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View Full Version : So why hasn't Lynch or anyone been charged with anything?



Tatonka
06-16-2008, 01:58 PM
2 weeks later?

is it because they have no idea what happened?

the buffalo pd and DA looked like they were trying to get some publicity.. they may end up looking completely incompetent.

Patrick76777
06-16-2008, 02:03 PM
2 weeks later?

is it because they have no idea what happened?

the buffalo pd and DA looked like they were trying to get some publicity.. they may end up looking completely incompetent.


And they're making such a big deal because he's a football player. If it were me that drove away from that incident, it would be filed away somewhere and nobody would have heard a thing.

OpIv37
06-16-2008, 02:12 PM
And they're making such a big deal because he's a football player. If it were me that drove away from that incident, it would be filed away somewhere and nobody would have heard a thing.

Oh come on. If it was you, they definitely would have served subpoenas to your best friends as well as your boss and the owner of your company, who were both home sleeping at the time. It's standard practice. :rolleyes:

DraftBoy
06-16-2008, 02:20 PM
Because with so much media scrutiny along with people who have no idea what is actually going on being critical of them it takes time. God forbid they are careful or get all the facts. Also when people dont cooperate things take longer. This isn't Law and Order where a case gets wrapped up in 45 minutes and the court proceedings take 15.

Ickybaluky
06-16-2008, 03:41 PM
It looks like something will happen soon:

LINK (http://www.buffalonews.com/258/story/371561.html)


Lynch's attorney, Michael P. Caffery, told The Buffalo News this morning that he hopes to have the case resolved soon, but he declined to comment further.

"We'd like to obtain a resolution soon," Caffery said. "I can't say any more than that."

Jan Reimers
06-16-2008, 03:49 PM
Lynch would be much better off coming in voluntarily to give his account of events to the police, versus being arrested and coming in handcuffed.

yordad
06-16-2008, 03:58 PM
And they're making such a big deal because he's a football player. If it were me that drove away from that incident, it would be filed away somewhere and nobody would have heard a thing.It wouldn't be a big deal because you would have already been arrested, interogated, and tricked into confession.

Lynch would be much better off coming in voluntarily to give his account of events to the police, versus being arrested and coming in handcuffed.He isn't going to be in handcuffs or arrested. If anything he will get an appearence ticket.

Jan Reimers
06-16-2008, 04:10 PM
It wouldn't be a big deal because you would have already been arrested, interogated, and tricked into confession.
He isn't going to be in handcuffs or arrested. If anything he will get an appearence ticket.
Police procedures must be far more lenient in New York than they are in North Carolina.

Michael82
06-16-2008, 04:12 PM
The idiot DA knows that he doesn't have squat! He's trying to scare Marshawn and the other Bills players into talking, but without that, I don't think he has enough to bring him in. :shakeno:

Jan Reimers
06-16-2008, 04:20 PM
The idiot DA knows that he doesn't have squat! He's trying to scare Marshawn and the other Bills players into talking, but without that, I don't think he has enough to bring him in. :shakeno:
But he'll then covene a grand jury, and 6 or 7 Bills' players and executives - who have apparently already been served subpoenas - will be forced to talk.

yordad
06-16-2008, 04:36 PM
Police procedures must be far more lenient in New York than they are in North Carolina.I think they probably are. And, I am not sure, but with a high priced lawyer, that would probably happen there to.

There would only be one purpose in arresting him: to set bail. Since he is a zero flight risk, his bail will probably be zero. He will likely be release under his own recognisance. I mean, look at his job, and compare it to how small the charge is going to be.

Does anyone think he will flee to Mexico?

He will be brought in by his attorney, arraigned, and released.

SABuffalo786
06-16-2008, 05:25 PM
Lynch would be much better off coming in voluntarily to give his account of events to the police, versus being arrested and coming in handcuffed.


He doesn't have to say a damn thing. The cops have nothing on him.

FinFaninBuffalo
06-16-2008, 05:40 PM
I cannot understand why people keep insisting that the police have nothing. There were witnesses. There is evidence. There were other people in the SUV. They will be forced to talk and they also have lawyers who will tell them to tell the truth. It makes no sense to commit perjury to help a teammate avoid a misdemeanor. The driver would be the biggest jack off of all time to expect it. The passengers would have to be the biggest idiots of all time. They will be forced to tell who was driving. This has always been about trying to pressure the driver to come clean.

OpIv37
06-16-2008, 05:45 PM
I cannot understand why people keep insisting that the police have nothing. There were witnesses. There is evidence. There were other people in the SUV. They will be forced to talk and they also have lawyers who will tell them to tell the truth. It makes no sense to commit perjury to help a teammate avoid a misdemeanor. The driver would be the biggest jack off of all time to expect it. The passengers would have to be the biggest idiots of all time. They will be forced to tell who was driving. This has always been about trying to pressure the driver to come clean.

People will stop insisting the police have nothing when the police stop acting like they have nothing. It's been over two weeks and nothing new has come out. Whatever evidence the police had today, they've had for days- and they've had most of it for the entire two weeks. Yet, they still haven't filed charges.

It was raining. The vehicle had tinted windows, and most of the people on Chippewa at 3:30 am are drunk. You think they got a good look at the driver? Supposedly there's a video of the incident- if the video didn't capture the driver, there's a good chance that the witnesses didn't get a good look either.

And there's a big flaw in what you just said: if the cops have evidence, why would they have to pressure the driver to come forward? If the driver doesn't come forward, they just take him to court. That's their job.

SpillerThrills
06-16-2008, 05:48 PM
now I understand that the police are claiming to have witnesses and everything else, but don't you think if they could prove that it was ML that he would have been brought in already???? honestly, if the Buffalo PD and the DA's office had something solid against Lynch they would have brought him in already no matter what his lawyer said....

Mudflap1
06-16-2008, 06:00 PM
Read what his attorney said. Can you say "out of court settlement" forthcoming?

X-Era
06-16-2008, 06:01 PM
now I understand that the police are claiming to have witnesses and everything else, but don't you think if they could prove that it was ML that he would have been brought in already???? honestly, if the Buffalo PD and the DA's office had something solid against Lynch they would have brought him in already no matter what his lawyer said....

They still are reviewing the videotape of the other drivers on the grassy knoll, while Lynch assembles to dream team. Think he will have to try on his driving gloves for the jury? If it doesn't fit, they must acquit.

Much to do about very little.

FinFaninBuffalo
06-16-2008, 07:28 PM
It was raining. The vehicle had tinted windows, and most of the people on Chippewa at 3:30 am are drunk. You think they got a good look at the driver? Supposedly there's a video of the incident- if the video didn't capture the driver, there's a good chance that the witnesses didn't get a good look either.

None of that matters to the passengers in the car. The rest of the witnesses do nothing but put the other players with Marshawn. That is why they were subpoenaed.


And there's a big flaw in what you just said: if the cops have evidence, why would they have to pressure the driver to come forward? If the driver doesn't come forward, they just take him to court. That's their job.

They want to pressure the driver to come forward to put this thing to rest without the expense and hassle of a trial. Clark was quoted again today that he hopes it can be resolved before going to the grand jury.

Their job is to go to court (if needed) with the strongest possible case. What could be stronger than a passenger in the car testifying that Lynch was driving? No rain. No dark night. No mistaken identity.

I still believe that Lynch will ultimately come forward and cut a deal with the DA.

OpIv37
06-16-2008, 07:38 PM
I still believe that Lynch will ultimately come forward and cut a deal with the DA.

yeah I agree with you there- most likely he'll try to make some deal to plead "no contest" and get a fine and community service.

The woman is already trying to sue him so if he admits guilt, it will hurt financially.

Bill Brasky
06-16-2008, 07:41 PM
the buffalo pd and DA looked like they were trying to get some publicity.. they may end up looking completely incompetent.

hmmm, reminds me of similar situation 2 years ago when the NY troopers let an escaped convict run around in the woods like a boy scout all summer...

Romes
06-17-2008, 03:21 AM
It looks like something will happen soon:

LINK (http://www.buffalonews.com/258/story/371561.html)

The article makes it sound like he will reach an out of court settlement with the victim and get slapped with a misdemeanor charge that'll fine him and give him some community work.

Which would seem relatively reasonable this point. I doubt the NFL will do anything further at that point since its his first offense. He may just get a phone call from Goodell telling not to f-up again...

Jan Reimers
06-17-2008, 06:33 AM
I'm sure someone will post a link, but there is a piece in today's Buffalo News speculating that Lynch may get a little tougher treatment - not quite the sweetheart deal he might have gotten earlier - because of his lack of cooperation.

Mr. Miyagi
06-17-2008, 06:50 AM
I'm sure someone will post a link, but there is a piece in today's Buffalo News speculating that Lynch may get a little tougher tretment - not quite the sweetheart deal he might have gotten earlier - because of his lack of cooperation.
Two weeks later. This is dumb. I cannot believe this DA still has a job.

dannyek71
06-17-2008, 06:59 AM
Heading down east/alexander street at 2am fri night I saw a police car hit a drunk guy , knocking him to the ground. The guy was visibly hurt and limping. The cops looked at him and just drove away. If they throw the the book at Marshawn, while these guys get away with it, I will be pretty upset.

Romes
06-17-2008, 07:10 AM
Heading down east/alexander street at 2am fri night I saw a police car hit a drunk guy , knocking him to the ground. The guy was visibly hurt and limping. The cops looked at him and just drove away. If they throw the the book at Marshawn, while these guys get away with it, I will be pretty upset.

I think you should start preparing to be pretty upset...

Saratoga Slim
06-17-2008, 07:22 AM
Lynch would be much better off coming in voluntarily to give his account of events to the police, versus being arrested and coming in handcuffed.

Better in terms of public opinion, but maybe not in terms of criminal charges. His lawyer probably would have advised him to offer some sort of admission if there was really compelling evidence against him. It's possible that his lawyer thinks that the charges can be beat altogether, which would have the positive implication of not leading to a suspension from Goodell. I don't think he'll get a suspension unless he pleads guilty or his convicted of something.

Jan Reimers
06-17-2008, 07:30 AM
Better in terms of public opinion, but maybe not in terms of criminal charges. His lawyer probably would have advised him to offer some sort of admission if there was really compelling evidence against him. It's possible that his lawyer thinks that the charges can be beat altogether, which would have the positive implication of not leading to a suspension from Goodell. I don't think he'll get a suspension unless he pleads guilty or his convicted of something.
I have no doubt there will be charges against him, or the driver of his SUV, if it wasn't him. The police and the DA have plenty of evidence that his Porsche Cayenne was involved in the hit and run. It's now a matter of determining who was driving.

Whether Lynch or one of his teammates comes forth voluntarily, or a grand jury is called, there will be charges.

And as pointed out in today's Buffalo News, any plea bargain reached now might not be as favorable to Lynch as he would have received had he cooperated from the start.

Typ0
06-17-2008, 07:32 AM
I would expect the thing holding all this up is the victim. ML will not come forward and talk until a deal is struck with the victim to avoid further civil penalties. Once they reach a settlement then ML can just fess up. As far as the police and DA's office dragging their feet these things take time. They probably feel there is still evidence out there that has not been added to their case file and they want it before they get a court date.

Ickybaluky
06-17-2008, 08:27 AM
I'm sure someone will post a link, but there is a piece in today's Buffalo News speculating that Lynch may get a little tougher treatment - not quite the sweetheart deal he might have gotten earlier - because of his lack of cooperation.

LINK (http://www.buffalonews.com/cityregion/story/372060.html)


But those sources suggested that any such deal now could include additional penalties. Those could include an “adjournment in contemplation of dismissal” that would require the driver to stay out of trouble for six months before the charge was dropped...

But could the two-week delay have jeopardized such a deal? And what kind of compromise could still be reached?

One local attorney who has defended such cases cited a possible plea to a more serious nontraffic violation, such as disorderly conduct.

With such a charge, a court could impose the “adjournment in contemplation of dismissal” that would leave the charges intact, usually for six months.

I thought this interesting:


Meanwhile, one of the most respected players in Bills history is urging Lynch to “do the right thing” and tell police everything he knows about the hit-and-run accident. Authorities still have not determined who was driving the vehicle.

Joe DeLamielleure, a former Bills guard now in the Pro Football Hall of Fame, said Lynch can still repair the damage that his image has suffered since the traffic incident.

“Marshawn needs to do the right thing. . . . Face up to it like a man. Go and tell the truth,” DeLamielleure told The Buffalo News. “Whether he or someone else was driving, he needs to go to the police, tell them what happened. . . . Young men make mistakes, and he’s still at a point where Buffalo fans would forgive him if he tells the truth.

“. . . The longer this [investigation] drags on, the worse it is for him.”

I agree with Joe D. This really isn't the big deal it is being made out to be, stuff more serious than this happens all the time. Lynch is just making it worse dragging it out. He should just go in and tell what he knows. If he did it, just cop to the charge and move on. People will forget soon enough, and it can just be the kind of hard lesson that a lot of guys his age learn when they make a mistake.

Typ0
06-17-2008, 08:57 AM
as I said above, if he just cops to the charge he's opening himself up for excessive civil penalties unless he reaches an agreement with the "victim".


LINK (http://www.buffalonews.com/cityregion/story/372060.html)



I thought this interesting:



I agree with Joe D. This really isn't the big deal it is being made out to be, stuff more serious than this happens all the time. Lynch is just making it worse dragging it out. He should just go in and tell what he knows. If he did it, just cop to the charge and move on. People will forget soon enough, and it can just be the kind of hard lesson that a lot of guys his age learn when they make a mistake.

DraftBoy
06-17-2008, 08:58 AM
Two weeks later. This is dumb. I cannot believe this DA still has a job.

:rofl: That's a ridiculous statement.

Dr. Lecter
06-17-2008, 09:03 AM
Two weeks later. This is dumb. I cannot believe this DA still has a job.

Why?

DraftBoy
06-17-2008, 09:06 AM
Why?

Because this case wasn't solved as fast as my weekly Law and Order show! If they can do it in 45 minutes, why can't the DA?!?

Dr. Lecter
06-17-2008, 09:07 AM
Because this case wasn't solved as fast as my weekly Law and Order show! If they can do it in 45 minutes, why can't the DA?!?

I hope the assistant is as hot as Angie Harmon. She could prosecute me anytime.

DraftBoy
06-17-2008, 09:11 AM
I hope the assistant is as hot as Angie Harmon. She could prosecute me anytime.

Bang!

TacklingDummy
06-17-2008, 09:36 AM
Trade Lynch.

patmoran2006
06-17-2008, 10:50 AM
The idiot DA knows that he doesn't have squat! He's trying to scare Marshawn and the other Bills players into talking, but without that, I don't think he has enough to bring him in. :shakeno:
YaY!!!!
lets show how much class we have and we can openly ROOT for a guy who hit a woman with his car and left the scene, to get away for it!!

Woo Hoo!!!!!!!!

Go Marshawn Lynch!!! Break the law and get away with it!!!!!!!!!!!!!

Saratoga Slim
06-17-2008, 11:07 AM
I have no doubt there will be charges against him, or the driver of his SUV, if it wasn't him. The police and the DA have plenty of evidence that his Porsche Cayenne was involved in the hit and run. It's now a matter of determining who was driving.

Whether Lynch or one of his teammates comes forth voluntarily, or a grand jury is called, there will be charges.

And as pointed out in today's Buffalo News, any plea bargain reached now might not be as favorable to Lynch as he would have received had he cooperated from the start.

I'm not saying there won't be charges -- I agree there will likely be. What I was saying is that the reason that Marshawn isn't coming forward may be because the lawyer thinks he can exploit weaknesses in the DA's case and leverage them toward dropping of charges or a palatable plea bargain. At this stage, from a pure legal defense standpoint (I'm a lawyer, though admittedly don't do much criminal law), you don't usually advise your client to 'fess up if you think there are weaknesses in the DA's case that you can use to your client's advantage in the plea negotiations.

I said "pure legal defense standpoint" because there is more than that involved here. In addition to the criminal charges Marshawn also has to deal with the court of public opinion, as well as the watchful eye of the commish. That complicates things, and makes the calculus of how to proceed a bit murkier.

Tatonka
06-17-2008, 11:18 AM
Read what his attorney said. Can you say "out of court settlement" forthcoming?

how do you out of court settle a criminal charge?

mybills
06-17-2008, 11:21 AM
Heading down east/alexander street at 2am fri night I saw a police car hit a drunk guy , knocking him to the ground. The guy was visibly hurt and limping. The cops looked at him and just drove away. If they throw the the book at Marshawn, while these guys get away with it, I will be pretty upset.
Did that really happen? :tap:

FinFaninBuffalo
06-17-2008, 11:33 AM
how do you out of court settle a criminal charge?

You take a plea bargain. It happens all of the time.

Mr. Miyagi
06-17-2008, 12:37 PM
It's so obvious they're making a huge deal out of an everyday minor case with no serious injury just because it's a professional athlete. If it was any of us, we would've been charged with something by now and a court date set. If they don't file charges after two weeks, that tells me they don't have enough evidence to file any charges. Grand jury? For a minor case like this? Please. This DA is wasting the taxpayers' money just so he can have his name in the papers longer.

That's why.

Jan Reimers
06-17-2008, 12:53 PM
It's a minor offense only because - thank God - the lady who was hit was not seriously injured. It could have been vehicular homicide.

And because it's a minor offense, Marshawn should now come forth. I know there may be a civil suit, but the minor injuries she sustained should not result in a huge settlement.

Trust me, one way or another, Marshawn - or the actual driver if it wasn't Marshawn - is going to be charged.

Mr. Miyagi
06-17-2008, 12:58 PM
It's easy for us to tell him to just tell the truth. I bet he wants to too, but it's the civil liability that is preventing him from admiting any wrongdoing. Who knows what this woman wants? I'm sure her lawyer is chomping at the bit to sue for huge money. It's how America works.

Typ0 got it exactly right. Marshawn won't talk until they've reached a settlement with this victim.

OpIv37
06-17-2008, 01:04 PM
It's easy for us to tell him to just tell the truth. I bet he wants to too, but it's the civil liability that is preventing him from admiting any wrongdoing. Who knows what this woman wants? I'm sure her lawyer is chomping at the bit to sue for huge money. It's how America works.

Typ0 got it exactly right. Marshawn won't talk until they've reached a settlement with this victim.

exactly.

At first I thought that Marshawn was being an ass by not talking, but I wasn't thinking about the civil angle. It could cost him millions in civil penalties if he admits guilt, and even if he won in civil court (which is highly unlikely), it would cost him tens of thousands in legal fees. I know he's rich, but rich people don't stay rich by pissing away tens of thousands of dollars.

Jan Reimers
06-17-2008, 01:09 PM
At this point, because Marshawn has been such a *****, I hope the woman he hits sues him for a bunch, and the DA charges him with every violation he possibly can. I hope Clark brings him up on charges before he can buy the woman off.

I've generally sided with Marshawn on this, but he is beginning to show an immoral, arrogant, uncaring personality which I don't like in anyone.

To Hell with your lawyer, Marshawn, stand up like a man and tell the truth!

I know it won't happen, because Marshawn has no moral compass, but I can vent, can't I?

Jan Reimers
06-17-2008, 01:15 PM
Oh, and I hope he gets suspended, too. He is a huge POS and I'd just as soon play without him.

OpIv37
06-17-2008, 01:18 PM
Oh, and I hope he gets suspended, too. He is a huge POS and I'd just as soon play without him.

unfortunately, our opponents have no problems putting a POS on the field if he can play football, so our options are a) to do the same and have a much better shot at winning or b) take the moral high ground, but at the expense of winning football games.

Mr. Miyagi
06-17-2008, 01:19 PM
At this point, because Marshawn has been such a *****, I hope the woman he hits sues him for a bunch, and the DA charges him with every violation he possibly can. I hope Clark brings him up on charges before he can buy the woman off.

I've generally sided with Marshawn on this, but he is beginning to show an immoral, arrogant, uncaring personality which I don't like in anyone.

To Hell with your lawyer, Marshawn, stand up like a man and tell the truth!

I know it won't happen, because Marshawn has no moral compass, but I can vent, can't I?
How has Marshawn been such a *****? Has he gloated to the media that "ain't nothing gonna stick to me cuz I'm untouchable"? Has he celebrated with his buddies by spraying champaign?

No - he's excercising his rights to remain silent and not incriminate himself. He's doing exactly what ANY lawyer worth his license would tell his client - "let me do the talking". Why is that so wrong?

Sure, ideally we should all be George Washington and admit to chopping down the cherry tree. But good ol' George didn't live in this era of ridiculous lawsuits. George would've lied his ass off too if he was getting sued for millions. Not saying it's the most noble thing to do, but in a case like this you gotta be smart.

Typ0
06-17-2008, 01:37 PM
exactly.

At first I thought that Marshawn was being an ass by not talking, but I wasn't thinking about the civil angle. It could cost him millions in civil penalties if he admits guilt, and even if he won in civil court (which is highly unlikely), it would cost him tens of thousands in legal fees. I know he's rich, but rich people don't stay rich by pissing away tens of
thousands of dollars.

he's not going to admit any guilt and win in civil court. It's possible that he could plead and not admit guilt. But wait a minute that doesn't work either because not only does ML have to worry about public opinion so does, and perhaps moreso, the DA. If the DA pleads this out without a guilt admission because that's the only thing the ML side can tolerate then he will get lambasted by the public for treating ML unlike everyone else. And since ML can't really admit any guilt we have a true catch-22 here that is solely dependant on ML being a celebrity in the first place. Like it or not celebrity is playing a critical role here and it's also causing the whole process to drag on.

Even if ML did it he's entitled to a defense and to be treated reasonably in the eyes of the law. If he just walks in and owns up to it he's not going to be treated reasonably. The courts are going to fine him and there will be probation. But then, the true unreasonable treatment will come in civil court. I wouldn't be surprised to see a witness sue him because they were subjected to "trauma". Catch-22. Don't make reservations for this thing to get cleared up too quickly.

Jan Reimers
06-17-2008, 01:41 PM
I'm sick of the friggin' coward, that's all. He's an irresponsible dickhead with no sense of right or wrong, and no compassion for the woman he hit, but luckily didn't kill.

I'm really pissed right now, Mr M., so don't try rational arguments on me.

Dr. Lecter
06-17-2008, 01:42 PM
exactly.

At first I thought that Marshawn was being an ass by not talking, but I wasn't thinking about the civil angle. It could cost him millions in civil penalties if he admits guilt, and even if he won in civil court (which is highly unlikely), it would cost him tens of thousands in legal fees. I know he's rich, but rich people don't stay rich by pissing away tens of thousands of dollars.

Again, under NYS law he is liable if his vehicle was involved, regardless of whom was driving.

Jan Reimers
06-17-2008, 01:46 PM
Again, under NYS law he is liable if his vehicle was involved, regardless of whom was driving.
Unfortunately, his insurance company will probably have to pay. I'd rather see it come out of his chicken s**t hide.

Dr. Lecter
06-17-2008, 01:50 PM
It's so obvious they're making a huge deal out of an everyday minor case with no serious injury just because it's a professional athlete. If it was any of us, we would've been charged with something by now and a court date set. If they don't file charges after two weeks, that tells me they don't have enough evidence to file any charges. Grand jury? For a minor case like this? Please. This DA is wasting the taxpayers' money just so he can have his name in the papers longer.

That's why.

So what is the alternative?

Let him get away with it? If somebody stonewalls law enforcement on a "minor" case the DA shoudl walk away?

OpIv37
06-17-2008, 01:51 PM
Again, under NYS law he is liable if his vehicle was involved, regardless of whom was driving.

that's the most ridiculous law I've ever heard in my life. This may sound insane, but I have this old-fashioned idea that you actually have to be the DRIVER to be liable for the DRIVER's actions.

But anyway, it's only semi-relevant. Even if the law makes the owner of the vehicle liable, the driver is going to face the worst of the punishment. If he was driving, the punishment will be more severe.

Dr. Lecter
06-17-2008, 01:53 PM
that's the most ridiculous law I've ever heard in my life. This may sound insane, but I have this old-fashioned idea that you actually have to be the DRIVER to be liable for the DRIVER's actions.

But anyway, it's only semi-relevant. Even if the law makes the owner of the vehicle liable, the driver is going to face the worst of the punishment. If he was driving, the punishment will be more severe.

The point of the law is that if I give you my car to drive then I assuming responsibility for your actions with the car. In other words, I am only supposed to let good drivers use my vehicle.

Not to mention that the burden of proof in the two courst is vastly different - as it stands right now there is already (likely) a preponderance of evidence that Lynch was driving. Maybe not beyond a reasonable doubt, but mroe than 50%.

justasportsfan
06-17-2008, 01:58 PM
that's the most ridiculous law I've ever heard in my life. This may sound insane, but I have this old-fashioned idea that you actually have to be the DRIVER to be liable for the DRIVER's actions..no it isn't. If your gun was involved in a crime you have to answer questions.

Or if your car was tagged in a bank robbery as the getaway car ,you better have answers too.



But anyway, it's only semi-relevant. Even if the law makes the owner of the vehicle liable, the driver is going to face the worst of the punishment. If he was driving, the punishment will be more severe.


all the DA wants is some questions answered so they can get to the bottom of all of this but he's obviously refusing to talk for whatever he's trying to hide.

OpIv37
06-17-2008, 02:04 PM
no it isn't. If your gun was involved in a crime you have to answer questions.

Or if your car was tagged in a bank robbery as the getaway car ,you better have answers too.

Answers are different than liability- if you let your friend borrow a pickup so he can move and he uses it to get away from a bank robbery instead, that doesn't make you an accessory.




all the DA wants is some questions answered so they can get to the bottom of all of this but he's obviously refusing to talk for whatever he's trying to hide.

He's taking his lawyer's advice due to a potential lawsuit. You'd be "hiding" too if you had millions of dollars at stake.

Mr. Miyagi
06-17-2008, 02:08 PM
So what is the alternative?

Let him get away with it? If somebody stonewalls law enforcement on a "minor" case the DA shoudl walk away?
Stonewalling? I suppose you can call it that. You have the right to stonewall us. Anything you're willing to admit will be used to solve our case for us and incriminate against yourself. Fine call it stonewalling.

If the DA's office is solely relying on their suspect confessing or they can't solve any crimes, they really should seek other employments.

justasportsfan
06-17-2008, 02:10 PM
Answers are different than liability- if you let your friend borrow a pickup so he can move and he uses it to get away from a bank robbery instead, that doesn't make you an accessory. . aha! but you would easily tell the Da what went down . You would open your mouth wider than Monica Lewinsky based on the scenario you provided.




He's taking his lawyer's advice due to a potential lawsuit. You'd be "hiding" too if you had millions of dollars at stake.
If I was Lynch the party would be at my house to begin with.

The basement would have sevral poles with beautiful women hanging from it and you won't be invited because you'd find a way to complain even if two of them were giving you a lap dance and want to have a 3some with you.

Dr. Lecter
06-17-2008, 02:14 PM
Answers are different than liability- if you let your friend borrow a pickup so he can move and he uses it to get away from a bank robbery instead, that doesn't make you an accessory.



He's taking his lawyer's advice due to a potential lawsuit. You'd be "hiding" too if you had millions of dollars at stake.

No, but there is a civil liability, although not a criminal one.

Mr. Miyagi
06-17-2008, 02:41 PM
Look, I'm not saying Marshawn is innocent or guilty. But I think it's reasonable for him not to walk into the nearest cop shop, throw his hands up and yell "I CONFESS!" just because we want him to, when it's not our millions of dollars at stake. He's doing what he's supposed to do, perfectly legal and even advised to remain silent. He's not gloating about it or anything. Why are we so harsh on him, especially when we don't have any of the facts? We're jumping to conclusions that he is guilty of a crime. We don't know jack. If any of us were in that situation and by admiting our guilt voluntarily, we jeopardized all our assets, our home, our wives, children, everything, we wouldn't be so quick to lay down and beg for mercy as some of us suggest Marshawn should do either.

It's always easier to tell other people to do the "right thing".

OpIv37
06-17-2008, 02:42 PM
The point of the law is that if I give you my car to drive then I assuming responsibility for your actions with the car. In other words, I am only supposed to let good drivers use my vehicle.

Not to mention that the burden of proof in the two courst is vastly different - as it stands right now there is already (likely) a preponderance of evidence that Lynch was driving. Maybe not beyond a reasonable doubt, but mroe than 50%.

Cars are expensive- who the hell would lend a car to someone that they know to be a bad driver or irresponsible? It's attempting to legislate common sense and it's attempting to hold people responsible for an action that is indirect at best.

OpIv37
06-17-2008, 02:46 PM
If I was Lynch the party would be at my house to begin with.

The basement would have sevral poles with beautiful women hanging from it and you won't be invited because you'd find a way to complain even if two of them were giving you a lap dance and want to have a 3some with you.

well of all the things Lynch has been accused of, being intelligent isn't one of them. Most of us would be smart enough to either party at home or hire a driver if we had his money.

As far as two strippers wanting to have a threesome with me, I'd complain because if Dora ever found out, she'd staple my sack to my thigh while I was sleeping.

Dr. Lecter
06-17-2008, 02:47 PM
Cars are expensive- who the hell would lend a car to someone that they know to be a bad driver or irresponsible? It's attempting to legislate common sense and it's attempting to hold people responsible for an action that is indirect at best.

It also has to do with insurance - the insurance is on the car. So if you borrow my car and splatter a slow moving soccer mom, my insurance has to pay, which makes me responsible.

I understand your point but it is used to not allow people to carelessly loan their car out to douchebags. Just like asking why do people drink and drive people also let friendship or blood relations cloud their judgment.

FinFaninBuffalo
06-17-2008, 02:49 PM
It's so obvious they're making a huge deal out of an everyday minor case with no serious injury just because it's a professional athlete. If it was any of us, we would've been charged with something by now and a court date set. If they don't file charges after two weeks, that tells me they don't have enough evidence to file any charges. Grand jury? For a minor case like this? Please. This DA is wasting the taxpayers' money just so he can have his name in the papers longer.

That's why.

Wrong.

It's in the papers because the paper ran the story. Clark is answering questions because reporters are asking them. If there is any motivation by Clark to use the press, it's to compell Lynch to do the right thing.

They called a grand jury because they have EYE WITNESSES that were IN THE VEHICLE AT THE TIME OF THE ACCIDENT that need to be compelled to provide evidence.

If it were you or I, we would not have been allowed to DRIVE TO HAMBURG after running someone down in the street. The SUV should have been pulled over that night.

Can you imagine the headlines if Clark doesn't close this case?

ATHLETE LET GO DESPITE SEVEN EYE WITNESSES TO THE CRIME

OpIv37
06-17-2008, 02:54 PM
Wrong.

It's in the papers because the paper ran the story. Clark is answering questions because reporters are asking them. If there is any motivation by Clark to use the press, it's to compell Lynch to do the right thing.

They called a grand jury because they have EYE WITNESSES that were IN THE VEHICLE AT THE TIME OF THE ACCIDENT that need to be compelled to provide evidence.

If it were you or I, we would not have been allowed to DRIVE TO HAMBURG after running someone down in the street. The SUV should have been pulled over that night.

Can you imagine the headlines if Clark doesn't close this case?

ATHLETE LET GO DESPITE SEVEN EYE WITNESSES TO THE CRIME

That's a pretty stupid thing to say. If the cops had seen it, they would have pulled him over too. Why? Because they didn't know who was driving at the time. It's ridiculous to think the cops had the chance to pull him over and just said "It's Lynch, let him go!"

Unless a cop saw it happen, as soon as he makes a turn and goes out of sight, there's no way to find the vehicle. What are they supposed to do- set up instant roadblocks? Give me a ****ing break.

FinFaninBuffalo
06-17-2008, 02:55 PM
Look, I'm not saying Marshawn is innocent or guilty. But I think it's reasonable for him not to walk into the nearest cop shop, throw his hands up and yell "I CONFESS!" just because we want him to, when it's not our millions of dollars at stake. He's doing what he's supposed to do, perfectly legal and even advised to remain silent. He's not gloating about it or anything. Why are we so harsh on him, especially when we don't have any of the facts? We're jumping to conclusions that he is guilty of a crime. We don't know jack. If any of us were in that situation and by admiting our guilt voluntarily, we jeopardized all our assets, our home, our wives, children, everything, we wouldn't be so quick to lay down and beg for mercy as some of us suggest Marshawn should do either.

It's always easier to tell other people to do the "right thing".

He should have stopped at the scene. If it truely were an accident, he wouldn't be guilty of any crime, unless he was driving drunk.

OpIv37
06-17-2008, 02:59 PM
He should have stopped at the scene. If it truely were an accident, he wouldn't be guilty of any crime, unless he was driving drunk.

that's not true either.

He wouldn't be guilty of hit and run but he'd be guilty of reckless driving, failure to yield to a pedestrian- he'd still be guilty of lesser offenses.

Granted, he still should have stopped, but you're grasping at straws here.

Mr. Miyagi
06-17-2008, 03:04 PM
that's not true either.

He wouldn't be guilty of hit and run but he'd be guilty of reckless driving, failure to yield to a pedestrian- he'd still be guilty of lesser offenses.

Granted, he still should have stopped, but you're grasping at straws here. Precisely.

Plus we're not debating what he should have done at the scene of the accident. No one is arguing that it was right for him to drive away. It was definitely a mistake, no doubt about that.

FinFaninBuffalo
06-17-2008, 03:11 PM
That's a pretty stupid thing to say. If the cops had seen it, they would have pulled him over too. Why? Because they didn't know who was driving at the time. It's ridiculous to think the cops had the chance to pull him over and just said "It's Lynch, let him go!"

Unless a cop saw it happen, as soon as he makes a turn and goes out of sight, there's no way to find the vehicle. What are they supposed to do- set up instant roadblocks? Give me a ****ing break.
I read somewhere early in the investigation that Lynch's SUV was recognized at the scene by an off-duty police officer. That is how they were able to locate it so quickly.

From a Buffalo News article:


Law enforcement sources said Buffalo police, assisted by Hamburg police, found the black 2008 Porsche Cayenne in the driveway of the Buffalo Bills running back’s Hamburg home — just one to two hours after the accident.


Sources said one police officer, who is regularly assigned to the Chippewa detail, recognized the Cayenne as the SUV that Lynch previously has driven in the area. The officer was among the witnesses who identified Lynch’s SUV, placing it at the scene of the accident, sources said.

As I said before. He should have been stopped that night.

FinFaninBuffalo
06-17-2008, 03:13 PM
that's not true either.

He wouldn't be guilty of hit and run but he'd be guilty of reckless driving, failure to yield to a pedestrian- he'd still be guilty of lesser offenses.

Granted, he still should have stopped, but you're grasping at straws here.

You have no idea if he would be guilty of the other offenses. I haven't heard anything about those charges being brought now. Driving off doesn't change anything. Where are those charges now?

FinFaninBuffalo
06-17-2008, 03:14 PM
Precisely.

Plus we're not debating what he should have done at the scene of the accident. No one is arguing that it was right for him to drive away. It was definitely a mistake, no doubt about that.

It was a mistake not to stop (and therefore show who was driving) but not to come forward later and say you were driving?

Mr. Miyagi
06-17-2008, 03:23 PM
It was a mistake not to stop (and therefore show who was driving) but not to come forward later and say you were driving?
Please read my previous posts. I don't feel like going in circles here.

justasportsfan
06-17-2008, 03:29 PM
well of all the things Lynch has been accused of, being intelligent isn't one of them. Most of us would be smart enough to either party at home or hire a driver if we had his money..well, then So we 've come to the conclusion he's an idiot. Then he should pay up for being one and if doesn't learn from this , then he will eventually lose more.



As far as two strippers wanting to have a threesome with me, I'd complain because if Dora ever found out, she'd staple my sack to my thigh while I was sleeping.
it would so be worth it.

Mr. Miyagi
06-17-2008, 03:32 PM
it would so be worth it.
Not if it goes through the testicles. :ill:

justasportsfan
06-17-2008, 03:34 PM
Not if it goes through the testicles. :ill:
it'll heal.

OpIv37
06-17-2008, 03:36 PM
I read somewhere early in the investigation that Lynch's SUV was recognized at the scene by an off-duty police officer. That is how they were able to locate it so quickly.

From a Buffalo News article:





As I said before. He should have been stopped that night.

well, where and how did the officer recognize it? If he saw the SUV drive by and knew it was involved in an accident, he absolutely should have pulled it over. But did he recognize it from pictures or video after the incident occurred? Was the officer off duty? Was he on foot without a vehicle to pull him over? Just because the officer recognized the car does not mean he was in a position to pull it over. And once it goes out of sight, what is the officer supposed to do? Finding it is a needle in a haystack at that point.

Mr. Miyagi
06-17-2008, 03:49 PM
well, where and how did the officer recognize it? If he saw the SUV drive by and knew it was involved in an accident, he absolutely should have pulled it over. But did he recognize it from pictures or video after the incident occurred? Was the officer off duty? Was he on foot without a vehicle to pull him over? Just because the officer recognized the car does not mean he was in a position to pull it over. And once it goes out of sight, what is the officer supposed to do? Finding it is a needle in a haystack at that point. Who said there was even a cop there? It's absolutely ridiculous to say that there was a cop there saw the whole thing and let him go because he recognized it was Marshawn. Total stretch of logic.

FinFaninBuffalo
06-17-2008, 03:53 PM
well, where and how did the officer recognize it? If he saw the SUV drive by and knew it was involved in an accident, he absolutely should have pulled it over. But did he recognize it from pictures or video after the incident occurred? Was the officer off duty? Was he on foot without a vehicle to pull him over? Just because the officer recognized the car does not mean he was in a position to pull it over. And once it goes out of sight, what is the officer supposed to do? Finding it is a needle in a haystack at that point.

Here is a link to the article: http://www.buffalonews.com/home/story/362012.html

The officer would have had a radio. He didn't need to pull the SUV over personally.

IMO, they could have contacted the Hamburg police and had a police car waiting at the house. If they were there an hour after the accident (it takes 30 minutes just to drive to Hamburg), they had plenty of time to do that. They didn't need to have a police chase. Why did the BPD need to be there to pick up the SUV? If they radio ahead, it saves the 30 minutes of travel time to Hamburg.

The driver would be known and they would also know if alcohol was involved. Can you imagine if the woman had been seriously injured or killed and the police failed to act more quickly?

FinFaninBuffalo
06-17-2008, 03:56 PM
Who said there was even a cop there? It's absolutely ridiculous to say that there was a cop there saw the whole thing and let him go because he recognized it was Marshawn. Total stretch of logic.

It was reported in the Buffalo News.

Take off your red and blue glasses and read the simple facts:


Sources said one police officer, who is regularly assigned to the Chippewa detail, recognized the Cayenne as the SUV that Lynch previously has driven in the area. The officer was among the witnesses who identified Lynch’s SUV, placing it at the scene of the accident, sources said.

I'm not making this crap up......

Novacane
06-17-2008, 04:15 PM
Wow. I can't believe some of the posts in this thread. The DA and cops are now the bad guys and Lynch is just a poor victim of those evil bastards. :rolleyes:

OpIv37
06-17-2008, 04:58 PM
Here is a link to the article: http://www.buffalonews.com/home/story/362012.html

The officer would have had a radio. He didn't need to pull the SUV over personally.

IMO, they could have contacted the Hamburg police and had a police car waiting at the house. If they were there an hour after the accident (it takes 30 minutes just to drive to Hamburg), they had plenty of time to do that. They didn't need to have a police chase. Why did the BPD need to be there to pick up the SUV? If they radio ahead, it saves the 30 minutes of travel time to Hamburg.

The driver would be known and they would also know if alcohol was involved. Can you imagine if the woman had been seriously injured or killed and the police failed to act more quickly?

First of all, let's cut this "can you imagine if...." crap because she wasn't injured more seriously. Marshawn has to be judged on what happened, not on what could have happened.

Second, if an officer was at the scene and saw someone get hurt, he's trained to help the person who got hurt.

Third, they got their man so what difference does it make if it was 5 seconds, 5 minutes or 5 hours? They had no idea where he was headed and they can't just put all the cops on a wild goose chase for a minor incident.

You're acting like they had a reasonable opportunity to pull him over but didn't and that's simply not how it happened.

Mr. Miyagi
06-17-2008, 05:09 PM
It was reported in the Buffalo News.

Take off your red and blue glasses and read the simple facts:



I'm not making this crap up...... I don't see it anywhere that says the cop let him go because it was Marshawn. If that is the case that cop needs to be fired. I don't understand what you're even getting at.

What exactly is your point?

That it was bad to not stop when you hit somebody? Obviously.

Did he know he hit somebody? We don't know.

Should he confess right now? Not when there's this big chick waiting to get rich out of it.

FinFaninBuffalo
06-17-2008, 05:31 PM
Third, they got their man so what difference does it make if it was 5 seconds, 5 minutes or 5 hours? They had no idea where he was headed and they can't just put all the cops on a wild goose chase for a minor incident.

THEY WENT TO HIS F'N HOUSE AN HOUR AFTER THE INCIDENT. THAT INCLUDES THE 30 MINUTE DRIVE TIME FROM DOWN TOWN. SIMPLY SEND THE HAMBURG POLICE INSTEAD OF WAITING FOR THE BPD TO GO ALL THE WAY TO HAMBURG. NO WILD GOOSE CHASE.

You Lynch apologists are F'n ridiculous. First you deny that any cops were witnesses. Now it's some BS about a wild goose chase. Unreal.


You're acting like they had a reasonable opportunity to pull him over but didn't and that's simply not how it happened.

They had a reasonable opportunity to catch him driving (quite possibly drunk). If you can't (or won't) understand that, then I don't know what else to say. All of this nonsense about proving who was driving could have been avoided.

FinFaninBuffalo
06-17-2008, 05:36 PM
I don't see it anywhere that says the cop let him go because it was Marshawn. If that is the case that cop needs to be fired. I don't understand what you're even getting at.

What exactly is your point?

That it was bad to not stop when you hit somebody? Obviously.

Did he know he hit somebody? We don't know.

Should he confess right now? Not when there's this big chick waiting to get rich out of it.

I give up. You're right. Lynch is a victim of "the man". Poor guy was minding his own business when some gold-digging, drunk, hockey-loving b!itch ran into his car. She should have to pay for the damages to his SUV. Stupid b!itch. Doesn't she know that the Bills need Lynch this season?

OpIv37
06-17-2008, 06:37 PM
THEY WENT TO HIS F'N HOUSE AN HOUR AFTER THE INCIDENT. THAT INCLUDES THE 30 MINUTE DRIVE TIME FROM DOWN TOWN. SIMPLY SEND THE HAMBURG POLICE INSTEAD OF WAITING FOR THE BPD TO GO ALL THE WAY TO HAMBURG. NO WILD GOOSE CHASE.

You Lynch apologists are F'n ridiculous. First you deny that any cops were witnesses. Now it's some BS about a wild goose chase. Unreal.



They had a reasonable opportunity to catch him driving (quite possibly drunk). If you can't (or won't) understand that, then I don't know what else to say. All of this nonsense about proving who was driving could have been avoided.

your hatred is blinding you.

Just because a cop was a witness does not mean he had an opportunity to pull him over. And there are jurisdictional issues with sending Hamburg police to pick up a guy for something that happened in Buffalo. A second ago you were complaining about them not pulling him over, now you're complaining about how long it took them to get to his house. You don't even know what you're mad about anymore.

FinFaninBuffalo
06-17-2008, 07:21 PM
your hatred is blinding you.

Just because a cop was a witness does not mean he had an opportunity to pull him over. And there are jurisdictional issues with sending Hamburg police to pick up a guy for something that happened in Buffalo. A second ago you were complaining about them not pulling him over, now you're complaining about how long it took them to get to his house. You don't even know what you're mad about anymore.

http://i5.photobucket.com/albums/y185/rsmithgi/31-36156-F.jpg

X-Era
06-17-2008, 07:31 PM
First of all, let's cut this "can you imagine if...." crap because she wasn't injured more seriously. Marshawn has to be judged on what happened, not on what could have happened.

Second, if an officer was at the scene and saw someone get hurt, he's trained to help the person who got hurt.

Third, they got their man so what difference does it make if it was 5 seconds, 5 minutes or 5 hours? They had no idea where he was headed and they can't just put all the cops on a wild goose chase for a minor incident.

You're acting like they had a reasonable opportunity to pull him over but didn't and that's simply not how it happened.
No crap.

She supposedly laid there for 15 minutes before getting up on her own. Now I know police officers like donuts, but even a fat PO in eyesight of this should have been able to help her in 15 minutes.

Im over getting ticked at all the "talk" and "hype" on this, its become laughable. Its a petty crime, and should be treated like such. Some here think this is OJ Simpson part Deux (or better yet Duhh).

Tatonka
06-17-2008, 07:54 PM
YaY!!!!
lets show how much class we have and we can openly ROOT for a guy who hit a woman with his car and left the scene, to get away for it!!

Woo Hoo!!!!!!!!

Go Marshawn Lynch!!! Break the law and get away with it!!!!!!!!!!!!!

oh.. i didnt realize lynch was guilty.. link?:oops:

Mitchy moo
06-17-2008, 08:03 PM
oh.. i didnt realize lynch was guilty.. link?:oops:
It's his car, therefore the car is guilty.

Jan Reimers
06-17-2008, 08:03 PM
Its a petty crime, and should be treated like such.
It's a petty crime only because the woman wasn't killed. We can all be thankful for that on many levels.

But to marginalize a hit and run where someone could have been seriously injured or killed is a little cavalier.

And if it IS such a petty crime, why doesn't the petty criminal who perpetrated it come forward? He now knows - unlike the night it happened - that there are no serious injuries. So why not act like a man now, at least?

FinFaninBuffalo
06-17-2008, 08:33 PM
It's a petty crime only because the woman wasn't killed. We can all be thankful for that on many levels.

But to marginalize a hit and run where someone could have been seriously injured or killed is a little cavalier.

And if it IS such a petty crime, why doesn't the petty criminal who perpetrated it come forward? He now knows - unlike the night it happened - that there are no serious injuries. So why not act like a man now, at least?

Because his right to be a punk is protected by the constitution.

Mitchy moo
06-17-2008, 08:38 PM
Because his right to be a punk is protected by the constitution.

As is is your right of free speech. He has been charged with 0 and up until this point we know very little of the case against him or anyone who was driving. We can make a case for the SUV getting in trouble but nothing else yet.

FinFaninBuffalo
06-17-2008, 08:53 PM
As is is your right of free speech. He has been charged with 0 and up until this point we know very little of the case against him or anyone who was driving. We can make a case for the SUV getting in trouble but nothing else yet.

Sorry, but you can't have it both ways. The 5th amendment protects Lynch from being a witness against himself, not from being a witness against someone else if they were driving. He is either protecting himself from a hit and run charge or is committing obstruction of justice. Take your pick.

Mitchy moo
06-17-2008, 09:07 PM
Sorry, but you can't have it both ways. The 5th amendment protects Lynch from being a witness against himself, not from being a witness against someone else if they were driving. He is either protecting himself from a hit and run charge or is committing obstruction of justice. Take your pick.

Is there a chance he took another car home? Like the one with the 18 year old in it.

FinFaninBuffalo
06-18-2008, 06:33 AM
Is there a chance he took another car home? Like the one with the 18 year old in it.

Which would clearly explain hiding behind the 5th Amendment.......

Typ0
06-18-2008, 06:34 AM
Sorry, but you can't have it both ways. The 5th amendment protects Lynch from being a witness against himself, not from being a witness against someone else if they were driving. He is either protecting himself from a hit and run charge or is committing obstruction of justice. Take your pick.

he does not have to talk to the police. He could be completely innocent...not there, car was stolen yada yada...and he does not have to talk to the police.

Typ0
06-18-2008, 06:36 AM
Which would clearly explain hiding behind the 5th Amendment.......

what does the 5th amendment have to do with what is going on? Isn't that amendment protection against the state compelling testimony into evidence at trial? That is not what is going on here.

FinFaninBuffalo
06-18-2008, 06:38 AM
he does not have to talk to the police. He could be completely innocent...not there, car was stolen yada yada...and he does not have to talk to the police.

You're right. No obstruction charge can be made, but it would look really bad and he is either hindering the investigation of a hit and run or a car theft......

FinFaninBuffalo
06-18-2008, 06:45 AM
what does the 5th amendment have to do with what is going on? Isn't that amendment protection against the state compelling testimony into evidence at trial? That is not what is going on here.
I think the right to remain silent is based on the 5th amendment. Basically forcing someone to answer questions could circumvent their 5th amendment right against self-incrimination.

From wikipedia:


In the United States (http://en.wikipedia.org/wiki/United_States), the Fifth Amendment to the United States Constitution (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (part of the Bill of Rights (http://en.wikipedia.org/wiki/United_States_Bill_of_Rights)) codifies the right to silence. The Supreme Court (http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States) has ruled that suspects questioned while in police custody must be told of their rights in what have become known as Miranda warnings (http://en.wikipedia.org/wiki/Miranda_warning). Miranda warnings are not required to be given during the questioning of a suspect prior to actual arrest, for example during the execution of a search warrant (http://en.wikipedia.org/wiki/Search_warrant).
However, if the state feels the need, a suspect or subpoenaed grand jury (http://en.wikipedia.org/wiki/Grand_jury) witness may be given a grant of immunity (http://en.wikipedia.org/wiki/Prosecutorial_immunity) and compelled to give testimony under oath. The interplay of local, state, and federal law is complicated in this area.

Typ0
06-18-2008, 06:59 AM
I think the right to remain silent is based on the 5th amendment. Basically forcing someone to answer questions could circumvent their 5th amendment right against self-incrimination.

From wikipedia:

OK....so what is your arguement again?

Jan Reimers
06-18-2008, 07:00 AM
Marshawn can't hide behind his legal, or constitutional rights, forever. No one has any rights under law to run someone down and callously drive away from the scene.

And I'm sick of the argument that he didn't do it. If that were the case, why wouldn't he come forward?

He's a moral coward and a reprehensible human being.

FinFaninBuffalo
06-18-2008, 07:17 AM
OK....so what is your arguement again?

The right to remain silent is intended to protect someone from self-incrimination. If he wasn't driving, there would be no self-incrimination. His silence would only serve to protect someone else. While he can't be charged with obstruction, he'd surely be obstructing justice.

So, he is either the driver or protecting the driver. Some want to argue both sides.

TedMock
06-18-2008, 08:58 AM
Marshawn can't hide behind his legal, or constitutional rights, forever. No one has any rights under law to run someone down and callously drive away from the scene.

And I'm sick of the argument that he didn't do it. If that were the case, why wouldn't he come forward?

He's a moral coward and a reprehensible human being.

Don't you think you're judging him without knowing the facts of the case? I'm not forgiving the action of knowingly hitting someone and driving away. That is indeed disgusting, but I have no idea as to whether or not it actually went down like that. There are outside factors right now. To say you can't possibly hit something and not realize it is completely inaccurate. I'm living proof of that fact. Supposedly there was heavy rain, that's pounding off the car and making noise. My lone assumption is that he probably had the stereo pretty loud as that's what most young men I see driving have going on. The police officer said that the vehicle never slowed down. That's the part I find odd. If you knowingly (or even think you may have) hit something, you're going to slow down or tap the break to see, even if you intend on running from the scene. We don't know what the lasik surgery was for - near or far. Were they hootin and hollerin at the other girl who was dancing around on the street ahead of the victim, thus not realizing the accident even occurred? Did they just flat-out panic? That's obviously not a good defense and if it happened that will come out and he'll be charged for it.

I need to see the evidence before making a judgement either way. Right now, we just don't know what happened. He's doing the right thing by listening to his attorney and the the investigators are doing the right thing by doing a thorough job. It's only been a few weeks, but people don't realize that it's not a very long time when it comes to stuff like this. They have thousands of other cases and this one is not (and should not) be the top priority. With any caseload an investigator has matters that are more urgent than others and in all cases they should do a thorough job before bringing any charges.

On a side note: a friend of mine is a federal agent and I asked him about the whole negotiating thing on the criminal side. His exact words to me were "that DA up there sounds like a ***** sandwich." He said the immediate refusal to offer negotiated terms in NOT the norm in any district he's worked (DC, MD, VA). Basically, they come in and say "we're considering bringing charges X, Y and Z against your client, but if he cooperates with us and answers our questions honestly, we'll drop Y and Z. Otherwise, we're moving forward aggressively." Then they haggle a bit, etc.

Jan Reimers
06-18-2008, 09:50 AM
I'm sick of people making excuses for him. Enough time has transpired - and potential charges identified - for him to come forward. If he somehow wasn't involved, why doesn't he say so?

He can come in with his lawyer, so he is not going to be unfairly interrogated, intimidated, forced into a false confession or any of the other things that might happen if he were not represented by counsel.

If he was involved, he has a lawyer to negotiate a plea bargain.

His continued silence - which has led to subpoenas and the possible empanelment of a grand jury - makes me not only skeptical of his innocence, but also makes me question his character. I guess he's the kind of guy who would rather have his teammates and Bills execs face a grand jury, than take responsibility for his actions - whatever those actions might have been.

TedMock
06-18-2008, 10:27 AM
I'm sick of people making excuses for him. Enough time has transpired - and potential charges identified - for him to come forward. If he somehow wasn't involved, why doesn't he say so?

He can come in with his lawyer, so he is not going to be unfairly interrogated, intimidated, forced into a false confession or any of the other things that might happen if he were not represented by counsel.

If he was involved, he has a lawyer to negotiate a plea bargain.

His continued silence - which has led to subpoenas and the possible empanelment of a grand jury - makes me not only skeptical of his innocence, but also makes me question his character. I guess he's the kind of guy who would rather have his teammates and Bills execs face a grand jury, than take responsibility for his actions - whatever those actions might have been.

I'm not making excuses for him at all. I wouldn't do that. But you can obviously see that in my above post which has not made one single excuse for him. I'm just not one to jump at something until I really know what's going on. Right now, all I have is what the newspaper has been given. I'm also not blind to what common sense is telling us and yes, he most likely was driving, but that's all I really have. Any real facts of the case would be just that - facts, not excuses. Think rationally about this for a minute. The facts may very well place him on the extreme side of guilty and I have no problem with that. He'll get what he deserves and I will say he deserves to be punished. The facts may also place him as having completely not realized the incident happened. If that's the case he should pay to a far lesser degree. There are sanctions guidelines and the facts that we don't have will determine what side of the guidelines Lynch will receive. He would be a complete fool to come forward with anything if that's against what his attorney is advising. Anybody would, right, wrong, or otherwise. I've also worked enough cases over the years to be pretty confident that all of the attorney's are in contact with one another. Hardy's, Johnson's, Gaddis' and Lynch's attorney are undoubtedly communicating and most likely on the same page. This is just how the process works. If I hired a very good, well respected attorney and that person said "I want you to remain completely silent on the subject, to anybody including law enforcement, until I say otherwise, so I can do my job and represent you as best I can," I would be completely stupid to do otherwise.

Typ0
06-18-2008, 10:49 AM
I'm sick of people making excuses for him. Enough time has transpired - and potential charges identified - for him to come forward. If he somehow wasn't involved, why doesn't he say so?

He can come in with his lawyer, so he is not going to be unfairly interrogated, intimidated, forced into a false confession or any of the other things that might happen if he were not represented by counsel.

If he was involved, he has a lawyer to negotiate a plea bargain.

His continued silence - which has led to subpoenas and the possible empanelment of a grand jury - makes me not only skeptical of his innocence, but also makes me question his character. I guess he's the kind of guy who would rather have his teammates and Bills execs face a grand jury, than take responsibility for his actions - whatever those actions might have been.

the grand jury determines if there is enough evidence for the case to go to trial. If they don't feel there is sufficient evidence of course they would go to grand jury. Why plea bargain if you don't think you can be convicted? You seem to be holding ML responsible for the way the system is designed. I never really saw you as such a bleeding heart jump on a cause liberal before.

Typ0
06-18-2008, 10:51 AM
On a side note: a friend of mine is a federal agent and I asked him about the whole negotiating thing on the criminal side. His exact words to me were "that DA up there sounds like a ***** sandwich." He said the immediate refusal to offer negotiated terms in NOT the norm in any district he's worked (DC, MD, VA). Basically, they come in and say "we're considering bringing charges X, Y and Z against your client, but if he cooperates with us and answers our questions honestly, we'll drop Y and Z. Otherwise, we're moving forward aggressively." Then they haggle a bit, etc.


where did you see that they refuse to offer negotiated terms?

Jan Reimers
06-18-2008, 11:12 AM
I know all the friggin' legal arguments, for crissakes. I just think Marshawn is a dick and a coward.

Someone was driving Marshawn's vehicle, which hit and injured a woman and left the scene. I would bet big money that he was driving, or knows who was. He also knows - now that the woman's injuries are minor - that he, or whomever was driving, will not be facing major criminal charges.

But, by his cowardly silence, he is forcing people around him to go through the rigors of a grand jury hearing. And, as the old saying goes, "a grand jury will indict a ham sandwich."

If you guys want to defend him, fine. But can the legal crap. I know, and as the little punk he is, he knows what his rights are. But he's just not the kind of guy I'd want to go to war with, literally or figuratively.

DarbyTheDinosaur
06-18-2008, 11:18 AM
Marshawn can't hide behind his legal, or constitutional rights, forever. No one has any rights under law to run someone down and callously drive away from the scene.

And I'm sick of the argument that he didn't do it. If that were the case, why wouldn't he come forward?

He's a moral coward and a reprehensible human being.

Sounds to me like someone has too much comfort living in a police state.

Marshawn can remain silent through the entire process if he wants. Does his silence mean he can't be charged or convicted? No. But he can remain silent.

He has not been charged, so he is choosing not to discuss it. There is nothing wrong with that. Believe it or not, the burden of proof falls on the accuser in this country. If someone accuses me of something, I'm not saying anything to or about that accuser/accusation. No way am I helping them make a case against me whether it be valid or flat out wrong.

In my eyes, if Marshawn is charged and convicted and does not show any remorse then...well, then he is a "moral coward and reprehensible human being". Until that happens, if ever, I'll prefer to reserve judgment.

TedMock
06-18-2008, 01:01 PM
where did you see that they refuse to offer negotiated terms?

I read it a while back. This article touches on it.

http://www.buffalonews.com/258/story/366062.html

"He opted not to speak, which is his right," District Attorney Frank J. Clark said. "He wanted a precondition to his disclosing the information, and that was not something we were willing to give."

Typ0
06-19-2008, 10:05 AM
I read it a while back. This article touches on it.

http://www.buffalonews.com/258/story/366062.html

"He opted not to speak, which is his right," District Attorney Frank J. Clark said. "He wanted a precondition to his disclosing the information, and that was not something we were willing to give."

well, that depends on what the precondition is. He might very well have said if he talks that he wants to be excluded from prosecution. Of course the DA is going to say no to that because ML can then go on to say he was totally ripped and laughing when he hit the broad and nothing could be done about it.

X-Era
06-19-2008, 01:40 PM
Marshawn can't hide behind his legal, or constitutional rights, forever. No one has any rights under law to run someone down and callously drive away from the scene.

And I'm sick of the argument that he didn't do it. If that were the case, why wouldn't he come forward?

He's a moral coward and a reprehensible human being.
Now THATS a whole other issue.

We havent talked about morality yet. I will agree that if he wanted to be the "good guy" he would turn himself in. That makes a ton of sense for someone who is now having a brush with the law and wants to show he is a straight arrow.

My issue is the way the PD and the DA are handling it and the way the media has already tried and convicted him and is in the process of Lynching Lynch.

But as for him, the right thing to do, would be to come forward and clear the air. Like it or lump it he doesn't have to, but he should to show hes an upstanding citizen.

MY guess, purely conjecture on my part, is that he talked with his attorney and may have even suggested that he go and turn himself in and that the attorney told him not to. A smart attorney would know that there is a significant amount of risk in what the DA may do, the local media, or the NFL for that matter. Can anyone honestly say if they were his attorney, and they knew the DA had little evidence, and that the NFL, media, and DA/PD could do a whole TON of character defamation on the guy, that they would STILL tell Lynch to come forward? Thats not logical in any world.

Many may not like whats happening and would wish Lynch to be an upstanding guy, EVEN ME. But, the media is a giant whore who will slander anyone just to sell their useless rags, the DA/PD LOVE to eat up attention on a famous case, and the NFL has a no tolerance stance at this point due to all the idiots that keep filling the rosters. Lynch may not be making the best moral choice, but he is making a smart one given all the factors involved... and its his RIGHT!

TedMock
06-19-2008, 01:41 PM
well, that depends on what the precondition is. He might very well have said if he talks that he wants to be excluded from prosecution. Of course the DA is going to say no to that because ML can then go on to say he was totally ripped and laughing when he hit the broad and nothing could be done about it.

True.

Tatonka
06-19-2008, 01:44 PM
He's a moral coward and a reprehensible human being.

wow.. sounds like you were the woman he ran over.

Tatonka
06-19-2008, 01:46 PM
I know all the friggin' legal arguments, for crissakes. I just think Marshawn is a dick and a coward.

Someone was driving Marshawn's vehicle, which hit and injured a woman and left the scene. I would bet big money that he was driving, or knows who was. He also knows - now that the woman's injuries are minor - that he, or whomever was driving, will not be facing major criminal charges.

But, by his cowardly silence, he is forcing people around him to go through the rigors of a grand jury hearing. And, as the old saying goes, "a grand jury will indict a ham sandwich."

If you guys want to defend him, fine. But can the legal crap. I know, and as the little punk he is, he knows what his rights are. But he's just not the kind of guy I'd want to go to war with, literally or figuratively.

:cry:

dplus47
06-19-2008, 05:53 PM
Sounds to me like someone has too much comfort living in a police state.



In my eyes, if Marshawn is charged and convicted and does not show any remorse then...well, then he is a "moral coward and reprehensible human being". Until that happens, if ever, I'll prefer to reserve judgment.

no offense meant here, but you, too, seem pretty reliant on the almighty state.

do you believe that the state's judgment has anything to do with whether one should step up and take responsibility for his actions or show remorse?

the state is irrelevant here, IMO. people are responsible for their actions and, like it or not, people are responsible for each other to a certain extent.

it's funny to hear people calling jan a "liberal" (as if that word has any meaning in our country) when he is the one who is calling for lynch to exercise "personal responsibility."

jan also seems to be calling for lynch to quit wasting public time and money by dragging this out. some may blame the DA for the waste of time and money, and i'm not a fan of DA's in general, but if it were any of us whose vehicle struck someone, does anybody honestly think the law would just "give up" if we remained silent, as lynch has? the only difference, IMO, is that it wouldn't be in the newspaper.

political leanings have nothing to do with people's positions on this issue. anybody can take anybody's argument here and call it "liberal" or "conservative," because those terms have been meaningless for quite some time.

the charge is a misdemeanor; the legal ramifications are not severe and they have been that way since day 1, so the strategy of silence makes little sense to me. from a PR standpoint alone, lynch should have done the right thing long ago.

why go down this road when the most severe punishment coming is from the court of public opinion?

DarbyTheDinosaur
06-23-2008, 11:01 AM
no offense meant here, but you, too, seem pretty reliant on the almighty state.

do you believe that the state's judgment has anything to do with whether one should step up and take responsibility for his actions or show remorse?

the state is irrelevant here, IMO. people are responsible for their actions and, like it or not, people are responsible for each other to a certain extent.

it's funny to hear people calling jan a "liberal" (as if that word has any meaning in our country) when he is the one who is calling for lynch to exercise "personal responsibility."

jan also seems to be calling for lynch to quit wasting public time and money by dragging this out. some may blame the DA for the waste of time and money, and i'm not a fan of DA's in general, but if it were any of us whose vehicle struck someone, does anybody honestly think the law would just "give up" if we remained silent, as lynch has? the only difference, IMO, is that it wouldn't be in the newspaper.

political leanings have nothing to do with people's positions on this issue. anybody can take anybody's argument here and call it "liberal" or "conservative," because those terms have been meaningless for quite some time.

the charge is a misdemeanor; the legal ramifications are not severe and they have been that way since day 1, so the strategy of silence makes little sense to me. from a PR standpoint alone, lynch should have done the right thing long ago.

why go down this road when the most severe punishment coming is from the court of public opinion?

I don't recall classifying Jan as a liberal or conservative. I was merely saying that Lynch has (had) a constitutional right to remain silent. That to me, is a basic right in this country's judicial system, not a blind reliance on the State. In fact, to me it is a check and balance system to avoid blind reliance on the State by keeping them honest (making them prove out charges without giving yourself up).

Jan Reimers
06-23-2008, 11:14 AM
wow.. sounds like you were the woman he ran over.
No, I haven't undergone a sex change, and my wife is happy with that.

But if you or a member of your family had been run down, would you be happy with Marshawn?