Mbakwe - Mistaken Identity


I remember looking at the roster last year thinking a number of the people looked really similar and the quality of the pics didn't help either. Add that to the fact that it was the middle of the night.
 

Plus, all black people look the same.

(IT'S A JOKE PEOPLE!)

:)
 

and add in the fact that she was terrified and probably determined already in her mind that it had to be a basketball player
 

I haven't followed the details of this situation closely but what is the explanation for him blowing out of town right after the incident? He certainly didn't help his cause with that choice.
 


I haven't followed the details of this situation closely but what is the explanation for him blowing out of town right after the incident? He certainly didn't help his cause with that choice.

You are correct. Based on everything I had heard (the victims ID) I didn't think there was much chance of a conviction. The revelation of his strange behavior following the incident clouds things quite a bit and he's gonna need a good explanation for it.
 

The revelation of his strange behavior following the incident clouds things quite a bit and he's gonna need a good explanation for it.

Thats for sure. This is one of the things that worries me the most b/c where there is a punch thrown, usually there are some bruised knuckles to show for it.
 

If he didn't do it (I think he did) he really screwed himself by not staying put to work on clearing himself.
 

If he didn't do it (I think he did) he really screwed himself by not staying put to work on clearing himself.

well, then thank God you are not a judge in a court of law. being the super-smart kind of guy you are you already have it all figured out don't you? and you are basing you conclusion on what? whether he left miami or not is irrelevant imo. could be a bunch of reasons he left miami in the way he did, but none of us know for sure.
 



well, then thank God you are not a judge in a court of law. being the super-smart kind of guy you are you already have it all figured out don't you? and you are basing you conclusion on what? whether he left miami or not is irrelevant imo. could be a bunch of reasons he left miami in the way he did, but none of us know for sure.

I agree, he probably was scared, and wanted to get the heck out of Dodge...which is (somewhat) understandable as many young people would probably have acted with the same behavior. I don't feel that his 'flight' (if that's what happened) proves anything one way or another.
 

well, then thank God you are not a judge in a court of law. being the super-smart kind of guy you are you already have it all figured out don't you? and you are basing you conclusion on what? whether he left miami or not is irrelevant imo. could be a bunch of reasons he left miami in the way he did, but none of us know for sure.


I understand being a Gopher fan and giving the kid the benefit of the doubt, but you honestly think it is completely irrelevant that he blew town in the fashion he did? I hope the kid didn't do it, and I am not ready to convict him on the spot, but the details surrounding his flight to MN are indicitive of guilt. I agree that there could be other factors, but to say it is irrelevant is laughable.
 


Cough*OJ*Cough

We don't know the details at all.

Completely hypothetical scenario, but let's assume he is innocent. Despite his innocence, people then assumed he was guilty after he was accused (because frankly that is just the way it works; look at how we are all playing jury on this site). Then he started receiving threats from people close to the victim.

If that happened to me, I would get the hell out of there.
 



well, then thank God you are not a judge in a court of law. being the super-smart kind of guy you are you already have it all figured out don't you? and you are basing you conclusion on what? whether he left miami or not is irrelevant imo. could be a bunch of reasons he left miami in the way he did, but none of us know for sure.

That's an easy one. He had finished all of his coursework and classes were over........ unless of course, he hadn't and they weren't?????

When did he buy his ticket? How was it paid for? What did he take with him when he left? What work remained to be done at his school? The answers and evidence supporting these questions are going to go a lot farther than what four biased and impeachable "alibi" witnesses are going to testify to under oath.

Again, I am just the messenger you guys don't like so ignore me and rip on me with your fingers over your eyes and crap stuffed in your ears. He'll be back in time for the Big Ten season opener if you listen to Bronko's reasoning........:clap:
 

We don't know the details at all.

Completely hypothetical scenario, but let's assume he is innocent. Despite his innocence, people then assumed he was guilty after he was accused (because frankly that is just the way it works; look at how we are all playing jury on this site). Then he started receiving threats from people close to the victim.

If that happened to me, I would get the hell out of there.

Assault took place at 2:54am. The following morning, Mbakwe told his roommate he was leaving town. The victim was probably in the hospital and dealing with the police until 6:00 or 7:00am. That leaves a very small window of time for her to hurry home, Google the basketball team, pick out Mbakwe from the website, and then send out an APB to all her friends so they can threaten him before he left town.

How was Mbawke allowed to enroll at the U when he never stuck around to finish his classes at Miami Dade? How did he complete those classes??
 

Assault took place at 2:54am. The following morning, Mbakwe told his roommate he was leaving town. The victim was probably in the hospital and dealing with the police until 6:00 or 7:00am. That leaves a very small window of time for her to hurry home, Google the basketball team, pick out Mbakwe from the website, and then send out an APB to all her friends so they can threaten him before he left town.

How was Mbawke allowed to enroll at the U when he never stuck around to finish his classes at Miami Dade? How did he complete those classes??

I believe he completed a few classes by correspondence or on-line, not sure.
 

I have always thought this was a kid who got a bad rap because he changed schools a few times (So did I). Changing schools is not a crime, nor dos it make you high risk or a bad guy.

That said, this is a disturbing thread. I was not aware he actually left town the next day with uncompleted classwork. Looks bad.
 

That's an easy one. He had finished all of his coursework and classes were over........ unless of course, he hadn't and they weren't?????

When did he buy his ticket? How was it paid for? What did he take with him when he left? What work remained to be done at his school? The answers and evidence supporting these questions are going to go a lot farther than what four biased and impeachable "alibi" witnesses are going to testify to under oath.

:

Absolutely. My answer is I don't have the first damn clue. Maybe he was an early riser and liked to pack in the morning. And maybe he didn't have any friends. I'm an educated man, but I'm afraid I can't speak intelligently about the travel habits of William Santiago. What I do know is that he was set to leave the base at 0600. Now, are these the questions I was really called here to answer? Phone calls and foot lockers? Please tell me that you have something more, Lieutenant. These two Marines are on trial for their lives. Please tell me their lawyer hasn't pinned their hopes to a phone bill.
 

I haven't followed the details of this situation closely but what is the explanation for him blowing out of town right after the incident? He certainly didn't help his cause with that choice.

Getting threatened was the reason that was given to police. As Art points out, there wasn't a whole lot of time that passed between the assault and Mbakwe's decision to leave town. It also seems odd that Mbakwe made no effort to contact Miami authorities to report the threats and see just what the hell was going on.
 

Awesome

Absolutely. My answer is I don't have the first damn clue. Maybe he was an early riser and liked to pack in the morning. And maybe he didn't have any friends. I'm an educated man, but I'm afraid I can't speak intelligently about the travel habits of William Santiago. What I do know is that he was set to leave the base at 0600. Now, are these the questions I was really called here to answer? Phone calls and foot lockers? Please tell me that you have something more, Lieutenant. These two Marines are on trial for their lives. Please tell me their lawyer hasn't pinned their hopes to a phone bill.
+1 I love that monologue.
 

I have always thought this was a kid who got a bad rap because he changed schools a few times (So did I). Changing schools is not a crime, nor dos it make you high risk or a bad guy.

That said, this is a disturbing thread. I was not aware he actually left town the next day with uncompleted classwork. Looks bad.

Have you not yet read Myron's timeline of events?
 

Then he started receiving threats from people close to the victim. If that happened to me, I would get the hell out of there.

This is the explanation I've seen for him leaving. My thoughts are that could any of those kids afford any appearance of impropriety being juco's? He's being threatened, could have been thinking if anything happened his scholarship would be in jeopardy, regardless of appearance, it seems to be the smart thing to do ( leaving ).

Not knowing of course but the attacker rides up on bike, asks the girl if she's f-d up, strikes her, and at that point her vision is probably gone if she's got a broken cheekbone, whacks her again, it's dark, how good of a look, other than being a large black man, could she have gotten?
 

if acting suspiciously after a crime was enough to convict, O.J. would have beern in the crowbar motel a lot sooner.
 

You are correct. Based on everything I had heard (the victims ID) I didn't think there was much chance of a conviction. The revelation of his strange behavior following the incident clouds things quite a bit and he's gonna need a good explanation for it.

Maybe not. Flight is a natural reaction whether one is quilty or not. In most jurisdictions it is prejudicial error for a trial judge to instruct that flight is evidence of guilt.
 

The Good Wife

If anybody saw the episode on Monday night - it was all about mistaken identity of a minority who was in jail. It seemed kind of familiar in some aspects to Trevor's case.
 

Getting threatened was the reason that was given to police. As Art points out, there wasn't a whole lot of time that passed between the assault and Mbakwe's decision to leave town. It also seems odd that Mbakwe made no effort to contact Miami authorities to report the threats and see just what the hell was going on.

you do realize that the gang bangers, thugs and just overall crazy mo-fo's that hang out in miami make minneapolis/st. paul look like mayberry from the andy griffith show don't you? no being from miami or having any type of solid foundation of friends/security there (which was the case with trevor) i would have gotten my ass out of miami quickly as well. i am sure he was thinking what if this chick accusing me of this crap knows some pretty shady dudes and they aren't going to care if i tell them i didn't do it? i would have gotten out of there quick as well.
 

guilt

What were the details surrounding his flight to MN that are indictive of guilt?
 

Maybe not. Flight is a natural reaction whether one is quilty or not. In most jurisdictions it is prejudicial error for a trial judge to instruct that flight is evidence of guilt.


That is not neccesarily true. For the most part (to my knowledge), evidence of flight is typically allowed into evidence. It is based on the theory that the D's consciousness of guilt motivated his flight and is circumstantial evidence of his guilt (see Hutchins v. Sleeniger). By definition all evidence is prejudicial, what is not allowed is evidence that is unfairly prejudicial. The fact that Mbakwe left town is evidence that he might have had consciousness of guilt. There certainly could be other explanations for Mbakwe's flight, but those can be attacked and explained on the Defense's side of the case.

It is important to note that this is almost a perfect case for the Prosecution to get the evidence of flight admitted into trial. Mbakwe left town immedietly following the attack (the further away from the crime the less relevant the evidence), Mbakwe wasn't done with school and wasn't expected in MN for a time (takes out some possible other explanations), and one could argue that Mbakwe would have not known about the attack had he not done it (by the time he left, had he already been contacted)?

Like I said, I am not going to pretend that I know what happened that night. However, the fact that Mbakwe left town in the manner in which he did, is certainly strong evidence that he had a consciousness of guilt. (like all evidence it isn't fool proof). But to pretend like the fact that there might be other explanations and/or it is merely circumstantial doesn't change the fact that it is still decent evidence.


However, to the poster I quoted. I think you might be mixing up a few principles. Evidence of Flight without anyother evidence is typically not allowed to be sufficient enough for a conviction in most jds (but not all), however, in Mbakwe's case there is other evidence (circumstantial about not coming home that night, victim's ID, etc.).
 

That is not neccesarily true. For the most part (to my knowledge), evidence of flight is typically allowed into evidence. It is based on the theory that the D's consciousness of guilt motivated his flight and is circumstantial evidence of his guilt (see Hutchins v. Sleeniger). By definition all evidence is prejudicial, what is not allowed is evidence that is unfairly prejudicial. The fact that Mbakwe left town is evidence that he might have had consciousness of guilt. There certainly could be other explanations for Mbakwe's flight, but those can be attacked and explained on the Defense's side of the case.

It is important to note that this is almost a perfect case for the Prosecution to get the evidence of flight admitted into trial. Mbakwe left town immedietly following the attack (the further away from the crime the less relevant the evidence), Mbakwe wasn't done with school and wasn't expected in MN for a time (takes out some possible other explanations), and one could argue that Mbakwe would have not known about the attack had he not done it (by the time he left, had he already been contacted)?

Like I said, I am not going to pretend that I know what happened that night. However, the fact that Mbakwe left town in the manner in which he did, is certainly strong evidence that he had a consciousness of guilt. (like all evidence it isn't fool proof). But to pretend like the fact that there might be other explanations and/or it is merely circumstantial doesn't change the fact that it is still decent evidence.


However, to the poster I quoted. I think you might be mixing up a few principles. Evidence of Flight without anyother evidence is typically not allowed to be sufficient enough for a conviction in most jds (but not all), however, in Mbakwe's case there is other evidence (circumstantial about not coming home that night, victim's ID, etc.).


I agree that flight evidence combined with other evidence might be a reasonable basis for an inference of guilt. I don't know enough of the circumstances of Mbakwe's case to make an informed judgement as to whether this might be such a case. A LONG time ago I obtained a reversal of a conviction on appeal based on an improper flight instruction. My recollection is that there is a body of research that demonstrates the unreliability of such evidence. I simply think people should be aware of that inherent unreliablity and not give it undue wieght.
 

So what type of sentence could this offense draw? and There should be some proof as to what kind of bike this person was riding and whether M. had access to it.
 




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