Plenty to deal with here.Finished first year a while ago. I am still trying to figure out what I am wrong on though? As far as I can tell, everything I have said has been spot on. I don't think a lawsuit is likely in any if the situations, just that the potential exists for there to be.
The DA already had her initial statement and evidence. They wouldn’t have needed her if the evidence was that strong.
As long as you preface them as your opinion or you believe, but the moment you start making blanket statements that so and so is a spouse beater or domestic abuse and so forth, you've committed defamation. Now as I said earlier, him being a public figure adds the actual malice element. So that makes it a bit harder, but not that much.
You don't always have to have full probable cause for an arrest. In cases of domestic violence, if police are called and see evidence of what looks like a domestic struggle, they are generally going to remove someone just as a precaution. You're still going to have to do testing to find out what is accurate and what isn't.
UT had cause because the verbiage in his contract allowed them to fire him for anything that would be detrimental to the University. He could also be fired for simply being charged with a felony, regardless of a conviction. Considering the public outcry, I completely understand why they had to make that choice to let him go. I'm sure they regret it now.
Pitino wasn't charged with anything. He was just alleged to have been invovled in the FBI sting operation. It was also his 3rd scandal in around 5 years and 2nd while they were currently on probation. That's why he was let go.
So, you've seen no evidence, spoken to no one involved, and don't know Beard or his former fiance, but based on media reports you're ready to hang em? Sounds about right for today's times.
1. her previous statement is hearsay and not admissible in a trial, his right to confront witnesses and all. While the other evidence the police had, bite marks, bruises, cuts, etc. could potentially lead to a conviction, no prosecutor is going to try that case with her now saying she was lying when she first reported it. She called 911 because she thought he would kill her or hurt her really bad, but sobered up she realized that her gravy train was over.
2. You do have to have probable cause for an arrest. While police often separate people in a domestic dispute, they can't arrest you without probable cause.
3. It is not detrimental to the University to be wrongfully accused. If there was not something there, believe me there would have been a lawsuit.
4. I'm not relying on media reports, I'm relying on the police report of evidence they observed and the probable cause that led to an arrest. I don't want to hang him, I just have said a University can refuse to hire him based upon this situation.
"Finished first year a while ago." So you are working on your second semester of either criminal procedure or criminal law. Know enough to argue on a sports blog with people that don't know much about the law. You are wrong on this one and should just move on to another argument.