The Mixon tape

Yeah, nobody has ever banged on YF for that.

 

He's getting ready to cold-cock the next poster who does.

 

No ... he's just going to engage in some unwanted touching.

 

Expertise certainly isn't a substitute for sound judgment. I might have some insight into criminal law that not everyone has - and certainly I'm not the only lawyer on this forum who has experience with criminal cases.

That said, you're really on a limb, OOP, when you argue that touch doesn't meet the definition of a battery. It's tort/crim law 101. For reasons of expediency those kinds of batteries in isolation do not end up in court frequently. But there are occasions where they do. I've handled a few.

Why we're so caught up on that one touch is beyond me, though. It's a part of the totality of what happened that night.

If the prosecutor decides to move forward against Mixon, then of course you don't charge the woman also. If you do, you end up with a situation where neither can be forced to testify against the other thanks to their fifth amendment rights. Around here we call those "cross warrants," and they're usually a huge pain in the ass to sort out.

Occasionally - such as when you have video and independent witnesses - you move forward against both parties in a mutual assault. That wouldn't work in this case because the actions aren't exactly simultaneous.

So the prosecutor has to decide whether to proceed against the aggressor or the one who inflicted more damage. I acknowledge it's a judgment call.

In the absence of other evidence, and based on what's in the video and the reporting about the civil suit, I would not feel confident taking the player to a jury in my community on even a misdemeanor charge.

One county over, though, it would be an easy felony conviction. The jurors would focus on a "little blonde girl" getting her jaw broken by a big black football player and would not care about anything else.

But whatever. I've wasted too much time today thinking about a case that I have nothing to do with.

 

Stop being so intellectually dishonest.

 

So you admit. Thank you for. Dishonest. Proves my point.

 

Drink!

 

Was that ... chuckle ... supposed to be four sentences?

 

Sheesh ... if you knew anything about journalism you'd know it's "... thinking about a case with which I have nothing to do."

 

Lou Diamond Phillips knew that stealing hubcaps was worse than assault.

 

Trimark? Do they still make movies?

 

In glad none of you are Chiefs fans.
Pregnant former girlfriend recounts alleged attack by former OSU player Tyreek Hill