I'll just add that I like the player environment of the Chargers roster right now. There doesn't appear to be any head cases or guys who can't stay out of trouble. IMO, a lot of that is down to veteran leadership from guys like Keenan Allen and Joey Bosa, and even Austin Ekeler, who serve as role models for how to conduct yourself - on the field, in the locker room and off the field - as a professional athlete in the NFL. I don't think Punt God would have been a good fit here.
OT Matt Araiza - Accused Of Rape
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Originally posted by Velo View PostI'll just add that I like the player environment of the Chargers roster right now. There doesn't appear to be any head cases or guys who can't stay out of trouble. IMO, a lot of that is down to veteran leadership from guys like Keenan Allen and Joey Bosa, and even Austin Ekeler, who serve as role models for how to conduct yourself - on the field, in the locker room and off the field - as a professional athlete in the NFL. I don't think Punt God would have been a good fit here.Now, if you excuse me, I have some Charger memories to suppress.
The Wasted Decade is done.
Build Back Better.
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Originally posted by Budsman View Post
I try to avoid these convos but I’ll put in my two cents. People are innocent until proven guilty in a court of law, she doesn’t have enough proof to convict in a Criminal case so she is taking it to civil court. In todays age of believe everyone and cancel culture it’s much easier to get 51% of a jury to agree on guilt than 100%.
I have no clue if her claim is true and if it is I feel extremely bad for her. I also know that our legal system does feel bad sometimes because it requires the burden of proof to be on the victim to prove the crime. This may feel bad but it is by design, our legal system is willing to let guilty people walk to avoid having innocent people in jail (and still fails).
Overall, I don’t know what happened and I don’t feel like speculating on it. The court will decide if he is civilly guilty and in this current culture he is likely to be convicted, imho.
Good job Araiza, you pulled it off. You took her into a private room away from the public eye. Genius.Now, if you excuse me, I have some Charger memories to suppress.
The Wasted Decade is done.
Build Back Better.
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Originally posted by Steve View PostIt's not magic to think he was going to be an NFL player. He was possibly the most exciting punter prospect in NFL history. Plus, never underestimate the ability of local people to overestimate how good their local prospects are.
That being said, yeah, I don't think money is at the root of this. If it was, they would have waited, unless there is some time limit coming up. Even then, he is a punter, so while there some money there potentially, he really wasn't going to make a boatload right off the bat. Even if her attorney didn't know that, it would have taken him less than an hour to do the research.
To me, this has to be her trying to get her pound of flesh. She, or her legal team, seems to be trying to stop his career before it gets started, which I think they have probably done.
This is likely an attorney working on a contingent fee basis that is getting paid a percentage of the settlement or verdict. Attorneys are actually counseled by E&O carriers to avoid clients that are "doing this for the principle of the matter" as they represent an increased risk of exposure to the attorney as they are not as likely to follow legal advice and more likely to blame counsel when their "ideal result" does not materialize. Attorneys almost always make recommendations to clients based upon what is in the best financial interest of the client, not on what may screw the defendant.
A civil lawsuit that seeks money damages is about receiving an award of money, which is precisely what the complaint seeks.
There is zero mystery here at all.
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Punter Sam Martin released by Denver after refusing paycut.
Bills in 3, 2, 1....P1. Block Destruction - Ogbonnia
P2. Shocking Effort - Eboigbe
P3. Ball Disruption - Ford
P4. Obnoxious Communication - Matlock
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Originally posted by richpjr View Post
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Originally posted by chaincrusher View Post
Yes, I agree that the strategy of filing before a potential criminal case is filed is atypical. As I have stated previously, if there is a conviction, any fact necessary for the conviction may be set up in the civil case as already established as a matter of law. Having such a criminal conviction can be very helpful in a civil case involving the same actions/facts.
- Her attorney has agreed to support her pound of flesh priority over her financial well-being (reducing his own pay)
- Her attorney was unable to counsel her that waiting longer could return greater award / settlement and acceded to her demand
- Her attorney is using her case as a PR self-promotion opp to increase his own visibility/notoriety
Maybe some other reasons why an attorney would agree to file a case prematurely both before criminal action and before the key defendant has secured financial holdings to be able to pay a judgement.
Here’s one more that could override those hypotheticals:
- DA’s office has already confided to them that criminal charges will not be filed, its just not public yet“Less is more? NO NO NO - MORE is MORE!”
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Originally posted by Steve View Post
How would that even work?
I understand how people could get into these situations. I have 2 daughters, so it is kinda a recurring nightmare ... but how could a person do it in such a way to turn it to their advantage????
Either she is lying her ass off for profit, which unless the document from the 1st page seems unlikely, or she made a mistake going to a college party and got caught up in a horrible situation. And having 2 daughters that age and being around college kids for most of my teenage and adult life, I see the 2nd as much more likely. It happens all the time. It just seems like there were a lot of potential outcomes, and it seems like they could all be pretty bad for her, and it would be hard to turn it to financial advantage.
Now, should she have not gotten drunk and not gone to that party? Yes, absolutely. But the price of that mistake for every girl who goes to a party and gets really drunk should not end up with them being sexually assaulted.
There are all kinds of scenarios in which no rape of any kind took place that would have every bit of the same appearance that we have right now. Here are just a few:
1. The woman deliberately targeted Araiza.
2. The woman had consensual sex, but later saw an opportunity to cash in on the situation.
3. The woman had consensual sex, but was embarrassed about it and claimed rape to avoid that embarrassment.
4. The woman had consensual sex, but her parents discovered that sex had happened and she was afraid she would be punished (imagine socially conservative parents and a rebellious child) and claimed rape to avoid being punished.
5. The woman woke up the next day not remembering due to intoxication that she had consensual sex, her intoxication was not obvious to others, and she honestly, but mistakenly believed that she was raped.
6. Sex did not happen.
That the prosecution seems reluctant to prosecute even after a ten month investigation, a point conceded by the woman's own attorney in the article cited by richpjr (post #137), suggests to me the possibility that the evidence is not nearly as convincing as alleged by plaintiff's counsel. Otherwise, I think prosecutors would be all over this case (the chance to prosecute a big name defendant).
To be clear, I am not suggesting that the plaintiff has done anything wrong or that any of the acts I have listed above were perpetrated by her. Rather, all I am saying is that I think it is wrong to take what this young lady's attorney wrote down on a piece of paper called a complaint as gospel truth when there are some pretty obvious other possibilities out there regarding what may have happened.
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Originally posted by dmac_bolt View Post
Based on your theories, which do have validity, either
- Her attorney has agreed to support her pound of flesh priority over her financial well-being (reducing his own pay)
- Her attorney was unable to counsel her that waiting longer could return greater award / settlement and acceded to her demand
- Her attorney is using her case as a PR self-promotion opp to increase his own visibility/notoriety
Maybe some other reasons why an attorney would agree to file a case prematurely both before criminal action and before the key defendant has secured financial holdings to be able to pay a judgement.
Here’s one more that could override those hypotheticals:
- DA’s office has already confided to them that criminal charges will not be filed, its just not public yet
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I agree with Chain on this point.. the civil suit is just an allegation, salacious as it was, As bad as Araiza looks, he will have his chance to defend himself, and the burden of proof still lies with the plaintiff. I'm sure the DA is looking for a good criminal case to present, as she doesn't want to lose it either.
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