sex with the boyfriend and not the sexual encounter in question. You would first have to convince the judge that the evidence actually makes that a possibility though.
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  18. phideltgator
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    phideltgator Active Member

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    and so is OJ
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  19. UFLAW81
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    UFLAW81 Premium Member

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    "She got in the cab, went to his apartment and rode back on his scooter."
    The opening lines of the opening statement.
    "When her boyfriend found out she cried rape"
  20. UFLAW81
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    UFLAW81 Premium Member

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    I wonder to what extent race will play in the liberal medias coverage of this case?
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