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One of the felony four is trying to get evidence tossed- trial set for March 5

Posted on 2/20/12 at 9:00 am
Posted by Alahunter
Member since Jan 2008
90738 posts
Posted on 2/20/12 at 9:00 am
quote:

Police pulled over a car driven by Mosley and occupied by the three other defendants shortly after the alleged robbery. They were detained until the alleged victims arrived at the scene and identified the four men as the perpetrators. Auburn police said they recovered a handgun, an air gun and the stolen property from the car.

Ben Hand, McNeil's attorney, argued in court filings last week that the traffic stop was illegal and the subsequent identification by the alleged victim -- called a "show-up identification" in the legal world -- was also inadmissible.

Hand argued that police did not have reasonable suspicion to stop the car as "both the car and the occupant did not meet the description of the alleged criminal." He also noted that the victims described the robbers as wearing masks or face-coverings.

"This means that the State could not have had a description of the people that committed the alleged crime," Hand wrote.


quote:

Trial for the four ex-players is tentatively set for March 5, although the case could be pushed back.

McNeil sought to play football last year at Livingstone College, a historically black liberal arts school in Salisbury, N.C., that competes in NCAA Division II, but NCAA transfer hurdles made it impossible, his attorney said.

Kitchens moved to Yuma, Ariz., according to court documents, and was on the Arizona Western College roster. Mosley spent last year at Fullerton (Calif.) College, a well-regarded junior college program in southern California. It's not clear if Goodwin has pursued football.


LINK

Posted by Aubie Spr96
lolwut?
Member since Dec 2009
41111 posts
Posted on 2/20/12 at 9:04 am to
Touche

quote:

AUBURN, Alabama -- The attorney for Harvey Updyke argued in new court filings last week that prosecutors have failed to demonstrate that the oak trees at Toomer's Corner should be considered a venerated object as defined by Alabama law.
Posted by Alahunter
Member since Jan 2008
90738 posts
Posted on 2/20/12 at 9:05 am to
You'll notice the Auburn publisher made one front page, while the other was buried.
Posted by jatebe
Queen of Links
Member since Oct 2008
18284 posts
Posted on 2/20/12 at 9:16 am to
One of these things is not like the other....

Player - One of the felony four

Fan - Updyke

Posted by gallagherkck
Member since Nov 2009
3223 posts
Posted on 2/20/12 at 9:21 am to
Players - late teens, early twenties.

Fan - 60s or 70s (rough estimation).


Clearly, a robbery is worse. Just arguing for shits sake.
Posted by Pigfeet
Ark Mods are Fascists
Member since Mar 2010
19783 posts
Posted on 2/20/12 at 9:30 am to
InB4ThugPOS
Posted by jatebe
Queen of Links
Member since Oct 2008
18284 posts
Posted on 2/20/12 at 9:33 am to
Players - the ones representing the school, most on scholarship, with the school paying for their education. The ones the coaches are suppose to be teaching and molding into good citizens.

Fans - people off the street that pay for tickets. School has no control over the average fan.

Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 2/20/12 at 9:34 am to
Ben Hand is one of the more expensive attorneys in town. Wonder where he got the money?
Posted by wdeinttown
Tuscaloosa
Member since Dec 2011
2976 posts
Posted on 2/20/12 at 9:36 am to
If they're guilty, which they most likely are, then they should receive a punishment that is appropriate for the crime they committed. But you can't blame someone for trying to use the system to their advantage. That is a right we all have.
Posted by Aubie Spr96
lolwut?
Member since Dec 2009
41111 posts
Posted on 2/20/12 at 9:38 am to


How many Auburn fans have you seen getting their picture taken with the felony four?
Posted by I Love Bama
Alabama
Member since Nov 2007
37714 posts
Posted on 2/20/12 at 9:42 am to
Killing trees and armed robbery are a little different.
Posted by jatebe
Queen of Links
Member since Oct 2008
18284 posts
Posted on 2/20/12 at 9:42 am to
quote:

How many Auburn fans have you seen getting their picture taken with the felony four?
Key word is fans. School has no control over fans.
Posted by hybrid3
Inside of 150
Member since Nov 2009
416 posts
Posted on 2/20/12 at 9:46 am to
This + a bazillion
Posted by MFBATR
Betty Ford Clinic
Member since Dec 2011
440 posts
Posted on 2/20/12 at 9:50 am to
It's a fricking tree. Comparing the two in any way shows how pathetic of a bunch y'all are. We take pictures with Harvey because it pisses you barners off.
Posted by plazadweller
South Georgia
Member since Jul 2011
11449 posts
Posted on 2/20/12 at 9:50 am to
Are any of the felony four still on the Auburn roster or under scholarship for that matter? They are no longer associated with Auburn. Also how many Auburn fans have defended and/or made light of the situation? :Inb4flamefestbegins:
Posted by beatbammer
Member since Sep 2010
38015 posts
Posted on 2/20/12 at 9:51 am to
quote:

It's a fricking tree. Comparing the two in any way shows how pathetic of a bunch y'all are. We take pictures with Harvey because it pisses you barners off.


updykes get sooooooooo mad.
Posted by DonAUfan
Louisiana
Member since Jun 2011
363 posts
Posted on 2/20/12 at 9:51 am to
It's all good. The University has disassociated themselves with the 4 ex-students. That's all it takes, right?
Posted by wdeinttown
Tuscaloosa
Member since Dec 2011
2976 posts
Posted on 2/20/12 at 9:54 am to
Auburn handled this the right way. Anyone still trying to act like this is a problem for Auburn is delusional. Certainly, it didn't look good for Auburn when it happened and for the sake of the school and the players I wish it had not happened. But this was an isolated incident and Gene Chizik promptly dismissed them from the team.
Posted by MFBATR
Betty Ford Clinic
Member since Dec 2011
440 posts
Posted on 2/20/12 at 9:54 am to
42-14 and laughing at dead trees...nah, I ain't mad.
Posted by beatbammer
Member since Sep 2010
38015 posts
Posted on 2/20/12 at 9:58 am to
quote:

42-14 and laughing at dead trees...nah, I ain't mad.


Such a great representative of the Bama Nation too.
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