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27.8.14 1215
The W - Basketball - Kobe accuser files a civil suit against him.
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Kawshen
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Since: 2.1.02
From: Bronx, NY

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#1 Posted on | Instant Rating: 5.31
http://sports.espn.go.com/nba/news/story?id=1856400


    DENVER -- The woman accusing Kobe Bryant of rape filed a civil lawsuit against the NBA star in federal court Tuesday, a move legal experts said could cripple the criminal case less than three weeks before the trial begins.

    Attorneys for the 20-year-old woman asked for a jury trial and compensatory damages of at least $75,000, with punitive damages to be determined later.


    Attorneys John Clune and Lin Wood said their client was owed money for pain, "public scorn, hatred and ridicule" she has suffered as a result of the alleged attack last summer. They also accused Bryant of similar misconduct involving women, but provided no details.


I think even the late, great Ray Charles would've seen this coming.

Not about the $$ at all. No sir.

(edited by Kawshen on 10.8.04 2125)



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BigVitoMark
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Since: 10.8.02
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#2 Posted on | Instant Rating: 5.28
Without going off on too much of a rant that would be better suited in the politics forum, I have a big problem with a civil case going forward when no wrongdoing has even been proven. I know, I know, that's the way the system works, but I think things are seriously flawed when you can be found liable even if you're not found guilty.

The worst thing is that a 'conviction' (not sure of the proper term) in civil court will basically label Kobe a rapist in the eyes of the general public, regardless of what the criminal verdict might be. If the man's guilty, I don't care if they bleed him of every cent he has and then burn him at the stake, but if the state can't prove that he is (and you know in a case like this they're going to do whatever they can to convict Kobe) then this has no business going before a civil court.



Screw Ricky
redsoxnation
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Since: 24.7.02

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#3 Posted on | Instant Rating: 5.30
    Originally posted by BigVitoMark
    Without going off on too much of a rant that would be better suited in the politics forum, I have a big problem with a civil case going forward when no wrongdoing has even been proven. I know, I know, that's the way the system works, but I think things are seriously flawed when you can be found liable even if you're not found guilty.

    The worst thing is that a 'conviction' (not sure of the proper term) in civil court will basically label Kobe a rapist in the eyes of the general public, regardless of what the criminal verdict might be. If the man's guilty, I don't care if they bleed him of every cent he has and then burn him at the stake, but if the state can't prove that he is (and you know in a case like this they're going to do whatever they can to convict Kobe) then this has no business going before a civil court.






The difference between civil and criminal is the level of proof that needs to be presented. Beyond reasonable doubt is the standard for criminal, preponderance is the standard for civil. Thus, as an example, O.J. Simpson gets off on criminal charges, but gets nailed in civil court.



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BigVitoMark
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Since: 10.8.02
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#4 Posted on | Instant Rating: 5.28
Yes yes, I understand the actual differences. What I'm saying is that intuitively it doesn't make sense to me. The fact that you can be punished financially for something that the criminal courts don't say you're guilty of is absurd. In civil cases relating to criminal acts, I think a conviction of the acts in question should absolutely be a prerequisite before a case can be filed.



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ekedolphin
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Since: 12.1.02
From: Indianapolis, IN; now residing in Suffolk, VA

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#5 Posted on | Instant Rating: 4.52
At the very least, I think the criminal case ought to be concluded before the civil case begins. I mean, geez, loueez.

This is nothing more than an attempt to leech money out of someone who has not been proven guilty of the crime, and also a blatant attempt at character assassination.

Of course, I agree-- if Kobe's found guilty, he needs to be locked up for a long, long time.



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Grimis
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Since: 11.7.02
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#6 Posted on | Instant Rating: 7.29
    Originally posted by ekedolphin
    At the very least, I think the criminal case ought to be concluded before the civil case begins. I mean, geez, loueez.
I think she wants out of the criminal case. I don't think that the prosecution can get the conviction anymore.

Plus, she wants to cash in...



DrDirt
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Since: 8.10.03
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#7 Posted on | Instant Rating: 7.26
    Originally posted by Grimis
      Originally posted by ekedolphin
      At the very least, I think the criminal case ought to be concluded before the civil case begins. I mean, geez, loueez.
    I think she wants out of the criminal case. I don't think that the prosecution can get the conviction anymore.

    Plus, she wants to cash in...


Don't hurt yourself Grimis but I agree. I doubt she has much faith the prosecutors can obtain a conviction and the court seems shakey too.



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Grimis
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Since: 11.7.02
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#8 Posted on | Instant Rating: 7.29
    Originally posted by DrDirt
    Don't hurt yourself Grimis but I agree. I doubt she has much faith the prosecutors can obtain a conviction and the court seems shakey too.
Well, I won't hurt myself too much, because if I were here I would be less worried about the prosecutors than the fact that you can drive a tractor-trailer through her story, all the holes and what not.



avonhun
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Since: 21.4.04

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#9 Posted on | Instant Rating: 0.20
Is it just me or does $75,000 seem a bit low for a case of this magnitude. aren't these kinda things usually in the millions?
DJ FrostyFreeze
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Since: 2.1.02
From: Hawthorne, CA

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#10 Posted on | Instant Rating: 4.95

Stuart Scott said something on SportsCenter last night about how Colorado law has pretty strict limits on how much money you can sue someone for. I thought he said the limit was like $750,000, but maybe it was $75,000 after all.

Although $75,000 does seem to be a pretty low limit to set on any case, but what do I know?



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bash91
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Since: 2.1.02
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#11 Posted on | Instant Rating: 3.63
75K is the minimum requirement to get the case into federal court (or at least so sayeth the lawyer wife on the other computer.) That doesn't mean that she doesn't want or expect a lot more, it merely means that they are leaving up to the jury's discretion as to how much money she would receive if she was to win the case.

And now, just to add more fun to the whole situation, it looks like the case is going to go nowhere even faster since the prosecution is now asking for an indefinite continuance.

Tim




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JayJayDean
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Since: 2.1.02
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#12 Posted on | Instant Rating: 6.95
The article I read said it was $75,000 in compensatory damages, which is different from punitive damages, which is where she would get her millions. (Not.)



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chill
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Since: 18.5.02

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#13 Posted on | Instant Rating: 1.32
Let's assume for a minute that she's not lying or exagerating. Now, put yourself in her shoes. Wouldn't you want some sort of money as compensation for the ordeal? I know I would.

That said, how does it mean that she's only in it for the money if she wants a civil case? It proves nothing one way or the other. I know we all assume she's in it for the money if she requests a civil case, but that's all it is: an assumption.

If Kobe did it, I'm sure he's going to say he didn't. And if he didn't, I'm sure he'd say he didn't. Only two people know for sure what happened. At the very least, forget the alleged rape for a minute - is anyone else shocked at how it's almost acceptable for him to cheat on his wife without anyone really acting like it's bad enough on its own? Ugh. [/rantish comments]



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ekedolphin
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Since: 12.1.02
From: Indianapolis, IN; now residing in Suffolk, VA

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#14 Posted on | Instant Rating: 4.52
I don't think anyone's saying it's a good thing that Kobe cheated on his wife, but cheating on your wife doesn't usually result in being tried for rape.

But Kobe's already publicly apologized, and to my knowledge his wife hasn't asked for a divorce, so I figure the whole “cheating on his wife” thing is pretty much between Kobe and his wife.

Sure, it's unacceptable for anybody to cheat on their wife, but that in itself isn't a crime. At least, not against the laws of man.



“Do you believe in UFOs, astral projections, mental telepathy, ESP, clairvoyance, spirit photography, telekinetic movement, full trance mediums, the Loch Ness monster and the theory of Atlantis?”
“Ah, if there's a steady paycheck in it, I'll believe anything you say.”

--Janine and Winston, Ghostbusters

Two-Time Wiener of the Day (5/27/02; 7/3/02)

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- Kawshen, Baker headed to the Knicks (2004)
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