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Thread: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Listen up all you folks.
    Apparently the sex was consensual, she was not unconscious and the video was erased.



    Quote Originally Posted by MaggieD View Post
    She was unfreakin'conscious!
    Apparently not.

    Quote Originally Posted by Mason66 View Post
    I don't understand how any girl or woman that was unconcious can consent to having sex.
    Because she wasn't unconscious.

    Quote Originally Posted by Fishstyx View Post
    hospital rape kit confirming forceful sex,
    Apparently not.


    Quote Originally Posted by Fishstyx View Post
    video confirming it happened.
    Apparently not, as it was deleted.

    The rest of the story is told in Nodaway County Sheriff’s reports. As Daisy Coleman continued drinking, her friend and an underage boy went into one of the bedrooms. Barnett admitted to sheriff’s investigators that he had sex with Daisy in another room, but said she wasn’t yet drunk, just “buzzed.” Zech said he used a buddy’s iPhone to videotape Barnett and Daisy kissing, half undressed. Barnett, Zech and two other boys say they watched the video before deleting it, according to sheriff’s reports.

    Why Was The Maryville Rape Case Dropped? | KCUR



    Quote Originally Posted by Wiggen View Post
    I'm pretty sure getting a 14 year old kid drunk and then having forcible sex with her is not legal, but maybe it is where you come from.
    I was sure based on what the Prosecutor has said.
    But as CNN reports it ...

    "Subsequent investigation and interviews raised substantial doubt about the felony charge, specifically including whether the young lady was incapacitated during the encounter."

    It said that, while charges were pending in May 2012, Barnett's lawyer tried to take sworn statements from the alleged victims and their relatives, but they "refused to answer any questions citing their Fifth Amendment right to not incriminate themselves. Accordingly, without competent evidence and with witnesses unwilling to testify, the State was under a duty to dismiss any prosecution when it became apparent that a conviction was not possible."

    That left Barnett facing one remaining claim, a misdemeanor charge of child endangerment related to the allegation that the high school senior left the 14-year-old girl "in an incapacitated condition outside of her home in freezing weather."

    During a deposition in July 2012, Daisy Coleman testified "with numerous inconsistencies and changes to previous statements," the statement from Barnett's lawyer says. "When the alleged victim's mother was questioned about these changes, she freely admitted that her daughter does not always tell the truth, particularly when she is in a stressful situation. Thereafter, the misdemeanor charge was dismissed."


    Missouri Lt. Gov. Peter Kinder calls for review of rape case - CNN.com



    Zech said he had used a friend’s phone to record some of the encounter. He said, however, that he thought Barnett and the girl were only “dry humping,” a term commonly used to describe rubbing together clothed. Another teen, however, told police the video featured both Barnett and Daisy with their pants down.

    Nightmare in Maryville: Teens’ sexual encounter ignites a firestorm against family - KansasCity dot com
    Last edited by Excon; 10-15-13 at 08:38 PM.
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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Fishstyx View Post
    Doesn't matter in the eyes of the law. Barnett admitted they had sex but claimed it was consensual. So he's not claiming he's been raped, however Colemen is. Her BAC was .13, which would be under the influence by just about any standard, more so when you factor in a 14 year old girl. Under Missouri law, you cannot give consent...AT ALL....if you're under the influence. And there's the rape kit. So you have admission that sex occurred, a blood test showing she was clearly under the influence and a rape kit confirming sex happened.

    That in itself is enough should question why this case not being prosecuted.

    Just strange, the prosecutor says "they were doing what they wanted to do" so he admits that sex occurred yet dismisses that this girl was under the influence when their is clearly evidence that she was.
    Read the damn law and see what is says.

    You are wrong in your application.

    And you are wrong because the evidence does not support the charges.
    “The law is reason, free from passion.”
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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Excon View Post
    Read the damn law and see what is says.

    You are wrong in your application.

    And you are wrong because the evidence does not support the charges.
    Its possible, don't think so.

    Statute:
    A person commits the crime of sexual assault if he has sexual intercourse with another person knowing that he does so without that person's consent
    So in a nutshell, you're saying that Barnett's ignorance of the consent laws makes him free and clear here and gives the prosecutor a pass here? Can you site where you can ever uses ignorance of the law as a defense?

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by lizzie View Post
    Not without a fair trial, not in the media, but in a court of law. We don't know the truth, and to say otherwise, is dishonesty.
    Quote Originally Posted by X Factor View Post
    I know, those constitutional provisions are such a pain in the ass, aren't they? We should suspend them whenever people are really, really mad.
    Wow, way to completely distort and misrepresent my position.

    But what was I thinking. Anytime rape is alleged, the victim becomes the accused and the accused becomes the victim.
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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Fishstyx View Post
    Its possible, don't think so.

    Statute:
    A person commits the crime of sexual assault if he has sexual intercourse with another person knowing that he does so without that person's consent
    So in a nutshell, you're saying that Barnett's ignorance of the consent laws makes him free and clear here and gives the prosecutor a pass here? Can you site where you can ever uses ignorance of the law as a defense?

    Holy ****. Are you not paying attention?
    It was a mutual act.

    They were seen, as one person put it, “dry humping,” while another says both their pants were down.
    She was conscious and engaged in a mutual consensual act.
    “The law is reason, free from passion.”
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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Excon View Post
    Listen up all you folks.
    Apparently the sex was consensual, she was not unconscious and the video was erased.



    Apparently not.


    Because she wasn't unconscious.

    Apparently not.


    Apparently not, as it was deleted.

    The rest of the story is told in Nodaway County Sheriff’s reports. As Daisy Coleman continued drinking, her friend and an underage boy went into one of the bedrooms. Barnett admitted to sheriff’s investigators that he had sex with Daisy in another room, but said she wasn’t yet drunk, just “buzzed.” Zech said he used a buddy’s iPhone to videotape Barnett and Daisy kissing, half undressed. Barnett, Zech and two other boys say they watched the video before deleting it, according to sheriff’s reports.

    Why Was The Maryville Rape Case Dropped? | KCUR



    I was sure based on what the Prosecutor has said.
    But as CNN reports it ...

    "Subsequent investigation and interviews raised substantial doubt about the felony charge, specifically including whether the young lady was incapacitated during the encounter."

    It said that, while charges were pending in May 2012, Barnett's lawyer tried to take sworn statements from the alleged victims and their relatives, but they "refused to answer any questions citing their Fifth Amendment right to not incriminate themselves. Accordingly, without competent evidence and with witnesses unwilling to testify, the State was under a duty to dismiss any prosecution when it became apparent that a conviction was not possible."

    That left Barnett facing one remaining claim, a misdemeanor charge of child endangerment related to the allegation that the high school senior left the 14-year-old girl "in an incapacitated condition outside of her home in freezing weather."

    During a deposition in July 2012, Daisy Coleman testified "with numerous inconsistencies and changes to previous statements," the statement from Barnett's lawyer says. "When the alleged victim's mother was questioned about these changes, she freely admitted that her daughter does not always tell the truth, particularly when she is in a stressful situation. Thereafter, the misdemeanor charge was dismissed."


    Missouri Lt. Gov. Peter Kinder calls for review of rape case - CNN.com



    Zech said he had used a friend’s phone to record some of the encounter. He said, however, that he thought Barnett and the girl were only “dry humping,” a term commonly used to describe rubbing together clothed. Another teen, however, told police the video featured both Barnett and Daisy with their pants down.

    Nightmare in Maryville: Teens’ sexual encounter ignites a firestorm against family - KansasCity dot com
    Nice research. I figured it had to be something along those lines. It won't make a bit of difference to many participants of this thread though.

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Excon View Post
    Listen up all you folks.
    Apparently the sex was consensual, she was not unconscious and the video was erased.



    Apparently not.


    Because she wasn't unconscious.

    Apparently not.


    Apparently not, as it was deleted.

    The rest of the story is told in Nodaway County Sheriff’s reports. As Daisy Coleman continued drinking, her friend and an underage boy went into one of the bedrooms. Barnett admitted to sheriff’s investigators that he had sex with Daisy in another room, but said she wasn’t yet drunk, just “buzzed.” Zech said he used a buddy’s iPhone to videotape Barnett and Daisy kissing, half undressed. Barnett, Zech and two other boys say they watched the video before deleting it, according to sheriff’s reports.

    Why Was The Maryville Rape Case Dropped? | KCUR



    I was sure based on what the Prosecutor has said.
    But as CNN reports it ...

    "Subsequent investigation and interviews raised substantial doubt about the felony charge, specifically including whether the young lady was incapacitated during the encounter."

    It said that, while charges were pending in May 2012, Barnett's lawyer tried to take sworn statements from the alleged victims and their relatives, but they "refused to answer any questions citing their Fifth Amendment right to not incriminate themselves. Accordingly, without competent evidence and with witnesses unwilling to testify, the State was under a duty to dismiss any prosecution when it became apparent that a conviction was not possible."

    That left Barnett facing one remaining claim, a misdemeanor charge of child endangerment related to the allegation that the high school senior left the 14-year-old girl "in an incapacitated condition outside of her home in freezing weather."

    During a deposition in July 2012, Daisy Coleman testified "with numerous inconsistencies and changes to previous statements," the statement from Barnett's lawyer says. "When the alleged victim's mother was questioned about these changes, she freely admitted that her daughter does not always tell the truth, particularly when she is in a stressful situation. Thereafter, the misdemeanor charge was dismissed."


    Missouri Lt. Gov. Peter Kinder calls for review of rape case - CNN.com



    Zech said he had used a friend’s phone to record some of the encounter. He said, however, that he thought Barnett and the girl were only “dry humping,” a term commonly used to describe rubbing together clothed. Another teen, however, told police the video featured both Barnett and Daisy with their pants down.

    Nightmare in Maryville: Teens’ sexual encounter ignites a firestorm against family - KansasCity dot com
    Well, that certainly might explain why the girl decided not to cooperate with prosecution. If she was not unconscious, and was actively participating, it would be pretty difficult to make a case for rape.
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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by MaggieD View Post
    Here's an article that purports to describe testimony at the preliminary hearing:



    If this is an accurate account of testimony, it's very difficult to understand how this was not sexual assault at the very least.

    Here's a quotation from Comments that may explain the mindset:
    Here's a question for you, Mags. What if the boy was tried and the jury believed him guilty according to the letter of the law but the jury also decided the kid should not be a convicted felon for life so they go ahead and acquit him. Would you support their jury nullification?

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Is the suggestion then that Mays best friend lied in his testimony at the preliminary hearing? That makes no sense.

    "I tried to tell Trent to stop it," another athlete, who was Mays's best friend, testified. "You know, I told him, ‘Just wait — wait till she wakes up if you're going to do any of this stuff. Don't do anything you're going to regret.' "

    He said Mays answered: "It's all right. Don't worry."

    That boy took a photograph of what Mays and Richmond were doing to the girl. He explained in court how he wanted her to know what had happened to her, but he deleted it from his phone, he testified, after showing it to several people.

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by X Factor View Post
    Here's a question for you, Mags. What if the boy was tried and the jury believed him guilty according to the letter of the law but the jury also decided the kid should not be a convicted felon for life so they go ahead and acquit him. Would you support their jury nullification?
    Well, after reading your "rest of the story," I'd be glad they did. However, if what you added in this thread were not the case, I would be furious. That doesn't mean, however, that I don't support jury nullification. I look at jury nullification as our last defense against bad law.

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