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re: AU Softball ex player speaks about the charges (video & story)
Posted on 8/31/17 at 11:45 am to NYCAuburn
Posted on 8/31/17 at 11:45 am to NYCAuburn
I only know of this statute because we had a law school moot court competition centered around its interpretation, but, assuming that the girls accessed her phone without her permission, they most likely violated the Computer Fraud and Abuse Act ("CFAA"), specifically 18 U.S.C. 1030(a)(2)(C). This federal statute imposes both criminal and civil liability on those who access another's computer and take its information if that culprit didn't have access or exceeded the scope of her authorization in obtaining the info in question.
While this statute was designed to stop hackers, the exponential growth of computer technology has now criminalized seemingly innocuous activities. There would definitely be precedent to prosecute these girls under this statute.
Otherwise, a quick search of the criminal code revealed that criminal tampering in the second degree may apply under section 13A-7-26(a)(1). The actions fall within the scope of the statute's plain language, but I'd be interested to read an Alabama attorney's take on the criminal liability at play here.
While this statute was designed to stop hackers, the exponential growth of computer technology has now criminalized seemingly innocuous activities. There would definitely be precedent to prosecute these girls under this statute.
Otherwise, a quick search of the criminal code revealed that criminal tampering in the second degree may apply under section 13A-7-26(a)(1). The actions fall within the scope of the statute's plain language, but I'd be interested to read an Alabama attorney's take on the criminal liability at play here.
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Posted on 8/31/17 at 11:48 am to jatebe
Auburn culcha is toxic. Bayloresque.
Posted on 8/31/17 at 12:06 pm to jatebe
yawn.
lesbians arguing over a hetero girl getting some action.
lesbians arguing over a hetero girl getting some action.
This post was edited on 8/31/17 at 12:06 pm
Posted on 8/31/17 at 12:14 pm to TigersOfGeauxld
quote:
Anyone, anywhere, who locked me in a room for the purpose of "quarantining" me for three hours would lose my regard and loyalty just like that
You realize it was the entire team right? or at least basically the entire team. I bet that happens at least once a year with every sport. Someone gets arrested, potential NCAA violation, etc. and they have a long team meeting with possibly lawyers or AD staff that go over the allegations, implications, what to say and not to say to outsiders, etc.
She very well could be right, but she also could have taken a fairly normal meeting and tried to make it as big deal.
Posted on 8/31/17 at 12:22 pm to baldona
I was worried before the interview, but now I think she is just a woman scorned. The offender scumbag Corey resigned/fired which is the appropriate action.
The team moved on, but this one individual did not. Unless others come forward about this, then there is not much there.
Title IX protects the victim, but she is the one who is on TV etc, while Auburn cannot respond.
So exactly what happened to Alexa? Having to run? Sitting in a conference room on an away trip?
The team moved on, but this one individual did not. Unless others come forward about this, then there is not much there.
Title IX protects the victim, but she is the one who is on TV etc, while Auburn cannot respond.
So exactly what happened to Alexa? Having to run? Sitting in a conference room on an away trip?
Posted on 8/31/17 at 12:51 pm to NYCAuburn
quote:
quote:
Under almost any legal precedent it "isn't" illegal to have a photo of someone else's text messages. Assuming they didn't take her phone and passcode from a cabinet in her bedroom, what they did isn't illegal. It's insane the AAD made that assertion.
I would think it would have to be open and in plain view, otherwise it would be a no go. Sliding to unlock and accessing the app, I would think would be illegal
With no desire to go into the legalese. I believe a laymen's understanding would apply that if they were able to obtain the info by a reasonable mean...like she left it open or they took the picture over her shoulder in public spaces then it isn't an issue. If they stole it from her bedroom and broke her code you'd have more legal precedent. I still personally believe any manner to charge someone would be stretching any existing law...similar to the suggestions made in this thread.
This post was edited on 8/31/17 at 12:52 pm
Posted on 8/31/17 at 12:54 pm to TigersOfGeauxld
quote:
I'm pretty confident she will be vindicated.
What would make you think that? There is nothing in that interview that comes across as damning from a legal perspective.
Required statement: Cory deserved termination and it's embarrassing what happened.
However, she hasn't made a direct assertion about anything. Appears to not be in communication with teammates, which is the oddest part of it to me from a credibility perspective. Assuming she has a lawyer I can't believe they prepped her for that interview.
This post was edited on 8/31/17 at 12:55 pm
Posted on 8/31/17 at 1:10 pm to elit4ce05
quote:
So they broke the law and were being advised to cover it up. Kinda like "hide the body"?
As long as they didn't show it to her, she couldn't testify against them. Smart advice for someone looking out after their best interest.
Posted on 8/31/17 at 1:18 pm to jatebe
Posted on 8/31/17 at 3:02 pm to baldona
The Auburn fans are starting to sound a lot like the Ole Miss fans.
It's not just one player saying these things...
Former Auburn softball player alleges abuse, sexual harassment in 14-page complaint
Former players Blaire Bass, Whitney Jordan, and Haley Fagan are all quoted in the ESPN article.
It's not just one player saying these things...
quote:
Greenberg's letter alleges that on March 30, 2017, "several players approached Head Coach Myers with proof in the form of text messages from a student-athlete's cell phone that Coach Corey was having an inappropriate relationship with one of the student-athletes." According to the letter and several players, the team was then "quarantined" for several hours prior to a trip to Georgia. Five players told ESPN that, at that meeting, Auburn executive associate athletic director Meredith Jenkins told the players they were risking arrest for taking the text messages from their teammate's phone and ordered them to delete the messages.
Auburn officials and Clint Myers have been aware of the allegations for months. Over the past five months, an ESPN reporter has spent several days with the Auburn team and coaching staff and conducted dozens of interviews.
Recently, players associated with the program began discussing with ESPN a culture of routine manipulation, isolation and exploitation. Three former players spoke on the record about a program that, according to Nemeth, was "toxic" and "lacked any kind of institutional control." One former player, when asked if any of the coaches ever commented on her looks, said, "That's how it was determined if you were liked or not."
According to Fagan and others, the rift that opened between Auburn players and coaches on the subject of Corey Myers turned explosive on a March 27 bus trip to play the Florida Gators. Several former Auburn players said in interviews that an Auburn player took a photo of texts, described as intimate in nature, exchanged between Corey Myers and a teammate.
It was an act that set the stage for all that was to follow: an emotionally charged postgame confrontation between Fagan and Florida coach Tim Walton, who unwittingly stepped into the Auburn storm; the three-hour March 30 "quarantine" described in Greenberg's letter; the resignation of Corey Myers; and, perhaps most remarkably, the refusal of several members of the team, including Fagan and 2016 All-American Kasey Cooper, to board the bus to Athens in the company of the player who allegedly exchanged text messages with Corey Myers.
"We said that if she gets on, we're staying off," Fagan said. "It was a team decision."
Former Auburn softball player alleges abuse, sexual harassment in 14-page complaint
Former players Blaire Bass, Whitney Jordan, and Haley Fagan are all quoted in the ESPN article.
Posted on 8/31/17 at 3:27 pm to TigersOfGeauxld
That's what 4 girls out of 60? Two of which weren't good enough to play and one who is a habitual liar.
Posted on 8/31/17 at 3:37 pm to Irons Puppet
quote:while you are probably correct Shirley you can see the optics issue when it appears that the university is more concerned with its reputation than its coaches following policies.
She told them it was criminal to steal texts from someones phone. The inappropriate relationship was a separate issue.
Posted on 8/31/17 at 3:40 pm to JamalSanders
Jeebus man! You've got damning statements by a number of players, several more left the program, and both Meyers have "resigned".
The university is contradicting the athletic department on almost every statement.
How much smoke do you need before you acknowledge the fire?
The university is contradicting the athletic department on almost every statement.
How much smoke do you need before you acknowledge the fire?
Posted on 8/31/17 at 3:41 pm to jatebe
quote:
AL.com: Before filing a sexual discrimination complaint with Auburn's Title IX office, did you speak to anyone in athletics or the university?
Nemeth: "Yes, I went and I talked to Jay Jacobs and Meredith Jenkins at the beginning of the week of the (NCAA) Regionals about my concerns about the mental harassment of the coaching staff and about the violations of Title IX."
AL.com: What did Jay and Meredith say to you?
Nemeth: "They just nodded their heads and didn't really write anything down and (said) that the administration is there for the athlete and they'll do everything in their best interest to try to help us."
That is the part that grabbed my attention the most . . .
Posted on 8/31/17 at 3:42 pm to the808bass
quote:
quote:
She told them it was criminal to steal texts from someones phone. The inappropriate relationship was a separate issue.
while you are probably correct Shirley you can see the optics issue when it appears that the university is more concerned with its reputation than its coaches following policies.
The optics of this situation will always look bad for one party as long as you only hear from one side. AUs policy of not talking specifics pertaining to an open investigation will hurt them from a PR standpoint.
Posted on 8/31/17 at 4:02 pm to Irons Puppet
quote:
AUs policy of not talking specifics pertaining to an open investigation will hurt them from a PR standpoint.
Bad PR or not, that's the only proper way to respond. Jacobs has already planted both feet firmly in a pile of fresh dogshait with is earlier denial of an issue. If he'd simply said "I can't comment" the athletic department would have a lot more credibility on this issue right now.
The last thing in the freaking world they want to do now is make a statement and then have something else turn up in the investigation.
Posted on 8/31/17 at 5:17 pm to TigersOfGeauxld
And even more players have said it didn't happen. And only two players left the program.
Is there probably shite and house cleaning necessary, yeah. But to act like it is near the level of sex for play is Ludacris.
Is there probably shite and house cleaning necessary, yeah. But to act like it is near the level of sex for play is Ludacris.
Posted on 8/31/17 at 5:27 pm to jatebe
That is pitiful. Those poor abused young ladies.
Posted on 8/31/17 at 5:48 pm to jatebe
Totally scripted interview. She lost some credibility with it. I'm not saying there isn't some truth and action that needs to be taken but she's obviously been coached.
Quid pro quo is obviously the angle her attorney is choosing to take. Probably because it can be hard to trace and will end up his vs her word....which is why they are trying to discredit the school officials.
Consent is the other angle they could take. That one doesn't sound like it holds water. I'd imagine there is some evidence in some media that will prove one way or the other. Wait, they had to delete the evidence....exactly why the quid pro quo angle was taken.
By the way, there isn't any way I'd let that whore back in the team. She was a distraction before. She will be a distraction again.
Quid pro quo is obviously the angle her attorney is choosing to take. Probably because it can be hard to trace and will end up his vs her word....which is why they are trying to discredit the school officials.
Consent is the other angle they could take. That one doesn't sound like it holds water. I'd imagine there is some evidence in some media that will prove one way or the other. Wait, they had to delete the evidence....exactly why the quid pro quo angle was taken.
By the way, there isn't any way I'd let that whore back in the team. She was a distraction before. She will be a distraction again.
Posted on 8/31/17 at 5:51 pm to Aurebelman
quote:There's that AU fambly we hear about so much
By the way, there isn't any way I'd let that whore back in the team.
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