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Old 11-24-2023, 12:19 PM   #281
jayswin
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I love it when posters argue with lawyers over what legal aspects mean online. They're so confidently incorrect.
I don't like when posters argue with lawyers on CP because our lawyer circle has some of the highest word/post counts in the land when they get going on something. It's too much, it doesn't end.

Mbates, notwithstanding. I absolutely love when he stops by for one, large concise post that completely clarifies and educates on a current debate/hot topic.
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Old 11-24-2023, 01:20 PM   #282
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Putting Trumps voice to this post is perfect
It was actually another president:

Spoiler!


And then improved upon by Little Carmine in The Sopranos.
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Old 11-24-2023, 02:48 PM   #283
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First of all, this whole thread strikes me as icky. No matter what the eventually outcome, a marriage is in trouble and children are exposed to the fallout. Nothing said here makes a difference but it shows how little dignity exists online as personal lives of public people seem to provide endless hours of entertainment. Not dissimilar to the threads speculating about Kylington’s situation.

Second “facts” weren’t read into the record. A report, which may or may not be factual was.
https://www.cbsnews.com/boston/news/...stic-violence/

This is a good article on domestic violence

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BOSTON - When police responded to a call over the weekend from Bruins' forward Milan Lucic's wife, they say she claimed on the phone he had tried to choke her – but when police arrived and saw red marks on her neck, she denied the physical assault, saying he had just pulled her by the hair.
The good thing is that it appears in Mass that they do not need the victim to pursue charges and get a conviction possibly leading to good ole fashioned jail time. It is difficult for the victims of domestic violence at all times but the best thing that society can do is get those neanderthals off the street and help dealing with their anger issues. This thread has nothing in common with Kylington, this thread is about an allegation that a 6'3 236 lbs man abused his wife. A marriage dealing with infidelity or a whole host of other things is a marriage in trouble. Domestic violence is a crime that should be punished to the fullest extend of the law.

But yes, I should have said alleged facts. Then Lucic's counsel can present alternative facts for how his wife's neck had red marks on it.
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Old 11-24-2023, 03:11 PM   #284
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https://www.cbsnews.com/boston/news/...stic-violence/

This is a good article on domestic violence



The good thing is that it appears in Mass that they do not need the victim to pursue charges and get a conviction possibly leading to good ole fashioned jail time. It is difficult for the victims of domestic violence at all times but the best thing that society can do is get those neanderthals off the street and help dealing with their anger issues. This thread has nothing in common with Kylington, this thread is about an allegation that a 6'3 236 lbs man abused his wife. A marriage dealing with infidelity or a whole host of other things is a marriage in trouble. Domestic violence is a crime that should be punished to the fullest extend of the law.

But yes, I should have said alleged facts. Then Lucic's counsel can present alternative facts for how his wife's neck had red marks on it.
According to the police report, that article seems inaccurate, or at least badly written. She denied one thing (being strangled). She still told them about other things.
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Old 11-24-2023, 06:34 PM   #285
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According to the police report, that article seems inaccurate, or at least badly written. She denied one thing (being strangled). She still told them about other things.
The article states that she said she was choked. She later said she was not choked. Prosecutor says that she states she was choked at the 1:40 mark of this video https://m.youtube.com/watch?v=fZ1cfP...aWMgY291cnQ%3D

At least according to the court evidence it is not clear where the red marks are on the body. Not sure what parts of the facts (which is only para one) they got wrong.
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Old 11-24-2023, 06:43 PM   #286
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How often does the alleged victim testify in these types of case? And if it's "not often," how easy it for the prosecution to prove beyond a reasonable doubt in a "he said, she said" case like this?

The alleged victim declined medical treatment so without her testimony, what exactly is the evidence?

"Well your honor, she said was choked and then she said she was not choked. And there some redness on her head."

That sounds like a pretty weak case.
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Old 11-24-2023, 06:47 PM   #287
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The article states that she said she was choked. She later said she was not choked. Prosecutor says that she states she was choked at the 1:40 mark of this video https://m.youtube.com/watch?v=fZ1cfP...aWMgY291cnQ%3D

At least according to the court evidence it is not clear where the red marks are on the body. Not sure what parts of the facts (which is only para one) they got wrong.
The report said the 911 call said choked. And that she later said he didn’t try to “strangle” her. We’ve been all through that part. It’s possibly inconsistent, or possibly explainable.
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Old 11-24-2023, 06:48 PM   #288
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The report said the 911 call said choked. And that she later said he didn’t try to “strangle” her. We’ve been all through that part. It’s possibly inconsistent, or possibly explainable.
The prosecutor says that she said said on the 911 call that he choked her. He says it at 1:40 of that video in court.
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Old 11-24-2023, 06:49 PM   #289
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Originally Posted by GullFoss View Post
How often does the alleged victim testify in these types of case? And if it's "not often," how easy it for the prosecution to prove beyond a reasonable doubt in a "he said, she said" case like this?

The alleged victim declined medical treatment so without her testimony, what exactly is the evidence?

"Well your honor, she said was choked and then she said she was not choked. And there some redness on her head."

That sounds like a pretty weak case.
How often do they testify? Pretty often if it goes to trial.
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Old 11-24-2023, 06:49 PM   #290
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Originally Posted by GullFoss View Post
How often does the alleged victim testify in these types of case? And if it's "not often," how easy it for the prosecution to prove beyond a reasonable doubt in a "he said, she said" case like this?

The alleged victim declined medical treatment so without her testimony, what exactly is the evidence?

"Well your honor, she said was choked and then she said she was not choked. And there some redness on her head."

That sounds like a pretty weak case.
That is the silver lining for the abusive husband. The victim for a variety of reasons often does not testify, usually out of fear. harder to go to trial in that scenario.
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Old 11-25-2023, 10:21 PM   #291
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Originally Posted by GullFoss View Post
How often does the alleged victim testify in these types of case? And if it's "not often," how easy it for the prosecution to prove beyond a reasonable doubt in a "he said, she said" case like this?

The alleged victim declined medical treatment so without her testimony, what exactly is the evidence?

"Well your honor, she said was choked and then she said she was not choked. And there some redness on her head."

That sounds like a pretty weak case.
If the alleged victim does not testify, there likely is no case in the first place.

And in every “she,said, he said”, both have to testify for it to be “ she said, he said”.
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Old 02-16-2024, 09:35 AM   #292
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https://twitter.com/user/status/1758521152626893272
https://twitter.com/user/status/1758527922443313340
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Old 02-16-2024, 09:54 AM   #293
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Why would a 911 call not be admissible?
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Old 02-16-2024, 10:00 AM   #294
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Why would a 911 call not be admissible?
From the article:
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Defense attorney Gary Pelletier suggested the call failed to definitively identify Lucic as the suspect. During questioning, the 911 dispatcher who took the call confirmed that she never asked the caller for her last name or to identify her husband by name.

The attorneys also debated the admissibility of the call without the ability to question the caller in court.

Ultimately, the judge sided with the defense and decided to block the evidence.
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Old 02-16-2024, 10:05 AM   #295
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Amazing what good lawyers can do.
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Old 02-16-2024, 10:08 AM   #296
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Amazing what good lawyers can do.
More like 'amazing' that the wife decides she doesnt want to to testify.

Almost impossible to get a conviction / proceed when the 'witness' won't coorperate
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Old 02-16-2024, 10:12 AM   #297
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Domestic abuse cases often end in a stay of proceedings because the victim does not want to testify. It does nothing to redeem Lucic in my eyes. And I've been counsel for the accused in a number of such cases.

Last edited by Fan in Exile; 02-16-2024 at 10:15 AM.
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Old 02-16-2024, 10:12 AM   #298
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Amazing what good lawyers can do.
Don't let the lack of evidence get in the way of a good story.
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Old 02-16-2024, 10:14 AM   #299
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Don't let the lack of evidence get in the way of a good story.
I mean, do we really need court admissible evidence here to say that Lucic did an unbelievably ####ty thing and shouldn't be allowed to play another game in the NHL?
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Old 02-16-2024, 10:14 AM   #300
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Too bad. It is tough to put losers away who beat their wives. Guess it is important in Massachusetts to give first and last name when someone is physically assaulting you.
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