A reported surfaced today of some sort of "cover-up" of a rape involving a Michigan football player from 2009. I don't want to give the story any credibility or any traffic so I am not citing the source or the player, but I did want to respond to this story.
I'm a criminal defense attorney in Washtenaw County. I've handled plenty of criminal sexual conduct cases in Washtenaw County, in the same courthouse with the same judges and prosecutors.
The Washtenaw County prosecutor takes these cases VERY seriously. I've had clients hire me for the "investigation" of these type of offenses before there are even charges. During this period, the defense attorney and prosecutor go back and forth and review the evidence together - the detective on the case will also speak to the defense attorney. The police will want the person under investigation to make statements - no matter what I did not let a client speak to the police - there is nothing to gain. Sometimes I would have my client take a private polygraph to see how they do - if they performed well, I may allow them to take a police polygraph to possibly clear their name.
Every case I handled like this was thoroughly vetted and charged if there was the right amount of evidence. The prosecutor isn't looking for beyond a reasonable doubt at this point - they are simply looking for probable cause that the person being investigated committed the offense. If you know anything about criminal law, you know this is a very low level of evidence. If there's any evidence and the "victim" is credible, the case will be charged - no doubt about it. The police and prosecution have specialists who investigate and speak to the victim and witnesses - from there the prosecutor decides to charge or not to charge the case. This isn't a cover-up!!! It was the legal process at work.
Off the top of my head, I had 8-9 clients not get charged with Michigan criminal sexual conduct, and only one actually was charged. Most of these "cases" are bogus and not credible - the Washtenaw County Prosecutor's Office is VERY tough on domestic violence and rape cases - if they had a case, they would have charge.
This case was carefully vetted by the police and prosecution. In the end, nothing came of it. Hence the implication that whoever the victim was, she was not credible and/or something didn't seem right. Not saying it was made up, but there simply wasn't evidence of illegal activity.
These type of cases are not always black or white - this isn't drunk driving where you're pulled over and you're over the limit - simple stuff - it's illegal to do this. The action here is usually legal - it becomes illegal without the consent.. The person charged never denied being there or even having sex - 95 percent of rape cases are the same facts - there was sex and it was either consensual or not. This isn't an underage girl where it is strict liability.
Just because someone is investigated for this type of crime, does not make them 1 percent guilty of anything - it's not like he was charged and plead to something less - this is EVEN MORE vindication than being found not guilty at a trial - there wasn't even enough evidence to charge the case!
Leave these dudes alone
I'm a criminal defense attorney in Washtenaw County. I've handled plenty of criminal sexual conduct cases in Washtenaw County, in the same courthouse with the same judges and prosecutors.
The Washtenaw County prosecutor takes these cases VERY seriously. I've had clients hire me for the "investigation" of these type of offenses before there are even charges. During this period, the defense attorney and prosecutor go back and forth and review the evidence together - the detective on the case will also speak to the defense attorney. The police will want the person under investigation to make statements - no matter what I did not let a client speak to the police - there is nothing to gain. Sometimes I would have my client take a private polygraph to see how they do - if they performed well, I may allow them to take a police polygraph to possibly clear their name.
Every case I handled like this was thoroughly vetted and charged if there was the right amount of evidence. The prosecutor isn't looking for beyond a reasonable doubt at this point - they are simply looking for probable cause that the person being investigated committed the offense. If you know anything about criminal law, you know this is a very low level of evidence. If there's any evidence and the "victim" is credible, the case will be charged - no doubt about it. The police and prosecution have specialists who investigate and speak to the victim and witnesses - from there the prosecutor decides to charge or not to charge the case. This isn't a cover-up!!! It was the legal process at work.
Off the top of my head, I had 8-9 clients not get charged with Michigan criminal sexual conduct, and only one actually was charged. Most of these "cases" are bogus and not credible - the Washtenaw County Prosecutor's Office is VERY tough on domestic violence and rape cases - if they had a case, they would have charge.
This case was carefully vetted by the police and prosecution. In the end, nothing came of it. Hence the implication that whoever the victim was, she was not credible and/or something didn't seem right. Not saying it was made up, but there simply wasn't evidence of illegal activity.
These type of cases are not always black or white - this isn't drunk driving where you're pulled over and you're over the limit - simple stuff - it's illegal to do this. The action here is usually legal - it becomes illegal without the consent.. The person charged never denied being there or even having sex - 95 percent of rape cases are the same facts - there was sex and it was either consensual or not. This isn't an underage girl where it is strict liability.
Just because someone is investigated for this type of crime, does not make them 1 percent guilty of anything - it's not like he was charged and plead to something less - this is EVEN MORE vindication than being found not guilty at a trial - there wasn't even enough evidence to charge the case!
Leave these dudes alone
