Bills punter accused of rape

[GreenCow]

??

You have to be convicted in a criminal trial.

So you're saying they'd go ahead with a trial with a lesser charge while investigating the greater charge?

I've never ever heard of such a thing.

You don’t have to go to trial to be put in jail.

You know that, right?

You have to go to trial to be put in prison.

DA will often indict a criminal on a lesser charge while investigating a larger charge. Extremely common.

 

[XLIX]

If what you said is correct, he should already be in jail. You don't need an investigation to know that he was 21 and she was 17. Right?

Uh, yeah you do. You need an investigation for anything and everything.

Its literally on their drivers license (birth dates).

They could continue the gang-rape investigation while he is in custody for the statutory rape. .

Statutory rape is not a crime they would keep someone in custody for. Don’t get me wrong, it would not be unheard of for a guy to be arrested and held a day or two until the arraignment, but they aren’t going to hold someone in custody for 10 months awaiting trial on that charge. He would be released on his own recognizance, perhaps with some new ankle jewelry.

 

[GreenCow]

Uh, yeah you do. You need an investigation for anything and everything.

Statutory rape is not a crime they would keep someone in custody for. Don’t get me wrong, it would not be unheard of for a guy to be arrested and held a day or two until the arraignment, but they aren’t going to hold someone in custody for 10 months awaiting trial on that charge. He would be released on his own recognizance, perhaps with some new ankle jewelry.

You should watch a dateline or two.

 

[MoVaughn4Prez]

We get it, man. It’s a bad story and you’re upset. Let’s not ****post about abortion. Put a “my body, my choice” flag in your avatar if you need to, and let’s stay on topic.

What now? Please direct me to this flag.

 

[XLIX]

??

You have to be convicted in a criminal trial.

So you're saying they'd go ahead with a trial with a lesser charge while investigating the greater charge?

I've never ever heard of such a thing.

You would not proceed with a trial on a lesser charge while still investigating the greater charge.

However, it would not be unusual to arrest someone on a lesser charge while still investigating the greater charge. Remember that Brian Laundrie van life guy who killed his girlfriend? When the court finally issued a warrant for his arrest, they issued it for credit card fraud (he was using her cards). Had the authorities actually found him before he killed himself, that would have been the basis of their arrest while they continued assembling the evidence of the murder.

 

[XLIX]

You should watch a dateline or two.

Ha ha ha…. The fact that you get your law from Dateline says all that we need to know here.

 

[GreenCow]

Ha ha ha…. The fact that you get your law from Dateline says all that we need to know here.

I mean, it’s REAL law lol. It’s not a scripted show, it’s interviews with actual detectives.

 

[GreenCow]

However, it would not be unusual to arrest someone on a lesser charge while still investigating the greater charge.

That’s what i’ve been trying to explain to Upstater for two pages now.

 

[XLIX]

I mean, it’s REAL law lol. It’s not a scripted show, it’s interviews with actual detectives.

You’re obviously not familiar with the side mounted gas tank scandal, but I digress….

That’s what i’ve been trying to explain to Upstater for two pages now.

There comes a point where the prosecution has to piss or get off the pot. A judge will decide the severity of the crime, the flight risk of the accused, the judge’s own opinion regarding the guilt or innocence of the accused, and other mitigating factors.

Keeping in mind that one judge may do ABC while another does XYZ, in my opinion it would be extremely difficult to hold Araiza for a prolonged period of time in the case while awaiting trial. AFAIK there is no prior record. He would place a call to Chico’s Bail Bonds and be released.

 

[XLIX]

So am I the only one who thinks the plaintiff blew it by suing so soon? If this guy loses his job, he’s as broke as you and me. She may win the case but you can’t draw blood from a stone.

 

[Jim Beankie]

So am I the only one who thinks the plaintiff blew it by suing so soon? If this guy loses his job, he’s as broke as you and me. She may win the case but you can’t draw blood from a stone.

After trying to get traction on this case for close to a year, guessing that's not her MO. It'd look way more like a "shakedown" if the dude made the team first before they proceeded. At this point, if it weren't frowned upon, she'd probably rather do what Jimnance is suggesting.

Edit: It looks like the plaintiff's side contacted the Bills general counsel on 8/1 and on 8/14 said that they were going to proceed (the day after the 82 yd punt). They probably just wanted the BIlls to cut him, but instead the Bills doubled down and cut Haack. Interesting that the BIlls never bothered to interview the victim as part of their investigation (supposedly) and kept their head in the sand. We'll see how it all plays out.

 

[Triumph]

yes but that's on the school - not Araiza.

The Buffalo Browns never reached out to the rape victim.

They were hoping that it would all go away. Your Punter tried to settle with paying the girl off.

 

[XLIX]

After trying to get traction on this case for close to a year, guessing that's not her MO. It'd look way more like a "shakedown" if the dude made the team first before they proceeded. At this point, if it weren't frowned upon, she'd probably rather do what Jimnance is suggesting.

She’s suing the landlord/owner of the house (which is a company) where the assault took place. So let’s not act as if this is nothing but a pure and righteous attempt to gain justice in the criminal court system.

 

[Triumph]

So am I the only one who thinks the plaintiff blew it by suing so soon? If this guy loses his job, he’s as broke as you and me. She may win the case but you can’t draw blood from a stone.

I will play.

No numbnuts. What should they do? Wait 4 years until his rookie contract is up? This guy makes no money. Matt Araiza Contract Details, Salary Cap Charges, Bonus Money, and Contract History | Over The Cap

 

[XLIX]

I will play.

No numbnuts.

You know, you really don’t have to be an assh*le 100% of the time. You can do us a favor and sometimes put it on the shelf for a while.

Into the block file you go.

 

[Triumph]

You know, you really don’t have to be an assh*le 100% of the time. You can do us a favor and sometimes put it on the shelf for a while.

Into the block file you go.

The woman is suing the school.

Where the real money is.

 

[Jim Beankie]

She’s suing the landlord/owner of the house (which is a company) where the assault took place. So let’s not act as if this is nothing but a pure and righteous attempt to gain justice in the criminal court system.

Thanks for the info, although I certainly didn't mean to imply that it was simply pure and righteous, as we'll never know what the gal's internal motives are versus the influential people around her (relatives/lawyers/friends - similar to PuntDog's parents asking about the possibility of a settlement). Do you have a reference to that other lawsuit?

Edit: never mind - right on the darn lawsuit, duh - thx

(Always) playing devil's advocate, I can certainly spin this in the pure and righteous bucket - make it so that it puts other college town landlords on notice for stuff like this (yeah good luck with that, tho, although I am a landlord of a multi in a college town, so it did pique my interest).

38. SLJ was negligent in its use or maintenance of the Residence, e.g. that SLJ, its employees, agents, managers, and members, knew or should have known that Araiza, Leonard, and Ewaliko would do the things alleged above, but failed to take any reasonable steps to make the premises safe. For example, SLJ knew or should have known that the tenants were using the Residence for frequent, raucous parties involving underage drinking, and that they were using these parties to get young women intoxicated and have sex with them, that these same tenants had dangerous and violent propensities, and that these parties were so out of control, and there were so many complaints, that the police had to respond to the Residence on multiple occasions. 39. As a legal result of this negligence, Doe suffered damages, and will continue to suffer damages, including but not limited to, past and future medical expenses, past and future lost earnings and earning capacity, pain, suffering, emotional distress, mental anguish, and embarrassment.

 

[XLIX]

Thanks for the info, although I certainly didn't mean to imply that it was simply pure and righteous, as we'll never know what the gal's internal motives are versus the influential people around her (relatives/lawyers/friends - similar to PuntDog's parents asking about the possibility of a settlement). Do you have a reference to that other lawsuit?

Edit: never mind - right on the darn lawsuit - thx

FWIW, please don’t get me wrong, I am not criticizing her for trying to get some “financial justice” out of the situation. I think it’s the smart thing to do.

The leasing company will probably settle and get themselves removed from the lawsuit. The SDSU football players (besides Araiza) probably don’t have terribly much money (although I admit I am just guessing here). As for Captain Chlamydia himself…. well, he may very well soon be unemployed without terribly much money either.

 

[XLIX]

IMHO this is going to come down to the forensic evidence gained from the rape kit. By her own admission, she was already drunk when she got there and her memory of everything is extremely hazy.

If Araiza mounts a defense that he never touched her and this is a case of mistaken identity, then IMHO she is going to have an extremely hard time demonstrating his guilt UNLESS he did indeed leave some DNA behind (in which case he’s up the river).

Her own diary written the day after the assault simply describes the man she now claims is Araiza as “white, brown hair”. That alone is not exactly what I would call proof beyond a reasonable doubt Araiza is that guy.

 

[1960Pats]

Even if Araizas legal team convince the court that the sex was consensual, she was still under age.

I remember seeing a guy with one leg get out of a car. When I expressed sympathy for him I was told by one of my crew, a local guy, that he lost his leg after he had sex with his underaged baby sitter and the girl's father and brother smashed his leg so bad that it was lost. I didn't feel as much sympathy for the guy after that.

Unfortunately, cases like the latest one are happening very often. The colleges seem to be a breeding ground for this kind of behavior and if the player's any good he can go on to become rich in the NYFL and be worshiped by millions of fans. This guys problem is that he's just a punter.