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Marshawn Lynch Accused of Sexual Assault (1 Viewer)

B

bumpman

Footballguy
Cal Football Star Accused of Assault on Ex Girlfriend

OAKLAND -- A former girlfriend is accusing former Cal star running back Marshawn Lynch of domestic violence and sexual assault.

KCBS has learned the Alameda County District Attorney is reviewing the woman's claims following an Oakland police investigation.

Lynch's attorney Gerry Schwartzbach denies the allegations.

KCBS has confirmed the woman was granted a restraining order against Lynch Friday morning. Schwartzbach says Lynch was unaware of the court hearing and did not attend.

In her complaint, the woman alleges Lynch choked, slapped and sexually assaulted her in Oakland the night of December 13th. She filed the civil complaint on December 19th, according to court documents obtained by KCBS.

Shwartzbach says Lynch was at the woman's home with a friend that night, but denies that any violence or sexual assault took place. He says Lynch was questioned by police and is co-operating with investigators.

Oakland police declined to comment, as did the deputy district attorney handling the case.

Lynch, the Pac-10 offensive player of the year and a first team All-American as a junior last season, left school early to enter the NFL draft. He is considered a likely first round draft choice. His last game for Cal was the Holiday Bowl victory over Texas A&M on December 28th. He attended Oakland Tech high school.

http://kcbs.com/pages/191060.php?contentTy...ontentId=296785

 
bumpman said:
Cal Football Star Accused of Assault on Ex Girlfriend

OAKLAND -- A former girlfriend is accusing former Cal star running back Marshawn Lynch of domestic violence and sexual assault.

KCBS has learned the Alameda County District Attorney is reviewing the woman's claims following an Oakland police investigation.

Lynch's attorney Gerry Schwartzbach denies the allegations.

KCBS has confirmed the woman was granted a restraining order against Lynch Friday morning. Schwartzbach says Lynch was unaware of the court hearing and did not attend.

In her complaint, the woman alleges Lynch choked, slapped and sexually assaulted her in Oakland the night of December 13th. She filed the civil complaint on December 19th, according to court documents obtained by KCBS.

Shwartzbach says Lynch was at the woman's home with a friend that night, but denies that any violence or sexual assault took place. He says Lynch was questioned by police and is co-operating with investigators.

Oakland police declined to comment, as did the deputy district attorney handling the case.

Lynch, the Pac-10 offensive player of the year and a first team All-American as a junior last season, left school early to enter the NFL draft. He is considered a likely first round draft choice. His last game for Cal was the Holiday Bowl victory over Texas A&M on December 28th. He attended Oakland Tech high school.

http://kcbs.com/pages/191060.php?contentTy...ontentId=296785
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:excited:
 
Why is she filing a civil complaint now? Were the authorities called the night of the incident?

 
LHUCKS said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
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:banned:
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Do you guys know Lynch? Not saying his a bad guy,but to say he is a good kid without backing it :bye: I hope he is a good kid. It would be sad if he did "choked, slapped and sexually assaulted her" I will keep an open mind on him till we learn what is the truth. She did file and was granted a restraining order against Lynch. I know that not the same as assault,but something is not right. I will be keeping a close eye on this because I have the #2 overall in my dynasty league Sad is we only care becase of our FFteams, but then again crap like this is allover the world everyday. We are not tlking about them because they don't play football
 
Enoch said:
LHUCKS said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
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:yawn:
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Do you guys know Lynch? Not saying his a bad guy,but to say he is a good kid without backing it :cry: I hope he is a good kid. It would be sad if he did "choked, slapped and sexually assaulted her" I will keep an open mind on him till we learn what is the truth.

She did file and was granted a restraining order against Lynch. I know that not the same as assault,but something is not right. I will be keeping a close eye on this because I have the #2 overall in my dynasty league

Sad is we only care becase of our FFteams, but then again crap like this is allover the world everyday. We are not tlking about them because they don't play football
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Assuming this happened in CA which seems highly likely, the burden of proof for someone seeking a civil restraining order is "clear and convincing evidence". The only higher burden of proof you'll find in law is "beyond a reasonable doubt". In other words you don't get one of these civil restraining orders very easily, and usually a "he said, she said" hearing won't be adequate. She almost certainly needed some other evidence external to their relationship, whether that is testimony from other witnesses or photos of injuries, police testimony, etc.

The courts are reluctant to simply give these out to anyone who asks because it goes on your police record even though it's a civil order so that, in the event there's a future incident involving the people who are the subjects of the order, the police if they are called can know that fact immediately and arrest the person who has violated the order.

 
redman said:
Enoch said:
LHUCKS said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
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:2cents:
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Do you guys know Lynch? Not saying his a bad guy,but to say he is a good kid without backing it :mellow: I hope he is a good kid. It would be sad if he did "choked, slapped and sexually assaulted her" I will keep an open mind on him till we learn what is the truth.

She did file and was granted a restraining order against Lynch. I know that not the same as assault,but something is not right. I will be keeping a close eye on this because I have the #2 overall in my dynasty league

Sad is we only care becase of our FFteams, but then again crap like this is allover the world everyday. We are not tlking about them because they don't play football
Click to expand...
Assuming this happened in CA which seems highly likely, the burden of proof for someone seeking a civil restraining order is "clear and convincing evidence". The only higher burden of proof you'll find in law is "beyond a reasonable doubt". In other words you don't get one of these civil restraining orders very easily, and usually a "he said, she said" hearing won't be adequate. She almost certainly needed some other evidence external to their relationship, whether that is testimony from other witnesses or photos of injuries, police testimony, etc.

The courts are reluctant to simply give these out to anyone who asks because it goes on your police record even though it's a civil order so that, in the event there's a future incident involving the people who are the subjects of the order, the police if they are called can know that fact immediately and arrest the person who has violated the order.
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All my ex did was scream and yell and threaten and the judge offerred me a restraining order like fries at the check out window... in California. Despite the burden of clear and convincing, they are very easy to obtain. My nephew's ex boss accused him of grand theft. They had a very tense argument. My nephew was granted a restraining order on the recommendation of a cop who delivered it on the hour like a pizza.
 
Enoch said:
LHUCKS said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
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:2cents:
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Do you guys know Lynch? Not saying his a bad guy,but to say he is a good kid without backing it :mellow: I hope he is a good kid. It would be sad if he did "choked, slapped and sexually assaulted her" I will keep an open mind on him till we learn what is the truth.
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No, I don't know him. I have read a number of bio and human interest pieces on him over the years. He's no trouble maker. He's a hardworking humble, shy and quiet kid, who spends most of his time with his football family or his real family. Personality wise he is much like Mo Drew, thus I brought the baloney that was sent his way last year before the draft. Did he have a girlfriend and things went wrong? Apparently so. Happens all the time. Am I worried about Marshawn Lynch's character? Not in the slightest. I remember PMing Jags fans who were pretty worked up about Drew last year. I was right about him and I am right about Lynch. Draft him with confidence regardless of what comes out of this story.
 
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Chaos Commish said:
redman said:
Enoch said:
LHUCKS said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
Click to expand...
:sadbanana:
Click to expand...
Do you guys know Lynch? Not saying his a bad guy,but to say he is a good kid without backing it :hot: I hope he is a good kid. It would be sad if he did "choked, slapped and sexually assaulted her" I will keep an open mind on him till we learn what is the truth.

She did file and was granted a restraining order against Lynch. I know that not the same as assault,but something is not right. I will be keeping a close eye on this because I have the #2 overall in my dynasty league

Sad is we only care becase of our FFteams, but then again crap like this is allover the world everyday. We are not tlking about them because they don't play football
Click to expand...
Assuming this happened in CA which seems highly likely, the burden of proof for someone seeking a civil restraining order is "clear and convincing evidence". The only higher burden of proof you'll find in law is "beyond a reasonable doubt". In other words you don't get one of these civil restraining orders very easily, and usually a "he said, she said" hearing won't be adequate. She almost certainly needed some other evidence external to their relationship, whether that is testimony from other witnesses or photos of injuries, police testimony, etc.

The courts are reluctant to simply give these out to anyone who asks because it goes on your police record even though it's a civil order so that, in the event there's a future incident involving the people who are the subjects of the order, the police if they are called can know that fact immediately and arrest the person who has violated the order.
Click to expand...
All my ex did was scream and yell and threaten and the judge offerred me a restraining order like fries at the check out window... in California. Despite the burden of clear and convincing, they are very easy to obtain. My nephew's ex boss accused him of grand theft. They had a very tense argument. My nephew was granted a restraining order on the recommendation of a cop who delivered it on the hour like a pizza.
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I will say that they are easier to get in domestic situations than they are involving people who don't live together. My last experience was trying to get one in which two pairs of next door neighbors got into a fist fight, resulting in one set of neighbors getting arrested, and the 80-year old mother of the other neighbor having a broken arm and her son going to the hospital. I couldn't even with that evidence convince the judge that she should issue a civil restraining order. :shrug:

 
Maybe it happened, maybe it did not...either way, it's very shady that she comes out a month or so later to report it. I have to question her motive at this point.

 
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Bizkiteer said:
Maybe it happened, maybe it did not...either way, it's very shady that she comes out a month or so later to report it. I have to question her motive at this point.
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Well, she apparently did file a police complaint right after the incident. :sadbanana: I agree with your general point though- only time will tell what all of this means.

 
i realize due to pain & embarrasment (in case of an actual assault), some women never press charges...

but in cases where the woman DOES file a complaint, is it unusual to do do almost a week after alleged assault, or not?

 
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redman said:
Bizkiteer said:
Maybe it happened, maybe it did not...either way, it's very shady that she comes out a month or so later to report it. I have to question her motive at this point.
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Well, she apparently did file a police complaint right after the incident. :D I agree with your general point though- only time will tell what all of this means.
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Why do most people not even read the article?
In her complaint, the woman alleges Lynch choked, slapped and sexually assaulted her in Oakland the night of December 13th. She filed the civil complaint on December 19th, according to court documents obtained by KCBS.
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It happened on a Wednesday night and she filed the charges on the following Tuesday. Seeing as she probably couldn't get an attorney over the weekend, that sure doesn't seem like a long time to me.Seems like the timing of the article is that she was just "granted" the restraining order on Friday and thus the news outlets found out. To me, after just barely reading :bag: the article, it doesn't seem like shady timing on the woman's part.

Now, I know nothing about Lynch except he is from the PAC-10, which means LHUCKS jumps to his defense. I wonder if he was on the athlete's side of the fence with the Duke lacrosse thing back when we just heard the charges and knew nothing about the evidence. :D He might be innocent, he might not. Unfortunately, in FFL world, the only thing I thought of was that maybe he would fall in the draft and subsequently fall in FF drafts. Sad thing is that if this is real, it won't really deter many NFL teams at all.

 
Bob_Magaw said:
i realize due to pain & embarrasment (in case of an actual assault), some women never press charges...but in cases where the woman DOES file a complaint, is it unusual to do do almost a week after alleged assault, or not?
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Bob, look at the timeline and it doesn't seem long to me. First, it happened on Wednesday night so if she opened up to someone about it, it was probably sometime Thursday. Assuming that she got an attorney involved, does it seem like a long time if they filed the charges on Tuesday. With the weekend, the only days of no charge filed was that Thursday, Friday and the following Monday.Since this is not a rape case (making a big assumption as sometimes the terms in different states maybe different), there may not have been an immediate need for the evidence gathering. She may have even contacted the police and they told her to come in and file charges and she got an attorney and they responded within a couple days.I may be wrong, but with the weekend sandwiched in the middle and it not seemingly a rape type case, it seems like a reasonable response time.
 
redman said:
Bizkiteer said:
Maybe it happened, maybe it did not...either way, it's very shady that she comes out a month or so later to report it. I have to question her motive at this point.
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Well, she apparently did file a police complaint right after the incident. :confused: I agree with your general point though- only time will tell what all of this means.
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If she filed a police report at the time, then this seems pretty legit. I do wonder why we didn't hear about this earlier though.It does make sense that she would wait until he declared before she filed a civil suit, That just seems like common sense to me. Why sue someone who has no money?

 
I know very little about Lynch or this situation, but I really pay little attention to those claiming he's a "good kid." One of my favorite college basketball players played with heart and guts for 4 years, seemed like a great kid on and off the court, even cried on Senior Day. And then he was involved in a rape charge on campus. Great player, who know beyond that. I would bet that none of us know Lynch personally.

 
jeter23 said:
I know very little about Lynch or this situation, but I really pay little attention to those claiming he's a "good kid." One of my favorite college basketball players played with heart and guts for 4 years, seemed like a great kid on and off the court, even cried on Senior Day. And then he was involved in a rape charge on campus. Great player, who know beyond that. I would bet that none of us know Lynch personally.
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Was the basketball player guilty? You didn't say. The guilty until proven innocent leanings of some of you is not only un-American it's pretty naive. Jeter, you think this is legit based on timing? I respectfully disagree for the same reason and many more.Fwiw, she waited 6 days to file a complaint. This is a long time for any physical evidence of the attack to be useful. She'll need witnesses and it's their word against Marshawn and his friend's who was present that evening. A six day wait, contrary to some opinions above, is a long time. Police stations are open on weekends. Criminal attorneys will gleefully work weekends to prosecute first round draft picks. Marshawn and Tedford were made aware of the complaint. Marshawn was not suspended for the Holiday Bowl, nor did he hesitate to declare for the draft. Well over a month has transpired since the complaint was filed, and the DA has yet to press charges. Like I said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
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One local CBS affiliate ran with this story. No major media outlets will touch it and you know they all put their moles out. I won't rule out the possibility that Marshawn Lynch is guilty as complained against and not yet charged. Others should consider the much broader possibility that his exgirl sees him slipping away and has $$s in her eyes. Hell hath no fury. There is a notable lack of concern surrounding this story everywhere but in the draftnik and fantasy football communities. That's one of the more amusing aspects of it all to me.
 
Scout.com article

One of the Jets off-season needs is clearly running back. However, one top tailback prospect has probably been crossed off their draft board.

According to a television report, Cal running back Marshawn Lynch has been accused of sexual assault and domestic violence by an Oakland woman. The Oakland DA is looking over the case.

According to KCBS, the woman, who was reportedly Lynch's former girlfriend, as been granted a restraining order. The woman claims that Lynch beat her up and sexually assulted her on December 13 in Oakland.

Lynch is considered one of the top running backs in the draft, and could have been a consideration for the Jets with their first round pick. But now, it's not likely. Jets GM Mike Tannenbaum refuses to pick players with these kind of backgrounds. But in all fairness, he these are just allegations at this point, and he wasn't been indicted of any crimes.

But the Jets chances of picking Lynch seem slim.
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Chaos Commish said:
jeter23 said:
I know very little about Lynch or this situation, but I really pay little attention to those claiming he's a "good kid." One of my favorite college basketball players played with heart and guts for 4 years, seemed like a great kid on and off the court, even cried on Senior Day. And then he was involved in a rape charge on campus. Great player, who know beyond that. I would bet that none of us know Lynch personally.
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Was the basketball player guilty? You didn't say. The guilty until proven innocent leanings of some of you is not only un-American it's pretty naive. Jeter, you think this is legit based on timing? I respectfully disagree for the same reason and many more.Fwiw, she waited 6 days to file a complaint. This is a long time for any physical evidence of the attack to be useful. She'll need witnesses and it's their word against Marshawn and his friend's who was present that evening. A six day wait, contrary to some opinions above, is a long time. Police stations are open on weekends. Criminal attorneys will gleefully work weekends to prosecute first round draft picks. Marshawn and Tedford were made aware of the complaint. Marshawn was not suspended for the Holiday Bowl, nor did he hesitate to declare for the draft. Well over a month has transpired since the complaint was filed, and the DA has yet to press charges. Like I said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
Click to expand...
One local CBS affiliate ran with this story. No major media outlets will touch it and you know they all put their moles out. I won't rule out the possibility that Marshawn Lynch is guilty as complained against and not yet charged. Others should consider the much broader possibility that his exgirl sees him slipping away and has $$s in her eyes. Hell hath no fury. There is a notable lack of concern surrounding this story everywhere but in the draftnik and fantasy football communities. That's one of the more amusing aspects of it all to me.
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First, I will again admit that I know nothing about this case or Lynch off-field, so I have no idea if he did or didn't do it.Second, while I enjoy reading your many posts about draft prospects, I think you are doing exactly what you are "amused" about. I have a couple comments on your post.1. You act like a sexual assualt case would be all over the major media outlets for Lynch. I am sorry, but this isn't exactly news. Unfortunately, it is common enough that unless it was Brady Quinn, Chris Leak, Troy Smith or Adrian Peterson, I think that a local CBS station running with it is about par for the course.2. You tell us above that you personally were served with a restraining order and then you make a statement like:
Others should consider the much broader possibility that his exgirl sees him slipping away and has $$s in her eyes. Hell hath no fury.
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As Bob mentioned, many of these cases are not even reported, so you already took the stance on the side of Lynch. Unless you know him personally, I think it would be best to see what evidence comes out. I personally like to wait to make a judgement.3. I still don't think 5 days is a lot. It is not 6. It happened Wednesday night, so the charges were filed on the 5th day. Do you personally know what took place in the 5 days and when the police were first contacted? I don't and as people assumed above, they thought the charges were filed a month later leading to a better chance that the accused had, as you said, $$s in her eyes.4. What does the MJD case last year have to do with Lynch this year? Are all Pac-10 RBs falsely accused? Again, it is funny that you are amused that other people are jumping to conclusions when it seems like you are as well.Anyway, not trying to take sides, but that is exactly what it seems like you are doing. Maybe you have a reason to and that's fine. I don't so, I won't assume guilt or innocence as we have seen nothing on what the accusations are or what the evidence could be.
 
Chaos Commish said:
jeter23 said:
I know very little about Lynch or this situation, but I really pay little attention to those claiming he's a "good kid." One of my favorite college basketball players played with heart and guts for 4 years, seemed like a great kid on and off the court, even cried on Senior Day. And then he was involved in a rape charge on campus. Great player, who know beyond that. I would bet that none of us know Lynch personally.
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Was the basketball player guilty? You didn't say. The guilty until proven innocent leanings of some of you is not only un-American it's pretty naive. Jeter, you think this is legit based on timing? I respectfully disagree for the same reason and many more.Fwiw, she waited 6 days to file a complaint. This is a long time for any physical evidence of the attack to be useful. She'll need witnesses and it's their word against Marshawn and his friend's who was present that evening. A six day wait, contrary to some opinions above, is a long time. Police stations are open on weekends. Criminal attorneys will gleefully work weekends to prosecute first round draft picks. Marshawn and Tedford were made aware of the complaint. Marshawn was not suspended for the Holiday Bowl, nor did he hesitate to declare for the draft. Well over a month has transpired since the complaint was filed, and the DA has yet to press charges. Like I said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
Click to expand...
One local CBS affiliate ran with this story. No major media outlets will touch it and you know they all put their moles out. I won't rule out the possibility that Marshawn Lynch is guilty as complained against and not yet charged. Others should consider the much broader possibility that his exgirl sees him slipping away and has $$s in her eyes. Hell hath no fury. There is a notable lack of concern surrounding this story everywhere but in the draftnik and fantasy football communities. That's one of the more amusing aspects of it all to me.
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Chaos, IIRC there was a settlement and it never went to court. My point was that he was, and still is, highly respected in our community. This is a player that most NBA fans would be familiar with. I would not begin to judge Lynch or his accuser. I know nothing about either of them personally and I agree the timing is supect, but that does not mean he is innocent. I do hope for his sake that this is a false charge and he is able to get past this. I am just not ready to give him a pardon because he seems to be a "good kid."
 
On further review . . . I'm not seeing reference to criminal chargers, and they aren't necessarily a precursor to filing a civil harrassment complaint. The absence of criminal charges would make me more skeptical about the validity of these allegations.

 
stbugs said:
Chaos Commish said:
jeter23 said:
I know very little about Lynch or this situation, but I really pay little attention to those claiming he's a "good kid." One of my favorite college basketball players played with heart and guts for 4 years, seemed like a great kid on and off the court, even cried on Senior Day. And then he was involved in a rape charge on campus. Great player, who know beyond that. I would bet that none of us know Lynch personally.
Click to expand...
Was the basketball player guilty? You didn't say. The guilty until proven innocent leanings of some of you is not only un-American it's pretty naive. Jeter, you think this is legit based on timing? I respectfully disagree for the same reason and many more.Fwiw, she waited 6 days to file a complaint. This is a long time for any physical evidence of the attack to be useful. She'll need witnesses and it's their word against Marshawn and his friend's who was present that evening. A six day wait, contrary to some opinions above, is a long time. Police stations are open on weekends. Criminal attorneys will gleefully work weekends to prosecute first round draft picks. Marshawn and Tedford were made aware of the complaint. Marshawn was not suspended for the Holiday Bowl, nor did he hesitate to declare for the draft. Well over a month has transpired since the complaint was filed, and the DA has yet to press charges. Like I said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
Click to expand...
One local CBS affiliate ran with this story. No major media outlets will touch it and you know they all put their moles out. I won't rule out the possibility that Marshawn Lynch is guilty as complained against and not yet charged. Others should consider the much broader possibility that his exgirl sees him slipping away and has $$s in her eyes. Hell hath no fury. There is a notable lack of concern surrounding this story everywhere but in the draftnik and fantasy football communities. That's one of the more amusing aspects of it all to me.
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First, I will again admit that I know nothing about this case or Lynch off-field, so I have no idea if he did or didn't do it.Second, while I enjoy reading your many posts about draft prospects, I think you are doing exactly what you are "amused" about. I have a couple comments on your post.1. You act like a sexual assualt case would be all over the major media outlets for Lynch. I am sorry, but this isn't exactly news. Unfortunately, it is common enough that unless it was Brady Quinn, Chris Leak, Troy Smith or Adrian Peterson, I think that a local CBS station running with it is about par for the course.2. You tell us above that you personally were served with a restraining order and then you make a statement like:
Others should consider the much broader possibility that his exgirl sees him slipping away and has $$s in her eyes. Hell hath no fury.
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As Bob mentioned, many of these cases are not even reported, so you already took the stance on the side of Lynch. Unless you know him personally, I think it would be best to see what evidence comes out. I personally like to wait to make a judgement.3. I still don't think 5 days is a lot. It is not 6. It happened Wednesday night, so the charges were filed on the 5th day. Do you personally know what took place in the 5 days and when the police were first contacted? I don't and as people assumed above, they thought the charges were filed a month later leading to a better chance that the accused had, as you said, $$s in her eyes.4. What does the MJD case last year have to do with Lynch this year? Are all Pac-10 RBs falsely accused? Again, it is funny that you are amused that other people are jumping to conclusions when it seems like you are as well.Anyway, not trying to take sides, but that is exactly what it seems like you are doing. Maybe you have a reason to and that's fine. I don't so, I won't assume guilt or innocence as we have seen nothing on what the accusations are or what the evidence could be.
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Don't parse me too much Redman. I think you're missing several of my points. No biggie. I'll step out of this one until we hear more. I said I won't rule out the possibility that he is guilty, and honestly I don't. I bring up Drew because they are very similar personalities, momma's boys from the same Oakland streets, and this would be way out of character for Lynch as I argued last year's story would be for Drew. Pertinent? Maybe not to you, but it is to me. And I'm going to repeat this. Marshawn Lynch might be guilty. I do not rule that out. I almost always lean innocent until proven otherwise, and I do believe nothing will come of this. I've been wrong many many times. Tuesday was day 6. Monday was day 5. Semantics. Either way she hurt her case by waiting so long. Physical evidence will not be very impressive after six or five days. That was my point. Any physical evidence was five and a half days old if that's an appeaser. The reason I am amused by the media mostly ignoring this is because some in the fantasy and draftnik (and Cal Bear) communities a frantically searching for news. I agree this would be huge if it was Quinn or Russell. But Lynch is way beyond the Duke Lacrosse team, and the silence is deafening. A few blog posts like the Dolphin one above. Several outlets just linking to the original. I was never served with a restraining order. I said a judge offerred me one re: my angry ex. I declined. I did not think she needed to be restrained. The point was that these things are fairly easy to obtain in domestic situations. Something you concurred with. Sorry if it seems I am taking sides. I PM'd CalBear to see if he knew anything and told him I was supporting Lynch and hope not to look like a fool later... but I would be supporting the young girl if I thought she was being too readily discarded. We're not so far apart. I just think people are a little too cynical and believe the worse immediately. I remember clearly what Sanchez went through at USC. It was insane and he was innocent as could be. My understanding is the DA was reported still investigating. This is a criminal complaint if it involves the DA. So far they haven't pressed charges and I think they've had way more than enough time to make that call. I've filed two criminal complaints in my life. The DA picked up one case immediately and the other in three days.I haven't heard about a civil case. Did I miss that by not reading something? Jeter, fair enough. If I was on the other end of the country and someone said so and so is a good kid, and I hadn't followed so and so carefully, I would likely react the same as you. Really, I need to get back to draft talk and get off this thin ice, because none of us can be certain about much.
 
Chaos Commish said:
Really, I need to get back to draft talk and get off this thin ice, because none of us can be certain about much.
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:confused: As much as we think we know...we really have no idea until all of the facts are known. A lot of people found this out recently with the Duke Lacrosse case.
 
Chaos Commish said:
Don't parse me too much Redman. I think you're missing several of my points. No biggie. I'll step out of this one until we hear more. I said I won't rule out the possibility that he is guilty, and honestly I don't. I bring up Drew because they are very similar personalities, momma's boys from the same Oakland streets, and this would be way out of character for Lynch as I argued last year's story would be for Drew. Pertinent? Maybe not to you, but it is to me. And I'm going to repeat this. Marshawn Lynch might be guilty. I do not rule that out. I almost always lean innocent until proven otherwise, and I do believe nothing will come of this. I've been wrong many many times. Tuesday was day 6. Monday was day 5. Semantics. Either way she hurt her case by waiting so long. Physical evidence will not be very impressive after six or five days. That was my point. Any physical evidence was five and a half days old if that's an appeaser. The reason I am amused by the media mostly ignoring this is because some in the fantasy and draftnik (and Cal Bear) communities a frantically searching for news. I agree this would be huge if it was Quinn or Russell. But Lynch is way beyond the Duke Lacrosse team, and the silence is deafening. A few blog posts like the Dolphin one above. Several outlets just linking to the original. I was never served with a restraining order. I said a judge offerred me one re: my angry ex. I declined. I did not think she needed to be restrained. The point was that these things are fairly easy to obtain in domestic situations. Something you concurred with. Sorry if it seems I am taking sides. I PM'd CalBear to see if he knew anything and told him I was supporting Lynch and hope not to look like a fool later... but I would be supporting the young girl if I thought she was being too readily discarded. We're not so far apart. I just think people are a little too cynical and believe the worse immediately. I remember clearly what Sanchez went through at USC. It was insane and he was innocent as could be. My understanding is the DA was reported still investigating. This is a criminal complaint if it involves the DA. So far they haven't pressed charges and I think they've had way more than enough time to make that call. I've filed two criminal complaints in my life. The DA picked up one case immediately and the other in three days.I haven't heard about a civil case. Did I miss that by not reading something? Jeter, fair enough. If I was on the other end of the country and someone said so and so is a good kid, and I hadn't followed so and so carefully, I would likely react the same as you. Really, I need to get back to draft talk and get off this thin ice, because none of us can be certain about much.
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Sorry chaos, I am not redman. I think I quoted an earlier post of his. I also misread your restraining order post. My bad.I agree that we aren't that far apart. I just thought that you seemed to be jumping on the innocence side based on things that to me have no bearing on this one. You are right that how MJD and Lynch were brought up similarly means nothing to me. Maybe I was brought up the same way as Hannibal Lecter, but I haven't eaten anyone yet. They are two different people, period and the connection is ridiculously loose.Anyway, I agree with you that we don't know enough. I just kind of took the side of not assuming that the girl was out for $$$s especially since people misread that she waited over a month to make any charge at all.By the way, Lynch newswise is <<<<<<<<<<<<<<<<<<<< Duke Lacrosse, it is not even funny. That was a black vs. white, rich vs. poor, huge name University thing and a potential gang rape. A star RB at a low profile (football wise) school in an assault case is way down on the national news, because it is not uncommon.
 
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stbugs said:
By the way, Lynch newswise is <<<<<<<<<<<<<<<<<<<< Duke Lacrosse, it is not even funny. That was a black vs. white, rich vs. poor, huge name University thing and a potential gang rape. A star RB at a low profile (football wise) school in an assault case is way down on the national news, because it is not uncommon.
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No doubt. Just making the point that most of the information that is out there is speculation and little (or nothing) should be taken from the few details we currently have. This only leads to incorrect assumptions.
 
trader jake said:
stbugs said:
By the way, Lynch newswise is <<<<<<<<<<<<<<<<<<<< Duke Lacrosse, it is not even funny. That was a black vs. white, rich vs. poor, huge name University thing and a potential gang rape. A star RB at a low profile (football wise) school in an assault case is way down on the national news, because it is not uncommon.
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No doubt. Just making the point that most of the information that is out there is speculation and little (or nothing) should be taken from the few details we currently have. This only leads to incorrect assumptions.
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:goodposting: I probably never would have even cared or piped in if it weren't for the posts about the accuser waiting over a month, when the article said she filed charges a few days later. There is 0 information in that article that tells us whether or not he is innocent. In the NFL, unless he actually serves jail time, it has no impact at all. Worst case for Lynch might be the 2nd round because it would shock me if the case is decided one way or the other before the draft. The justice system doesn't seem to move that swiftly.
 
redman said:
On further review . . . I'm not seeing reference to criminal chargers, and they aren't necessarily a precursor to filing a civil harrassment complaint. The absence of criminal charges would make me more skeptical about the validity of these allegations.
Click to expand...
Again, jumping to conclusions. I think in civil cases, the burden of proof is less. Remember the OJ Simpson case? He was found innocent of criminal charges and found guilty in the civil case.This is a big assumption on my part as well, but maybe they filed civil charges because the accuser would not have to take part in the civil case or because they have a better chance in the civil case. If this is not a case of rape, then maybe the accuser is less driven by making sure Lynch would do time versus better odds of winning the case.
 
stbugs said:
redman said:
On further review . . . I'm not seeing reference to criminal chargers, and they aren't necessarily a precursor to filing a civil harrassment complaint. The absence of criminal charges would make me more skeptical about the validity of these allegations.
Click to expand...
Again, jumping to conclusions. I think in civil cases, the burden of proof is less. Remember the OJ Simpson case? He was found innocent of criminal charges and found guilty in the civil case.This is a big assumption on my part as well, but maybe they filed civil charges because the accuser would not have to take part in the civil case or because they have a better chance in the civil case. If this is not a case of rape, then maybe the accuser is less driven by making sure Lynch would do time versus better odds of winning the case.
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I'm a California attorney who has both filed and defended civil harrassment actions. I've got a decent idea as to what the burden of proof is. :thumbup:All I'm saying is that, all things being equal, I'd trust sexual assault allegations as part of a civil harrassment complaint more if they were backed by a criminal complaint. Most people when sexually assaulted are thinking about calling the police and not a civil attorney. Yes, everyone's different and I of course have no direct knowledge about this particular incident, but I think that's pretty unassailable logic.
 
I haven't heard anything about the Lynch case beyond what you all have.

My take on Lynch is that he is a good kid. He had good grades in a non-jock major despite coming out of Oakland Tech (which is not adequate preparation for a school like Berkeley). He does have a tendency to be a bit impulsive (like when he drove the cart around the field after we won in OT). I don't know him well enough to say whether it would be in his character to do something like he is accused of, but I would be somewhat surprised (and disappointed) if there were anything of substance here.

One thing to note is that "sexual assault" is a very broadly defined, from "forcibly touching an intimate part of another person," to, "penetration of the anal area with a foreign object." It could be something as mundane as slapping her on the butt, or it could be something really serious. I'm waiting for more information.

 
redman said:
stbugs said:
redman said:
On further review . . . I'm not seeing reference to criminal chargers, and they aren't necessarily a precursor to filing a civil harrassment complaint. The absence of criminal charges would make me more skeptical about the validity of these allegations.
Click to expand...
Again, jumping to conclusions. I think in civil cases, the burden of proof is less. Remember the OJ Simpson case? He was found innocent of criminal charges and found guilty in the civil case.This is a big assumption on my part as well, but maybe they filed civil charges because the accuser would not have to take part in the civil case or because they have a better chance in the civil case. If this is not a case of rape, then maybe the accuser is less driven by making sure Lynch would do time versus better odds of winning the case.
Click to expand...
I'm a California attorney who has both filed and defended civil harrassment actions. I've got a decent idea as to what the burden of proof is. :goodposting: All I'm saying is that, all things being equal, I'd trust sexual assault allegations as part of a civil harrassment complaint more if they were backed by a criminal complaint. Most people when sexually assaulted are thinking about calling the police and not a civil attorney. Yes, everyone's different and I of course have no direct knowledge about this particular incident, but I think that's pretty unassailable logic.
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Sometimes, it's just about gold digging I guess. The target may even "like" the accused but stills want to cash in on a supposed upcoming payday, but they'd rather not see the person go to prison. Our society is a #######' mess, especially in California. You should see the kind of legalese that the average 18 year old comes into our business bandying about. It's their first job and you're providing them an opportunity to learn and grow as an individual to make themselves more marketable. They don't work hard, are rarely on time, yet as an employer if you make one wrong move, they'll try to make you pay for it.

Sorry about the rant.

Hopefully, ML is in a position that will allow him to find retribution for the attacks if not true. Supposed to be innocent before proven guilty in our society. But, given the high profile of today's athletes and the fact that anyone can just slap a suit on you, I just don't see this happening. A slight revisit back to some of the values that existed in the 1950s sure would solve a lot of ills.

 
stbugs said:
Sorry chaos, I am not redman. I think I quoted an earlier post of his. I also misread your restraining order post. My bad.
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Nope that was my bad. I didn't get an answer to criminal civil thing.My understanding is a criminal complaint has been filed and the DA is investigating to see if they'll pick up the case. I haven't heard of a civil complaint.
 
trader jake said:
stbugs said:
By the way, Lynch newswise is <<<<<<<<<<<<<<<<<<<< Duke Lacrosse, it is not even funny. That was a black vs. white, rich vs. poor, huge name University thing and a potential gang rape. A star RB at a low profile (football wise) school in an assault case is way down on the national news, because it is not uncommon.
Click to expand...
No doubt. Just making the point that most of the information that is out there is speculation and little (or nothing) should be taken from the few details we currently have. This only leads to incorrect assumptions.
Click to expand...
in general i agree, though CC & redman raised the earlier overlooked issue that, although it is inferential, it COULD be telling that DA still has yet to file charges about a month later...hard to figure what they could dig up in the way of new information/evidence a month later that would cause them to look at the matter differently, & file charges now when they didn't already...one thing that CC alluded to is this could be a case of one person's word against another, & without a witness or physical evidence corroborating her story, the DA might not bring charges if there is insufficient evidence... we don't have to forget that a person should be considered innocent until proven guilty to still be cognizant of the distinction that though a case doesn't present enough evidence to warrant bringing charges, doesn't mean it is baseless...the innocent until proven guilty part could also apply to the accuser, & by the same rationale any woman bringing up a complaint chouldn't be assumed to be making it up... but because lynch could soon be a multi-millionaire, its hard to not speculate that the accuser could have made lynch a target...is it safe to say that in a case like this, it would be unusual to file criminal charges a month or more later...also, hypothetically, lets say he didn't do it... could these accusations cause teams in draft process to still question his judgement... IF the accuser were to have made it up, will teams question HIS character for associating with someone of questionable character... will he be viewed as an increased risk to land in similar jams, relative to the majority of draft prospects that don't have a blemish like this? i'm guessing they will have to place this in context by interviewing him, his coaches, former teammates, etc... again, the questions in this last paragraph are asked IF, hypothetically, lynch DIDN'T do, but lets say it is difficult/impossible to prove one way or the other (where maybe most teams can infer is from fact that DA doesn't press charges)...
 
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stbugs said:
trader jake said:
stbugs said:
By the way, Lynch newswise is <<<<<<<<<<<<<<<<<<<< Duke Lacrosse, it is not even funny. That was a black vs. white, rich vs. poor, huge name University thing and a potential gang rape. A star RB at a low profile (football wise) school in an assault case is way down on the national news, because it is not uncommon.
Click to expand...
No doubt. Just making the point that most of the information that is out there is speculation and little (or nothing) should be taken from the few details we currently have. This only leads to incorrect assumptions.
Click to expand...
:popcorn: I probably never would have even cared or piped in if it weren't for the posts about the accuser waiting over a month, when the article said she filed charges a few days later. There is 0 information in that article that tells us whether or not he is innocent guilty. In the NFL, unless he actually serves jail time, it has no impact at all. Worst case for Lynch might be the 2nd round because it would shock me if the case is decided one way or the other before the draft. The justice system doesn't seem to move that swiftly.
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Fixed, as of today he is innocent.[/thinkingoutloud/]Now, this was filed in December, it's almost February and there was a third person (witness) present and yet no charges have been filed. [/thinkingoutloud/]

 
Enoch said:
LHUCKS said:
Chaos Commish said:
Lynch is a good kid. I'm guessing this is nothing. Remember the rubbish about Maurice Drew last year?
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:thumbup:
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Do you guys know Lynch? Not saying his a bad guy,but to say he is a good kid without backing it :pickle: I hope he is a good kid. It would be sad if he did "choked, slapped and sexually assaulted her" I will keep an open mind on him till we learn what is the truth.

She did file and was granted a restraining order against Lynch. I know that not the same as assault,but something is not right. I will be keeping a close eye on this because I have the #2 overall in my dynasty league

Sad is we only care becase of our FFteams, but then again crap like this is allover the world everyday. We are not tlking about them because they don't play football
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I agree completely that unless one of us personally knows Lynch and was in the house with him that night it is impossible to say he;s guilty or innocent.As for the restraining order, I don't think those are terribly difficult to get especially in a domestic violence or sexual assault case. I'm not saying its right, but a woman can get a restraining order with very little proof as the courts would much rather be safe than sorry.

 
redman said:
stbugs said:
redman said:
On further review . . . I'm not seeing reference to criminal chargers, and they aren't necessarily a precursor to filing a civil harrassment complaint. The absence of criminal charges would make me more skeptical about the validity of these allegations.
Click to expand...
Again, jumping to conclusions. I think in civil cases, the burden of proof is less. Remember the OJ Simpson case? He was found innocent of criminal charges and found guilty in the civil case.This is a big assumption on my part as well, but maybe they filed civil charges because the accuser would not have to take part in the civil case or because they have a better chance in the civil case. If this is not a case of rape, then maybe the accuser is less driven by making sure Lynch would do time versus better odds of winning the case.
Click to expand...
I'm a California attorney who has both filed and defended civil harrassment actions. I've got a decent idea as to what the burden of proof is. :)All I'm saying is that, all things being equal, I'd trust sexual assault allegations as part of a civil harrassment complaint more if they were backed by a criminal complaint. Most people when sexually assaulted are thinking about calling the police and not a civil attorney. Yes, everyone's different and I of course have no direct knowledge about this particular incident, but I think that's pretty unassailable logic.
Click to expand...
Well, you are more of an expert than I, so that makes sense to me. Just throwing out a thought on why they might not even pursue the criminal charges if the DA potentially tells them that it just isn't a good enough case that he will take it forward. That doesn't mean it didn't happen, but if it was an assault that didn't get to rape, i.e. fondling or pulling a Schwartzenegger, then it is he said, she said.I just remembered the OJ thing because he was found innocent of the criminal charges, yet guilty on the civil.
 
BigTex said:
stbugs said:
trader jake said:
stbugs said:
By the way, Lynch newswise is <<<<<<<<<<<<<<<<<<<< Duke Lacrosse, it is not even funny. That was a black vs. white, rich vs. poor, huge name University thing and a potential gang rape. A star RB at a low profile (football wise) school in an assault case is way down on the national news, because it is not uncommon.
Click to expand...
No doubt. Just making the point that most of the information that is out there is speculation and little (or nothing) should be taken from the few details we currently have. This only leads to incorrect assumptions.
Click to expand...
:) I probably never would have even cared or piped in if it weren't for the posts about the accuser waiting over a month, when the article said she filed charges a few days later. There is 0 information in that article that tells us whether or not he is innocent guilty. In the NFL, unless he actually serves jail time, it has no impact at all. Worst case for Lynch might be the 2nd round because it would shock me if the case is decided one way or the other before the draft. The justice system doesn't seem to move that swiftly.
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Fixed, as of today he is innocent.[/thinkingoutloud/]Now, this was filed in December, it's almost February and there was a third person (witness) present and yet no charges have been filed. [/thinkingoutloud/]
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He is presumed innocent without a doubt. I deal in boolean logic, so to me "not guilty" = "innocent", so your fix to me is the same.
 
Chaos Commish said:
stbugs said:
Sorry chaos, I am not redman. I think I quoted an earlier post of his. I also misread your restraining order post. My bad.
Click to expand...
Nope that was my bad. I didn't get an answer to criminal civil thing.My understanding is a criminal complaint has been filed and the DA is investigating to see if they'll pick up the case. I haven't heard of a civil complaint.
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It says right in the article.
She filed the civil complaint on December 19th
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Is it possible that she never intended to file a criminal complaint, not sure why, but that the DA is now investigating it to see if he wants to pursue criminal charges? Is that a possible reason for the delay, maybe the DA picked up on it seeing as how Lynch is now surfacing as a 1st round pick and maybe he wants to take it further if he can?
 
stbugs said:
redman said:
stbugs said:
redman said:
On further review . . . I'm not seeing reference to criminal chargers, and they aren't necessarily a precursor to filing a civil harrassment complaint. The absence of criminal charges would make me more skeptical about the validity of these allegations.
Click to expand...
Again, jumping to conclusions. I think in civil cases, the burden of proof is less. Remember the OJ Simpson case? He was found innocent of criminal charges and found guilty in the civil case.This is a big assumption on my part as well, but maybe they filed civil charges because the accuser would not have to take part in the civil case or because they have a better chance in the civil case. If this is not a case of rape, then maybe the accuser is less driven by making sure Lynch would do time versus better odds of winning the case.
Click to expand...
I'm a California attorney who has both filed and defended civil harrassment actions. I've got a decent idea as to what the burden of proof is. :kicksrock:All I'm saying is that, all things being equal, I'd trust sexual assault allegations as part of a civil harrassment complaint more if they were backed by a criminal complaint. Most people when sexually assaulted are thinking about calling the police and not a civil attorney. Yes, everyone's different and I of course have no direct knowledge about this particular incident, but I think that's pretty unassailable logic.
Click to expand...
Well, you are more of an expert than I, so that makes sense to me. Just throwing out a thought on why they might not even pursue the criminal charges if the DA potentially tells them that it just isn't a good enough case that he will take it forward. That doesn't mean it didn't happen, but if it was an assault that didn't get to rape, i.e. fondling or pulling a Schwartzenegger, then it is he said, she said.I just remembered the OJ thing because he was found innocent of the criminal charges, yet guilty on the civil.
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As I said above, the burden of proof in a civil harrassment complaint is "clear and convincing evidence", which is a far higher burden than in regular civil cases ("preponderance of the evidence"); it's actually more comparable to the criminal "beyond a reasonable doubt" standard, though it is a lower standard to meet.BTW, for those wondering why we're in late January with a mid-December incident, this is the typical turnaround time for the filing of the complaint through the civil complaint hearing. Remember, the court needs to know that Lynch was served and had the opportunity to find witnesses and get them to the hearing. Nothing about that aspect of this is odd to me.
 
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stbugs said:
Chaos Commish said:
stbugs said:
Sorry chaos, I am not redman. I think I quoted an earlier post of his. I also misread your restraining order post. My bad.
Click to expand...
Nope that was my bad. I didn't get an answer to criminal civil thing.

My understanding is a criminal complaint has been filed and the DA is investigating to see if they'll pick up the case. I haven't heard of a civil complaint.
Click to expand...
It says right in the article.
She filed the civil complaint on December 19th
Click to expand...
Is it possible that she never intended to file a criminal complaint, not sure why, but that the DA is now investigating it to see if he wants to pursue criminal charges? Is that a possible reason for the delay, maybe the DA picked up on it seeing as how Lynch is now surfacing as a 1st round pick and maybe he wants to take it further if he can?
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Thanks :goodposting: Doh. I see DA and immediately think criminal.

Anyway. I found a little more input from the media.

The district attorney has not filed charges against Lynch, but may do so within a week, Schwartzbach said.

Because the district attorney has not filed charges, Schwartzbach said there is no indication they think Lynch has broken any laws. Schwartzbach said the decision to impose the restraining order was both questionable and independent from the criminal investigation.

“I’m puzzled as to how this restraining order was obtained, given the fact that Marshawn had no notice,” he said. “It’s my hope that (the district attorney) will reach the same conclusion that I have and that is that Marshawn didn’t violate any law and there’s no reason to file charges.”
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There's some other stuff in the article about what a good kid Lynch is.
 
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