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http://www.denverpost.com/Stories/0,1413,36~28682~2379653,00.html Kobe Bryant's accuser may have to reimburse the crime-victim's compensation fund as much as $20,000 if she receives a cash settlement or judgment in her civil suit against the basketball star, officials said Friday. The 20-year-old from Eagle, who scuttled the criminal sex-assault case against Bryant on Wednesday by refusing to go to trial, would be expected to pay back any state money she received for counseling, said Krista Flannigan, spokeswoman for the Eagle County district attorney's office. "If you receive any reimbursement - restitution or a civil settlement or let's say insurance pays more than was anticipated - then that needs to be reimbursed to the crime-victim's comp fund," she said. Although accusers may receive victim's compensation only if they agree to cooperate with authorities, the woman will not immediately be held liable for the money she received, Flannigan said. If she wins money from Bryant, however, she would be expected to reimburse the fund. In many cases, compensation-fund administrators never learn about subsequent civil settlements, and reimbursements are very rare, Flannigan said. When they do hear about a settlement, however, they will seek reimbursement if the amount is significant, even resorting to the court system for enforcement on rare occasion. "We'd probably be able to monitor this one pretty easily," Flannigan said, acknowledging the intense publicity surrounding the case against Bryant. The woman's attorney, John Clune, declined to comment on the subject Friday. He did reiterate statements from last week that the civil case is proceeding and that there has been no talk of settlement with Bryant. "At this point, we are planning on going to trial," Clune said. "We never have engaged in a single discussion about resolving the civil case." Pamela Mackey, who headed Bryant's defense, told The Denver Post that she first learned about the prosecution's decision to drop the case about 3 p.m. Wednesday, after Bryant had flown back to Los Angeles for an overnight stay. "I sent my client home," Mackey said. "I said, 'See you tomorrow."' Late that night, Bryant returned to Eagle to join a party with his defense team that lasted into the early morning hours, she said. Asked what Bryant's reaction was to the dismissal, Mackey said early Thursday, "He is very thankful it has come to an end." "The point that probably should be made is that this girl is not afraid to testify," Clune said. "But her faith in the criminal-justice system was systematically broken down over the course of the last 14 months."
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In article <chebf8$1ol@dispatch.concentric.net>, s_knight8 <s_knight8nospam@hotmail.com> wrote:
http://www.denverpost.com/Stories/0,1413,36~28682~2379653,00.html Kobe Bryant's accuser may have to reimburse the crime-victim's compensation fund as much as $20,000 if she receives a cash settlement or judgment in her civil suit against the basketball star, officials said Friday. The 20-year-old from Eagle, who scuttled the criminal sex-assault case against Bryant on Wednesday by refusing to go to trial, would be expected to pay back any state money she received for counseling, said Krista Flannigan, spokeswoman for the Eagle County district attorney's office. "If you receive any reimbursement - restitution or a civil settlement or let's say insurance pays more than was anticipated - then that needs to be reimbursed to the crime-victim's comp fund," she said.
Sounds fair to me. What's your point?
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tjab@wam.umd.edu (tjab) wrote in message news:<chf2rd$4lv@rac1.wam.umd.edu>...
In article <chebf8$1ol@dispatch.concentric.net>, s_knight8 <s_knight8nospam@hotmail.com> wrote: Sounds fair to me. What's your point?
How is it fair? Why should she reimburse the crime-victim ONLY if she receive civil settlement? And according to your early stance, why should she pay them back in cash? She never got any payment from the fund. Wasn't that your logic?
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In article <4b8fa98.0409051737.4676465a@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote:
tjab@wam.umd.edu (tjab) wrote in message news:<chf2rd$4lv@rac1.wam.umd.edu>... How is it fair? Why should she reimburse the crime-victim ONLY if she receive civil settlement?
Why are you asking me to defend a statement that I didn't make?
And according to your early stance, why should she pay them back in cash? She never got any payment from the fund. Wasn't that your logic?
If the damages Bryant is found liable for include her mental health treatment, then that part of the damages should repay the crime victims' compensation fund. Is that so hard for you to figure out?
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well I didn't see the whole thread, but it seems to me she should have to pay the fund back anyway because officially no "crime" was committed. The case was dropped, therefore she was not a victim of a crime. Even if she wins in a civil case, it's a tort, not a crime, so she shouldn't get the money.
In article <4b8fa98.0409051737.4676465a@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote: Why are you asking me to defend a statement that I didn't make? If the damages Bryant is found liable for include her mental health treatment, then that part of the damages should repay the crime victims' compensation fund. Is that so hard for you to figure out?
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In article <ASP_c.16206$wV2.6814@newssvr29.news.prodigy.com>, "Falky foo" <falkyfoo@bonksbcglobal.net> wrote:
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tjab@wam.umd.edu (tjab) wrote in message news:<chgfs1$i9r@rac1.wam.umd.edu>...
In article <4b8fa98.0409051737.4676465a@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote: Why are you asking me to defend a statement that I didn't make?
You didn't say "SOUNDS FAIR TO ME"? You think that is fair?
If the damages Bryant is found liable for include her mental health treatment, then that part of the damages should repay the crime victims' compensation fund. Is that so hard for you to figure out?
When did your legal system begin to determine whether a crime has occured with a civil court? The criminal justice system surely didn't find Kobe Bryant guilty of anything. KEYWORD, CRIME VICTIM. Now why is it so hard for you to figure that out? Didn't you go to civil class?
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tjab@wam.umd.edu (tjab) wrote in message news:<chgfs1$i9r@rac1.wam.umd.edu>...
In article <4b8fa98.0409051737.4676465a@posting.google.com>, If the damages Bryant is found liable for include her mental health treatment, then that part of the damages should repay the crime victims' compensation fund. Is that so hard for you to figure out?
And if he is found not liable? Should she be made to repay the compensation fund? Draco
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In article <4b8fa98.0409060049.5e610860@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote:
tjab@wam.umd.edu (tjab) wrote in message news:<chgfs1$i9r@rac1.wam.umd.edu>... You didn't say "SOUNDS FAIR TO ME"? You think that is fair?
Yes. I think it is fair that if Kobe is found responsible he should repay the crime victims' fund. And according to your early stance, why should she pay them back in cash? She never got any payment from the fund. Wasn't that your logic? If the damages Bryant is found liable for include her mental health treatment, then that part of the damages should repay the crime victims' compensation fund. Is that so hard for you to figure out?
When did your legal system begin to determine whether a crime has occured with a civil court? The criminal justice system surely didn't find Kobe Bryant guilty of anything. KEYWORD, CRIME VICTIM. Now why is it so hard for you to figure that out? Didn't you go to civil class?
The purpose of a criminal trial is not to determine whether a crime has occurred. But maybe you think Nicole Brown Simpson wasn't really stabbed to death.
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In article <1b7a502c.0409060316.3e757a18@posting.google.com>, Draco <draco664@hotmail.com> wrote:
tjab@wam.umd.edu (tjab) wrote in message news:<chgfs1$i9r@rac1.wam.umd.edu>... And if he is found not liable? Should she be made to repay the compensation fund?
In my opinion, yes. But I also think she has a case against the state, and they may not want to open that can of worms.
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On 6 Sep 2004 10:14:31 -0400, tjab@wam.umd.edu (tjab) wrote:
In article <1b7a502c.0409060316.3e757a18@posting.google.com>, Draco <draco664@hotmail.com> wrote: In my opinion, yes. But I also think she has a case against the state, and they may not want to open that can of worms.
what case does she have against the state?
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In article <tf0qj092dudtpr0b6ighieckka787a80s1@4ax.com>, agakhan <agakhan@yahoo.com> wrote:
On 6 Sep 2004 10:14:31 -0400, tjab@wam.umd.edu (tjab) wrote: what case does she have against the state?
Releasing information about her that was not supposed to be released, on multiple occasions. Can she win that case? I don't know. But I suspect they'd rather not have it come up at all.
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On 6 Sep 2004 22:16:48 -0400, tjab@wam.umd.edu (tjab) wrote:
In article <tf0qj092dudtpr0b6ighieckka787a80s1@4ax.com>, agakhan <agakhan@yahoo.com> wrote: Releasing information about her that was not supposed to be released, on multiple occasions. Can she win that case? I don't know. But I suspect they'd rather not have it come up at all.
but what kind of case would it be? civil or criminal? and what statutues are involved?
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tjab@wam.umd.edu (tjab) wrote in message news:<chhr5n$8cf@rac1.wam.umd.edu>...
In article <4b8fa98.0409060049.5e610860@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote: Yes. I think it is fair that if Kobe is found responsible he should repay the crime victims' fund. And according to your early stance, why should she pay them back in cash? She never got any payment from the fund. Wasn't that your logic? If the damages Bryant is found liable for include her mental health treatment, then that part of the damages should repay the crime victims' compensation fund. Is that so hard for you to figure out? The purpose of a criminal trial is not to determine whether a crime has occurred. But maybe you think Nicole Brown Simpson wasn't really stabbed to death.
Actually, it was determined in a court of law that Nicole Brown Simpson was murdered, which is a crime. Don't you know someone has to sign off that death certificate? That court didn't determine who committed that murder. However, no court has determined if there was a rape.
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With her own money. She lost the criminal case and should be charged with extortion, filing a false report and fraud. Kobe should sue the little slut and her family, the prosecutor, the county, cops,sheriff for everything they have. He is the victim. tjab@wam.umd.edu (tjab) wrote in message news:<chj5mg$9ad@rac1.wam.umd.edu>...
In article <tf0qj092dudtpr0b6ighieckka787a80s1@4ax.com>, agakhan <agakhan@yahoo.com> wrote: Releasing information about her that was not supposed to be released, on multiple occasions. Can she win that case? I don't know. But I suspect they'd rather not have it come up at all.
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In article <4b8fa98.0409061930.514dc478@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote:
tjab@wam.umd.edu (tjab) wrote in message news:<chhr5n$8cf@rac1.wam.umd.edu>... Actually, it was determined in a court of law that Nicole Brown Simpson was murdered, which is a crime. Don't you know someone has to sign off that death certificate? That court didn't determine who committed that murder. However, no court has determined if there was a rape.
Is a court decision a requirement under Colorado law for payment to be made from the crime victims' fund? As I understand it, by law, an administrative decision is sufficient. You may not like that, but unless I'm mistaken, the Colorado state legislature has overruled you.
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In article <fb8d65d.0409062346.1a146a61@posting.google.com>, Tim Alciere <talciere@yahoo.co.uk> wrote:
With her own money. She lost the criminal case and should be charged with extortion, filing a false report and fraud. Kobe should sue the little slut and her family, the prosecutor, the county, cops,sheriff for everything they have. He is the victim.
*Alleged* victim.
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On 7 Sep 2004 08:43:46 -0400, tjab@wam.umd.edu (tjab) wrote:
In article <fb8d65d.0409062346.1a146a61@posting.google.com>, Tim Alciere <talciere@yahoo.co.uk> wrote: *Alleged* victim.
well, tjab, you haven't answered my question: specifically what case does she have against the state?
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talciere@yahoo.co.uk (Tim Alciere) wrote in message news:<fb8d65d.0409062346.1a146a61@posting.google.com>...
With her own money. She lost the criminal case and should be charged with extortion, filing a false report and fraud. Kobe should sue the little slut and her family, the prosecutor, the county, cops,sheriff for everything they have. He is the victim.
(1) Accuser was over the age of 18 when she filed her complaint. There is therefore no viable claim against her family. (2) She did not "lose" the criminal case because it was not her case to pursue. In the USA it is the state of Colorado represented by its prosecutors that decide whether a case has merit, not an accuser, i.e., "The People of the state of Colordaro v. Bryant, Kobe." Furthermore, since the case was not decided by a jury no one won or lost it. (3) In order to have a prayer of alleging extortion Bryant would have had to have proof of her threatening to claim he raped her BEFORE she made her police report. If you have some evidence of such a threat with such a timeline I think the Bryant camp would be very interested in hearing from you. (4) "Fraud." Easy to allege, hard to prove. Why is it that Kobe had spent millions on this case, but it takes you to come up with the allegation of fraud? (5) Anyone can sue for anything they like. Its winning thats a #@&@ . Even if everyone on the hypothetical jury felt the same as you did about Kobe Bryant, do you think they'd award him anything at the expense of a bunch of wage slaves? Not likely. (6) Suing the accuser: Again, filing suit and winning are two different things. And if he sued and won? So what? This young woman owns nothing. She is what is called in the legal business "judgement proof." (7) What will actually happen is that Kobe Bryant will at some point give this woman a chunk of money. He will never, ever sue her or anyone else else involved in this case. I'm sorry if that makes you feel bad, but thats the way its going to play out. Mez
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(1) Accuser was over the age of 18 when she filed her complaint. There is therefore no viable claim against her family.
True.
(2) She did not "lose" the criminal case because it was not her case to pursue. In the USA it is the state of Colorado represented by its prosecutors that decide whether a case has merit, not an accuser, i.e., "The People of the state of Colordaro v. Bryant, Kobe." Furthermore, since the case was not decided by a jury no one won or lost it.
True. But she did lose the right (IMO) to be compensated as a crime victim when she refused to testify for the criminal case.
(3) In order to have a prayer of alleging extortion Bryant would have had to have proof of her threatening to claim he raped her BEFORE she made her police report. If you have some evidence of such a threat with such a timeline I think the Bryant camp would be very interested in hearing from you.
False. It's not the claim of rape that constitutes extortion, it's the civil suit. Bryant would have to show that she talked about getting money from him before she filed the suit (which I believe we have heard from a number of witnesses).
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tjab@wam.umd.edu (tjab) wrote in message news:<chk9vo$7m0@rac3.wam.umd.edu>...
In article <4b8fa98.0409061930.514dc478@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote: Is a court decision a requirement under Colorado law for payment to be made from the crime victims' fund? As I understand it, by law, an administrative decision is sufficient. You may not like that, but unless I'm mistaken, the Colorado state legislature has overruled you.
That law also said 2000, not 17000. So actually, the Colorado State Legislature didn't overruled me, it just turned a blind eye to the misconduct of administration. I guess you aren't surprise by this since you turn a blind eye whenever you are caught dead wrong in the water.
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On 7 Sep 2004 22:08:39 -0700, messalinana@yahoo.com (Messalina) wrote, in part:
(2) She did not "lose" the criminal case because it was not her case to pursue. In the USA it is the state of Colorado represented by its prosecutors that decide whether a case has merit, not an accuser,
But she did make an accusation. But there is a big gap between failing to prove that Kobe Bryant raped her - and succeding in proving that she lied when she made that accusation. If the latter could be _proven_, then, of course, it would be entirely appropriate for both Kobe Bryant and the state of Colorado to be attempting to recover damages from her. John Savard http://home.ecn.ab.ca/~jsavard/index.html
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On Wed, 08 Sep 2004 05:59:17 GMT, "Michael Snyder" <msnyder@redhat.com> wrote:
True. True. But she did lose the right (IMO) to be compensated as a crime victim when she refused to testify for the criminal case. False. It's not the claim of rape that constitutes extortion, it's the civil suit. Bryant would have to show that she talked about getting money from him before she filed the suit (which I believe we have heard from a number of witnesses).
So he should go ahead and sue her, have his day in court. I bet that any lawyer would like to get him on the stand and belt him up, @$#* I wouldn't mind having a crack myself. The next legal action between Kobe and the girl will be one that is confidential and sealed. Greg
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In article <Vcx%c.12598$54.178080@typhoon.sonic.net>, Michael Snyder <msnyder@redhat.com> wrote:
True. True. But she did lose the right (IMO) to be compensated as a crime victim when she refused to testify for the criminal case. False. It's not the claim of rape that constitutes extortion, it's the civil suit. Bryant would have to show that she talked about getting money from him before she filed the suit (which I believe we have heard from a number of witnesses).
Talking about getting money before you file a civil suit constitutes extortion? rotfl
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In article <4b8fa98.0409072207.5149e8@posting.google.com>, Huang Gang <kongwong_no_sp_am@hotmail.com> wrote:
tjab@wam.umd.edu (tjab) wrote in message news:<chk9vo$7m0@rac3.wam.umd.edu>... That law also said 2000, not 17000.
Wrong.
So actually, the Colorado State Legislature didn't overruled me, it just turned a blind eye to the misconduct of administration. I guess you aren't surprise by this since you turn a blind eye whenever you are caught dead wrong in the water.
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greg <gregnospam @ellenbrook.net> wrote in message news:<lomtj0t1ti9k5bpm5hset8ep8p510nts3b@4ax.com>...
On Wed, 08 Sep 2004 05:59:17 GMT, "Michael Snyder" <msnyder@redhat.com> wrote: So he should go ahead and sue her, have his day in court. I bet that any lawyer would like to get him on the stand and belt him up, @$#* I wouldn't mind having a crack myself. The next legal action between Kobe and the girl will be one that is confidential and sealed. Greg
You're right. What the Kobe supporters continue to close their eyes to is that the man does not want the details of this encounter made public. I doubt there's anything new that can be produced about his accuser, but I'm thinking there's plenty we haven't heard about Kobe that he doesn't want the public to hear. Even if every moment of the encounter was unambiguously consensual it would still be highly embarrassing to him. I'd like to hear that recording of his account of what happened in his own words but I bet I never will. Mez
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in article f00c23df.0409072108.3fc04342@posting.google.com, Messalina at messalinana@yahoo.com wrote on 9/7/04 10:08 PM:
(1) Accuser was over the age of 18 when she filed her complaint. There is therefore no viable claim against her family. (2) She did not "lose" the criminal case because it was not her case to pursue. In the USA it is the state of Colorado represented by its prosecutors that decide whether a case has merit, not an accuser, i.e., "The People of the state of Colordaro v. Bryant, Kobe." Furthermore, since the case was not decided by a jury no one won or lost it.
in Canadian Law, a complainant cannot voluntarily withdraw a criminal claim, the reasoning being that a crime by Law MUST be reported (it is the Duty of a Citizen), and that Crown does NOT represent the "victim" (theoretically), but of Society as a whole (also theoretically, creating an 'impartial' Proceeding); therefore if the complainant withdrew her complaint, she would risk charges herself (i know of a few women who were threatened by Crown when they announced they wished to drop theis claims).
(3) In order to have a prayer of alleging extortion Bryant would have had to have proof of her threatening to claim he raped her BEFORE she made her police report. If you have some evidence of such a threat with such a timeline I think the Bryant camp would be very interested in hearing from you.
Actually, if she at ANY time ever mentioned he pay her money OR she'd sue.....
(4) "Fraud." Easy to allege, hard to prove. Why is it that Kobe had spent millions on this case, but it takes you to come up with the allegation of fraud? (5) Anyone can sue for anything they like. Its winning thats a #@&@ . Even if everyone on the hypothetical jury felt the same as you did about Kobe Bryant, do you think they'd award him anything at the expense of a bunch of wage slaves? Not likely. (6) Suing the accuser: Again, filing suit and winning are two different things. And if he sued and won? So what? This young woman owns nothing. She is what is called in the legal business "judgement proof." (7) What will actually happen is that Kobe Bryant will at some point give this woman a chunk of money. He will never, ever sue her or anyone else else involved in this case. I'm sorry if that makes you feel bad, but thats the way its going to play out. Mez
Suing is a waste of time and money; the only persons who receive the benefit of civil suits, are lawyers and IRS (US)/ Revenue Canada, who receives a stake in the settlement ("income", you know....)
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in article 4b94af8a.0409080923.1f41e7e5@posting.google.com, messalina at messalina@gmail.com wrote on 9/8/04 10:23 AM:
You're right. What the Kobe supporters continue to close their eyes to is that the man does not want the details of this encounter made public. I doubt there's anything new that can be produced about his accuser, but I'm thinking there's plenty we haven't heard about Kobe that he doesn't want the public to hear. Even if every moment of the encounter was unambiguously consensual it would still be highly embarrassing to him. I'd like to hear that recording of his account of what happened in his own words but I bet I never will. Mez
she may sue for publishing rights to the video they created- and if it gets lost, arrange for a date to re-enact their love scene. ;-)
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tjab@wam.umd.edu (tjab) wrote in message news:<chn3c6$gdh@rac3.wam.umd.edu>... -snip- (3) In order to have a prayer of alleging extortion Bryant would have had to have proof of her threatening to claim he raped her BEFORE she made her police report. If you have some evidence of such a threat with such a timeline I think the Bryant camp would be very interested in hearing from you. False. It's not the claim of rape that constitutes extortion, it's the civil suit. Bryant would have to show that she talked about getting money from him before she filed the suit (which I believe we have heard from a number of witnesses).
Talking about getting money before you file a civil suit constitutes extortion? rotfl
No kidding! I can't complain, though. If the average schmo knew a damned thing about the sorry legalities of life I probably wouldn't have a job. Mez
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You're right. What the Kobe supporters continue to close their eyes to is that the man does not want the details of this encounter made public.
Funny -- I thought it was Katelyn Faber who backed down from taking the stand.
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tjab@wam.umd.edu (tjab) wrote in message news:<chn3c6$gdh@rac3.wam.umd.edu>...
In article <Vcx%c.12598$54.178080@typhoon.sonic.net>, Michael Snyder <msnyder@redhat.com> wrote: Talking about getting money before you file a civil suit constitutes extortion?
In this case, yes...there's already the precedent of her trying to talk her roomies into driving her 100 miles to "run into" Eminem so that she accuse him of rape and run up a set of imaginary "damages" and.....I think Eminem is a complete jackass
rotfl
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akulkis@gmail.com (Sylvester & Tweety) wrote in message -snip- Talking about getting money before you file a civil suit constitutes extortion?
In this case, yes...there's already the precedent of her trying to talk her roomies into driving her 100 miles to "run into" Eminem so that she accuse him of rape and run up a set of imaginary "damages"
1. No. Not so. This is coming from a person who has actually known someone convicted and imprisoned for extortion. 2. You're pulling the extortion plan out of your ass. Weatherwax never claimed the accuser wanted to accuse Eminem of rape and set him up for damages. The quote is as follows: "He was a big celebrity to us," Weatherwax said of the rapper. "We had his CDs, knew his songs by heart, talked about how his wife did not deserve him and about nailing [having sex with] him. "In December of 2002, the accuser discovered Eminem was to be in Vail over New Year's. She wanted me to drive her up there. I said no. To me it seemed out of whack to drive six hours to get with a guy who has women falling all over him. But she really wanted to go. "She called a friend at his hotel, found out what room he was in and where he'd sing. There was a plan to seduce him to his room, the pool or hot tub; to be in position to score one." I won't bother to go into the reasons why even this story is completely full of holes. 3. There are those that claim its Weatherwax and not the accuser that was the one who wanted to score with Eminem.
and.....I think Eminem is a complete jackass
I've never met him, have no opinion of him. Mez
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In article <ZLO%c.12768$54.179555@typhoon.sonic.net>, Michael Snyder <msnyder@redhat.com> wrote:
Funny -- I thought it was Katelyn Faber who backed down from taking the stand.
Funny -- who's now begging for a court order to seal the evidence?
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In article <a7c0ffe5.0409081830.75bc1a62@posting.google.com>, Sylvester & Tweety <akulkis@gmail.com> wrote:
tjab@wam.umd.edu (tjab) wrote in message news:<chn3c6$gdh@rac3.wam.umd.edu>... In this case, yes...there's already the precedent of her trying to talk her roomies into driving her 100 miles to "run into" Eminem so that she accuse him of rape and run up a set of imaginary "damages"
Actually, no one has ever claimed that.
and.....I think Eminem is a complete jackass
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On 9 Sep 2004 21:48:07 -0400, tjab@wam.umd.edu (tjab) wrote:
In article <ZLO%c.12768$54.179555@typhoon.sonic.net>, Michael Snyder <msnyder@redhat.com> wrote: Funny -- who's now begging for a court order to seal the evidence?
If you want to talk about begging, then talk about prosecutors in the CRIMINAL case who were begging the judge to seal her sexual life, and her parent and attorneys begging the judge to set a trial date, ....etc.
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