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Posted on 1/26/12 at 9:21 pm to Nortizzle
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I didn't read all the pages, but did he really say that it was ok because the victim was drunk and would not have remembered?!!?
He did indeed, sir.
He went full retard.
Posted on 1/26/12 at 9:26 pm to Sherwood Brotron
quote:
People aren't even meant to live there.
lol wut?
Posted on 1/26/12 at 9:28 pm to 3rdandlong83
quote:
Makes a good point. People are more outraged by this, because it has to do with football, than actual murders going on in their communities. They'd rather see this guy put to death than a for real killer. Because they might cheer for a team that is rival of his. Sad, but true.
My God...where do you people come up with this stuff? shite, I'm only on page 3...
Posted on 1/26/12 at 10:16 pm to ChewyDante
The lawyer did a great job. He is backing the DA into a corner to get a plea or reduction of charges.
The lawyer established the "victim" was drunk and under age. That opens a couple of issues for the 18 year old if he testifies to the fact he was drinking.
The lawyer establishes the "victim" was passed out and cannot testify to what took place.
In this case there is video but there is only one person who can testify if in fact there was contact of his genital to the "victim". So far as I can tell, no such statement has been made. The issue then becomes whether or not the client made specific statements to anyone who is willing to be a witness that contact was made.
The lawyer established the "victim" was drunk and under age. That opens a couple of issues for the 18 year old if he testifies to the fact he was drinking.
The lawyer establishes the "victim" was passed out and cannot testify to what took place.
In this case there is video but there is only one person who can testify if in fact there was contact of his genital to the "victim". So far as I can tell, no such statement has been made. The issue then becomes whether or not the client made specific statements to anyone who is willing to be a witness that contact was made.
Posted on 1/26/12 at 10:45 pm to chilld28
I doubt they are devoting "substantial energy and attention" to the case. Hell just show up press play on the video and the perp gets what he gets.
Posted on 1/26/12 at 10:46 pm to T Rey WI
quote:
The lawyer established the "victim" was drunk and under age. That opens a couple of issues for the 18 year old if he testifies to the fact he was drinking.
It's not illegal for somebody under 21 to be drunk. He could say he was drinking with his parents. Completely legal in Louisiana.
Tea bagger deserves what he has coming. If he was dumb enough to put his balls on someone in public, he deserves this.
If its not that big a deal, then when explaining his sex offender tag he can just say it was a joke. People will understand, right?
Posted on 1/26/12 at 10:56 pm to MintBerry Crunch
Wait. What? I make no claim to having a working knowledge of La. law, but minors can be inebriated? For realzy?
/waiting on baited breath for approval of underage overconsumption
/waiting on baited breath for approval of underage overconsumption
Posted on 1/26/12 at 10:56 pm to MintBerry Crunch
I am not defending the teabagger. I hope the POS gets hammered. I was just attempting to point out what his lawyer appears to be doing and that it is likely his best option.
Posted on 1/26/12 at 10:59 pm to T Rey WI
quote:
The lawyer established the "victim" was drunk and under age. That opens a couple of issues for the 18 year old if he testifies to the fact he was drinking.
i'm not sure if "but he was really young" is a good defense to a sexual assault charge
Posted on 1/26/12 at 11:00 pm to NBamaAlum
quote:
Wait. What? I make no claim to having a working knowledge of La. law, but minors can be inebriated? For realzy?
Technically it's legal for minors to drink as long as they have a parent present. At least I'm pretty sure that's what the law is.
Posted on 1/26/12 at 11:02 pm to WaveHog
also, really thinkin the whole "and he was passed out so it doesn't matter" defense won't fly. i'm not even sure why that's included, 'cause otherwise it's free rein to grope sleeping chicks like it aint to thang.
Posted on 1/26/12 at 11:02 pm to T Rey WI
quote:
I am not defending the teabagger.
that's exactly what you did..
Posted on 1/26/12 at 11:06 pm to Ala Tide
quote:
Technically it's legal for minors to drink as long as they have a parent present. At least I'm pretty sure that's what the law is.
why is this even relevant one way or the other? the "he was asking for it" defense?
even if victim-dude goes up there and says "yeah i was totally trashed and passed out", that doesn't negate any element of a sexual assault charge.
This post was edited on 1/26/12 at 11:07 pm
Posted on 1/26/12 at 11:06 pm to Ala Tide
My God he has hired Crazy people as his lawyers! They really didn't think this one out. Bonehead move of the year..
Posted on 1/26/12 at 11:06 pm to Ala Tide
quote:
that's exactly what you did..
I did not defend anyone with the exception of the efforts of the lawyer. He is doing his job and I think doing it pretty well.
Posted on 1/26/12 at 11:07 pm to NBamaAlum
quote:
Wait. What? I make no claim to having a working knowledge of La. law, but minors can be inebriated? For realzy?
Louisiana was the last state to raise the drinking age from 18 to 21. They know that they have lots of college aged kids that came down for Mardi Gras and didn't want to miss out on that. However, they started coming under heavy pressure to change their laws or face the possibility of losing federal funds for highways and other projects. So, they came up with a loophole law that technically raised the drinking age to 21 but allowed places to serve 18 - 21 year olds provided that they were "with" someone of legal age.
That's how I remember it, anyway. Keep in mind that I haven't lived in LA in many years and things may have changed...and my memory isn't what it used to be. Someone else may give you a better detailed version of this.
Posted on 1/26/12 at 11:07 pm to WaveHog
quote:
why is this even relevant? the "he was asking for it" defense? even if victim-dude goes up there and says "yeah i was totally trashed and passed out", that doesn't negate any element of a sexual assault charge.and i doubt they charge him with a public intox or MIP, so i don't think he's at risk for anything besides embarrassment.
I was just responding to another poster who asked about the law that allows minors to drink in LA.
Posted on 1/26/12 at 11:26 pm to Ala Tide
If someone could, please provide something that allows underage overconsumption under the law in La.. TIA.
Also, sweet Christ folks. The "he wuz drunkzer so its cool" thing is not related to trial matters per se. These guys know its not going to trial, so they are hitting on the things that will make the ADA give a little on a plea deal.
Just because it isn't a defense, or it isn't allowed to be taken into consideration at trial, doesn't mean you can't bring it up in plea discussions..and that is what this is..
Also, sweet Christ folks. The "he wuz drunkzer so its cool" thing is not related to trial matters per se. These guys know its not going to trial, so they are hitting on the things that will make the ADA give a little on a plea deal.
Just because it isn't a defense, or it isn't allowed to be taken into consideration at trial, doesn't mean you can't bring it up in plea discussions..and that is what this is..
Posted on 1/26/12 at 11:29 pm to NBamaAlum
quote:
If someone could, please provide something that allows underage overconsumption under the law in La.. TIA.
I live here. You can legally be served (not just drink) in a restaurant, etc. if you are with your parents as long as you are 18. State law.
But, even if it was illegal, its not against the law for an 11 year old to have alcohol in their system anywhere in the United States. It's only against the law for them to be caught in the act drinking.
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