any laywers on here?

by billsteelcity on Sep 11, 2009 3:07 PM EDT Comment 9 comments

I was just wondering about the new tactic the lawyer for mcnulty is trying. To get Bens former sexual partners divulged. I just wanted to know if this is actually possible. I know about disclosure and all that just don't really know if this is something that can actually be done.I myself don't feel it's right for any woman who slept with ben to have their name posted all over the internet or to even be acknowledged in any way. Not really sure that her laywers could actually post the names like that but you know how things like this get out. Well thanks in advance for any insight you can shed on this. and go STEELERS.

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Mike Florio who writes profootball talk used to practice law and now just runs the website full time. Here is his take on the situation.

He says it is fairly common in these situations.

I'll drink your Milkshake, I'll drink it up!

by Frank Mineo (DYMS) on Sep 11, 2009 3:31 PM EDT reply actions

I’m a college philosophy prof, but i do some work on philosophy of law and as far as I know this is a fairly ordinary tactic in cases like these, whether or not they involve celebs.

The move has two possible motives, one legal and the other personal: 1) Legally they want to see if there are any other incidents like the alledged on in Ben’s past. If there are, then it would bolster her case against BB. The possibility of discovering something like this is why courts will enforce such a request. 2) Personally they want to embaress BB publically. Even if the document gets sealed – not likely – it will eventually get out and all of us will know about Ben’s sex life. The women who get their personal lives exposed to the public are just collateral damage.

by BluegrassSteeler on Sep 11, 2009 3:32 PM EDT reply actions

I believe (correct me if I’m wrong) the federal evidence rule is that in a civil case alleging sexual assault, prior acts of sexual misconduct are admissible in the the prosecution’s case-in-chief. Importantly, there must be misconduct. I’m not sure on the Nevada evidence rule, but most states do adopt the federal rules of evidence.

As a tactical matter, I would think exposing the list (assuming there’s no sexual misconduct…and assuming it’s a long list) would be detrimental to her case. It shows that he has had beaucoup partners and none have alleged sexual misconduct.

So I would submit that if they find no sexual misconduct and still publish the list, they are no longer interested in winning the case…and instead only interested in smearing 7.

by HoustonPA on Sep 11, 2009 3:38 PM EDT reply actions

Not a litigator, but have some background

2 important distinctions:

1. This is a civil case as correctly pointed out. Civil cases do not have prosecutors. Plaintiff is the correct term. From a quick glance at an online resource for Nevada, there is a rule barring the admission of evidence of the victim’s prior sexual conduct (there are exceptions to the rule, of course). But without seeing how the Nevada court’s have applied the rule which could be a serious undertaking for someone not already familiar, very difficult to say whether it would be admissible or not.
2. Much more important to understand is that this case is in the pre-trial discovery phase. Each side can request that the other side produce documents or provide testimony that may or may not be admissible at trial. Although there are limits (attorney-client communication, for example, is generally protected from discovery), the object of the request may be “discoverable” even if it is not admissible at trial. Public disclosure, of course, is an altogether separate issue.

by pghnorthside on Sep 11, 2009 4:31 PM EDT up reply actions

i have to agree

no law background here, just commenting. i would think the list of sexual partners would actually hurt her case…..and anyone who previously believed Ben hasn’t slept around (ie, find a list a shocker) obviously thinks Ahmedinejad won the election too.

it’s obvious that McNutty has only been after her 15 minutes and bringing BB down from the beginning.

Ima hitch onto your wave :)

by steelersgrl on Sep 11, 2009 4:45 PM EDT up reply actions

i will reluctantly admit i am a lawyer...

I would think the reason they are asking is because Ben’s lawyer asked her for her list of sexual partners in discovery. First, no state allows the “She’s a whore” defense in criminal or civil cases any more. The rules of evidence specifically prohibit the use of past sexual conduct in both criminal and civil cases except for a couple of closely tailored exceptions. We all saw one of the exceptions in the Duke rape case: alternate source of DNA evidence. This information would certainly be relevant to determine if there were other recent partners or if she had a history of recent “hook-ups”, which she apparently had according to some press releases concerning her emails. I assume that there is also some type of medical/physical evidence (maybe a blue dress) that she has and Ben’s lawyer is looking for a list of possible other DNA sources. I would be absolutely shocked if her lawyer filed this without having some type of physical evidence placing Ben with her. The defense will almost certainly be able to get this info primarily because it is relevant. Next thing, defense lawyer releases info to media and the “Shes a whore defense” is used in the media. I know it’s nasty, but that is the way it is. There would then be immense pressure on her to dismiss the case.

Defense asks, then plaintiff asks. Quid pro quo. The problem with asking the defense is relevance, especially related to the DNA evidence. His recent sexual partners have no relevance on what happened that night… her recent sexual partners may relate to any existent physical evidence. The evidence of Ben’s past sexual conduct could actually help the defense to show consent.

Also do not underestimate the threat value of such a request. NO one would want their sexual history published. Hers probably will and already is to an extent as we have seen in past cases of this manner. The rules of evidence are very different than the court of public opinion. Just because you cant use it in front of a jury, you can use it in the media unless specifically prohibited from doing so. Bottom line: will the Judge order it for both sides?

Representing in Louisiana since 1968

by LaSteeler68 on Sep 11, 2009 7:35 PM EDT up reply actions

as a lawyer...

just out of interest, if Ben had accepted that deal and admitted to raping/sexually assaulting McNulty, would he then have very likely faced criminal charges as some ambitious DA chased the case?

by KiwiSteelerFan on Sep 11, 2009 8:13 PM EDT up reply actions

The “admission” would certainly put pressure on the DA to charge from the people that vote in that area. That alone would be why their offer was absolutely unacceptable. On the other hand, there would be probably five years, on a crime of this nature, to prosecute. At any time the DA could charge. From what I understand they did not even investigate because no criminal complaint was ever filed.

Note this too: in most states, medical personnel are “mandatory reporters”, which means if they observe sexual or physical abuse, they are required to notify the police. This didn’t happen here apparently otherwise there would have been an investigation. So that leaves us with two options: there was never any medical exam and therefore no DNA ((unless it comes from another object like a towel or an article of clothing) OR there was a medical exam and there was no sign of trauma. Eiither way, think how that looks in front of a jury: either no trauma or no medical exam. I still would be shocked if lawyer for claimant has no physical evidence….

Representing in Louisiana since 1968

by LaSteeler68 on Sep 12, 2009 8:18 PM EDT up reply actions

thanks all

still don’t think its fair to the girls he slept with. I would think if he had raped or done something goofy with a partner before they would have come forward already. And whats to say he’s telling the truth in disclosing the names, for example he could leave some names off the list or just come up with a bunch of names of people he never did sleep with, and also what if he did sleep with someone and they denied it. I know too many questions lol sorry but thanks for all the responses…

by billsteelcity on Sep 12, 2009 1:02 AM EDT reply actions