County Attorney Review

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MaxyJR1

MaxyJR1

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County attorney has released a statement that they have received the EOAA report and are reviewing. No further comment at this time.

Tweeted by Doogie.


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PioPress:

http://www.twincities.com/2016/12/2...rney-reviewing-gophers-assault-investigation/

In an email to the Pioneer Press sent Monday, Minneapolis Police Department spokesperson Sgt. Catherine Michal said the police case is closed, with no plans to re-open it.

“The University’s investigation was not a criminal investigation,” Michal said. “The students that were interviewed by the University were not read the Miranda warning; therefore, the department would not be able to use the information obtained.”
 

Good to know, but I am pretty doubtful the county attorney is going to be able to use anything in this EoAA report as evidence in charging or proving a crime. The EoAA report was not a criminal investigation and was not conducted as such.

Nothing in the EoAA report guarantees and verifies that all students were advised of their "Miranda rights" to counsel during interviews for this process from the EoAA as part of the University investigation, that has to be guaranteed to have admissible evidence for criminal courts. Nothing in this report is going to prove each student's individual rights to invoke fifth amendment rights to not self incriminate during the investigation and questioning. I am pretty doubtful the investigators from the EOAA office guaranteed by the University of Minnesota, that all investigators advised the students involved even "witnesses" of those fifth amendment types of rights and have everyone on recording consenting to waive those fifth amendment rights. He can review it but not one bit of information collected will be admissible as "evidence" in a criminal court, at least I am pretty doubtful it will be.
 

It's a political play for the country attorney that's all. He stays relevant by "reviewing" the case again even though it would not be admissible in court.


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per STrib:

Hennepin County Attorney Mike Freeman said Tuesday he will review the investigation conducted by the University of Minnesota following sexual assault accusations levied against several Gophers football players.

The investigation conducted by the University's office of Equal Opportunity and Affirmative Action (EOAA) released last week resulted in the suspension of 10 players from the team last week. Five of them face expulsion.

Following the police investigation, Freeman's office announced in early October that no charges would be brought in the case.

"There is insufficient, admissible evidence for prosecutors to prove beyond a reasonable doubt that either force was used or that the victim was physically helpless as defined by law in the sexual encounter," his office said in a news release at the time.

On Tuesday, Freeman declined to say anything further about the University's report.

http://www.startribune.com/county-a...-involving-gopher-football-players/407645876/

Go Gophers!!
 


I could write a summary of what I think happened on a cocktail napkin and it would be just as admissible in court as what the EOAA published.


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Spoofin said:
I could write a summary of what I think happened on a cocktail napkin and it would be just as admissible in court as what the EOAA published.


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Click to expand...

the cocktail napkin would be less biased as well
 

It's just a thought, but the I wonder if, the U might not of over stepped it's authority? My understanding is that the incident occured in an off campus apartment. What authority does the U have to invetigate an off campus incident? The infamous Title IX guidence letter requires the investigation of incidents that occur on campus, off campus, I suspect that there might be some limitations on what the U can do.
 



Was the off campus apartment paid for by the University? Did the EOAA or University criminally violate any of the players? Does Mr Hutton have anything to say about this?
 

Djam is a non scholarship athlete, so unless the apartment is subsidized in some way by the U, I question the U's authority.
 


nsmike said:
Djam is a non scholarship athlete, so unless the apartment is subsidized in some way by the U, I question the U's authority.
Click to expand...

Private residence, and Djam is non scholarship athlete, all activities described in incident did not involve campus activity or these individuals representing the University in any capacity with the exception of maybe the recruit hosts and recruit itself on the dime of University of Minnesota. Probably doesn't matter as it pertains to code of conduct violations.
Lot's of questions about that and how it pertains to the EoAA investigation and the authority they had to even investigate other than violation of student code of conduct for having been involved in and witnesses to a criminal investigation. Investigators from EoAA may have used misleading representation to witnesses asking them about what happened with out notifying students of their ability to possibly be suspended regarding this for answering questions, I'm suspicious about that, although may not be anything.

This is where Hutton is going to have some ability for injunctive relief for a few of the individuals not involved in physical contact with alleged victim of incident. There is some possibility to bring civil charges against the administrators in that EoAA office for a few select individuals. I would get an attorney if I were anyone that worked in that EoAA office, especially the director as they may need it. One of the accused has the monetary resources to retain top notch legal counsel, and make a lot of people pay a lot of money in settlements. If I were Winfield senior I would be gearing up beyond Hutton for an effort against this EoAA office and pushing to have my kid named as a suspension and group of 10 named cleared. He probably has the biggest gripe about what happened.
The parents of the recruit may be planning civil action against the Athletic department, the football player recruit host, possibly recruiting office, for those they left in charge and had authority over the student especially if there was actual phone footage of the minor in a sex act (The recruit host should be fairly nervous). Would be nervous if I worked in the recruiting office of the football department at the U too.

Kaler and Coyle are trying to minimize lawsuits, but I don't think they are going to be able to fully indemnify the Athletic department and the University, even if they were acting upon the Title IX law and the letter of the Department of Education, trying to follow those guidelines to a tee.
 



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