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Thread: Kenrick Ellis: Pre trial hearing this Thursday

  1. #21
    [QUOTE=FijiJet;4468737]Hope Ellis gets through this and no more worries about this hanging over his head. On the other hand the money hungry pevert who got dinged up doesn't deserve to see 1 red cent[/QUOTE]

    you don't know if he is money hungry...you also have no idea what actually happened...

    let me ask you...

    ASSUMING you were attacked by a soon to be/current professional athlete...would you not sue?

    if i was attacked like this by anyone athlete or not I sure would.

  2. #22
    [QUOTE=PatsFanTX;4468567]Anybody know if it will be a jury trial or will the judge just rule?

    Or is that what this pre-trial meeting is for?[/QUOTE]

    Pretrial conference is generally to find out if a deal can be made, and to address any pretrial motions, questions of evidence, and the like. (Not sure about Virginia, but probably pretty similar.)

    As for jury trial, I haven't read one way or the other, but it's highly probable that it will be a jury trial. Criminal defendants almost always want a jury--they have a constitutional right to one--because it only takes one dissenting vote to hang a jury and avoid a conviction. There are other reasons, but that's a main one.

  3. #23
    [QUOTE=bullitt929;4468788]Pretrial conference is generally to find out if a deal can be made, and to address any pretrial motions, questions of evidence, and the like. (Not sure about Virginia, but probably pretty similar.)

    As for jury trial, I haven't read one way or the other, but it's highly probable that it will be a jury trial. Criminal defendants almost always want a jury--they have a constitutional right to one--because it only takes one dissenting vote to hang a jury and avoid a conviction. There are other reasons, but that's a main one.[/QUOTE]

    precisely...pretrial is procedural...no jury...only people present are lawyer, defendant/plantiff (if either are required) judge, and DA's office...although cross examination can occur pre-trial as well.

    pre-trial hearings can go on for years.

  4. #24
    Time for Ellis's attorney, hopefully hired by the Jets, to see how deep Woody's pockets are to end this mess. Settle or go to trial.

  5. #25
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    [QUOTE=DRNYJETS;4468588]Ray Lewis killed a man and got away with it. Ellis should have no problem beating this charge.[/QUOTE]

    He paid off the victims family.

    Similar to what Stallworth did.

  6. #26

    Facts ?

    Listen I am the last one to defend Ray Lewis on this issue but I think what Ray did was lie to the police to protect his "boys". I don't think he actually committed the crime, and if someone was paid off, they kept it pretty quiet here in Atlanta.

  7. #27
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    Not wanting to p1ss in anyone's Wheaties here but...


    [LIST=1][*]"It" Very well may end in a cash settlement but that "it" is the civil case and first comes the criminal case. Offering a cash settlement to a DA would almost certainly lead to further charges.[*]While the while baseball bat thing might even be true, it has to be remembered that the baseball bat story is coming from people "close to" the defendant. In other words that is what he is saying.[*]The DA and the alleged victim have made no public comment on this and yet the DA still seems to think he has enough evidence to get a criminal conviction.[*]Information that came out at the time of the incident said that Kenrick Ellis actually went looking for the other guy across the campus after hearing about a supposed insult to his girlfriend. It will be extremely difficult if not impossible to show self defense in a court of law, baseball bat or not baseball bat, if you went looking for the confrontation in the first place.[*]This is a really tough situation. I am sure the Jets would be willing to pay to make it go away but there is nobody that can be paid off here. I am sure the Jets would be more than willing to plead down to a non-felony charge where there is not automatic trigger of deportation proceedings but I just do not see how the DA can leave with any face at all if he did that.[*]Which leaves us here, two significant trial delays later and finally getting ready for a court date where nobody knows the outcome.[/LIST]

    Incidentally the judge in this case will be considering the assault charges only and not a combination of the assault charges and immigration issues. The immigration status of the defendant does not affect this criminal case and any felony conviction might lead to a subsequent immigration problem but those two issues will not be before this judge.

  8. #28
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    [QUOTE=Dcat;4468800]Time for Ellis's attorney, hopefully hired by the Jets, to see how deep Woody's pockets are to end this mess. Settle or go to trial.[/QUOTE]
    Who are you proposing that he settle a criminal case with?

  9. #29
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    Ellis will have good legal representation and that goes a huge way in these kinds of things.

  10. #30
    [QUOTE=EM31;4468856]Not wanting to p1ss in anyone's Wheaties here but...


    [LIST=1][*]"It" Very well may end in a cash settlement but that "it" is the civil case and first comes the criminal case. Offering a cash settlement to a DA would almost certainly lead to further charges.[*]While the while baseball bat thing might even be true, it has to be remembered that the baseball bat story is coming from people "close to" the defendant. In other words that is what he is saying.[*]The DA and the alleged victim have made no public comment on this and yet the DA still seems to think he has enough evidence to get a criminal conviction.[*]Information that came out at the time of the incident said that Kenrick Ellis actually went looking for the other guy across the campus after hearing about a supposed insult to his girlfriend. It will be extremely difficult if not impossible to show self defense in a court of law, baseball bat or not baseball bat, if you went looking for the confrontation in the first place.[*]This is a really tough situation. I am sure the Jets would be willing to pay to make it go away but there is nobody that can be paid off here. I am sure the Jets would be more than willing to plead down to a non-felony charge where there is not automatic trigger of deportation proceedings but I just do not see how the DA can leave with any face at all if he did that.[*]Which leaves us here, two significant trial delays later and finally getting ready for a court date where nobody knows the outcome.[/LIST]

    Incidentally the judge in this case will be considering the assault charges only and not a combination of the assault charges and immigration issues. The immigration status of the defendant does not affect this criminal case and any felony conviction might lead to a subsequent immigration problem but those two issues will not be before this judge.[/QUOTE]

    Thanks for the clarification. Very helpful. Question: If the victim and Ellis come to $$ agreement, can the victim ask the prosecutor to drop the charges and would the prosecutor be willing to do so at the victim's request?

  11. #31
    [QUOTE=EM31;4468857]Who are you proposing that he settle a criminal case with?[/QUOTE]

    The criminal case can't be "settled", but the DA can make a deal on a lesser charge, contingent on restitution being paid to the victim of a criminal assault. In other words, Ellis pleads guilty to a misdemeanor, and maybe the punishment is probation plus restitution in some amount agreed to by Ellis, the DA, and the complainant. The judge would also have to ok the deal and accept the guilty plea.

    I have no idea if any of the parties ---Ellis, the DA, the complainant, the judge, are agreeable to such a resolution, but it presumably could be done if they are interested.

  12. #32
    not a mangini type guy

  13. #33
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    [QUOTE=EM31;4468856]

    Information that came out at the time of the incident said that Kenrick Ellis actually went looking for the other guy across the campus after hearing about a supposed insult to his girlfriend. It will be extremely difficult if not impossible to show self defense in a court of law, baseball bat or not baseball bat, if you went looking for the confrontation in the first place..

    [/QUOTE]

    Wow, if that is proven to be true, Ellis will be smoking ganga with Bob Marley's grandson on the beaches of Jamaica. :eek:

  14. #34
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    [QUOTE=PatsFanTX;4468897]Wow, if that is proven to be true, Ellis will be smoking ganga with Bob Marley's grandson on the beaches of Jamaica. :eek:[/QUOTE]

    tell that to Ray Lewis.......

  15. #35
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    [QUOTE=southparkcpa;4468953]tell that to Ray Lewis.......[/QUOTE]

    Lewis is a US citizen and would not have been deported.

  16. #36
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    [QUOTE=bullitt929;4468888]The criminal case can't be "settled", but the DA can make a deal on a lesser charge, contingent on restitution being paid to the victim of a criminal assault. In other words, Ellis pleads guilty to a misdemeanor, and maybe the punishment is probation plus restitution in some amount agreed to by Ellis, the DA, and the complainant. The judge would also have to ok the deal and accept the guilty plea.

    I have no idea if any of the parties ---Ellis, the DA, the complainant, the judge, are agreeable to such a resolution, but it presumably could be done if they are interested.[/QUOTE]
    All of this could happen as you say but it is pretty far fetched wishful thinking by a Jets fan. It is not the job of the DA to try and make the (alleged) victim whole in this case. That is not his role here. That is what a civil case would be all about. Obtaining damages for a victim. Not to try and sound too comic-bookish but it is the job of the DA to prosecute "crime" on behalf of the public as a whole. If a criminal act has happened and the DA thinks he can prove it then that is what his job is.

    No doubt the victim is seeing deep pockets and an opportunity here but if indeed he had broken bones in the hospital and the xrays to prove it and if indeed deep pockets exist here then I am sure that the thinking is "why not go for it?"

  17. #37
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    [QUOTE=Dcat;4468864]Thanks for the clarification. Very helpful. Question: If the victim and Ellis come to $$ agreement, can the victim ask the prosecutor to drop the charges and would the prosecutor be willing to do so at the victim's request?[/QUOTE]
    Dcat,

    Who knows what motivates DAs to do all kinds of things. Clearly the DA in the Duke rape case was a publicity hound hell bent on reelection and he made some really poor, almost criminally poor choices in how he chose to pursue that case. He abused his power and should have been punished for it in my opinion.

    I am not saying all DAs are perfect but this one at least has steadfastly been keeping quiet during this whole episode. The only talking has come out of the Ellis camp (baseball bat, insulted girlfriend, etc). Obviously the DA has heard those same baseball bat stories and yet he still thinks he can prove a felony assault charge. I wonder if that tells us that the DA has a really strong case or a really weak one?

    As I understand it, depositions have been given and the whole wheels of justice thing has been set into motion. If the alleged victim were all of a sudden to recant, especially if the DA suspected some kind of a payoff was involved then both sides would be in a good deal more trouble than either of them is right now.

    If there were wiggle room to let Kenrick Ellis plead guilty to a misdemeanor and the prosecutor was going to be OK with that outcome then I think a deal would have been done a year ago or more. Any kind of felony triggers the deportation jeopardy so Ellis cannot plead to even the least of those. At this point I think we will have to roll the dice trust to legal talent that Woody is paying for.

  18. #38
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    [QUOTE=PatsFanTX;4468974]Lewis is a US citizen and would not have been deported.[/QUOTE]
    That is actually the point here. Convicted felons have come back to play in the NFL several times. Mike Vick. Plaxico Buress. I am sure there are probably more of them. No NFL rule against it.

    The problem here is that oddly enough the immigration and naturalization service considers being a convicted felon disqualifies someone from becoming a citizen and is also grounds for deportation. Kenrick Ellis should have gotten himself naturalized years ago.

  19. #39
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    [QUOTE=Jordy;4468735]Do you have any other 10,000 word detailed punching incidents you could post?[/QUOTE]

    no but i thought it was very interesting and thought some of the old-timers wouldn't mind some history so GFY......;)

  20. #40
    [QUOTE=EM31;4469048]Clearly the DA in the Duke rape case was a publicity hound hell bent on reelection and he made some really poor, almost criminally poor choices in how he chose to pursue that case. He abused his power and should have been punished for it in my opinion.[/QUOTE]He was disbarred.

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