What happened to Myron's update on Trevor's status?

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Have been waiting for it as well .... nothing in the Strib so far.
 


And that is the difference between Royce and Trevor's cases.

I wonder how the State can go forward if they're not able to find the victim?
 

Oh and by the way-

Well done Myron!

Thanks for the update. :)
 


Thanks for the link anonymous and a well done update from Myron.

Go Gophers!!
 

Nice to see Calipari is being a helpful prick just like you'd expect. In all honesty it probably doesn't matter though. The odds they were going to get this trial started and over in January was probably always unlikely. At this point, the only chance he plays this season is if the prosecuter drops the charges.
 

This is ridiculous....

I'm a D.A. in Western WI and I would bet a paycheck that my judges would force a dismissal (without prejudice) if I was unable to produce the victim and/or state's witnesses for the defense to depose. The system is set up to provide maximum fairness/protection for accused individuals. I can't believe (if this story is correct) that this case is proceeding.
 

cheeseheadgophfan:

I practice in civil litigation not criminal defense but it seems to me that there still might be a possibility that the prosecutor might drop the case altogether should the alibi testimony/deposition go well for Trevor or the phone records provide enough exculpatory evidence to throw a significant wrench in the case. Any chance of the prosecutor walks away after a depo? It looks like Trevor has some very nice evidence.
 



I'm looking back at this and starting to question Maturi's decision about Trevor's status.
 

Tubtastic said:
cheeseheadgophfan:

I practice in civil litigation not criminal defense but it seems to me that there still might be a possibility that the prosecutor might drop the case altogether should the alibi testimony/deposition go well for Trevor or the phone records provide enough exculpatory evidence to throw a significant wrench in the case. Any chance of the prosecutor walks away after a depo? It looks like Trevor has some very nice evidence.
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I've talked to a friend who had family that used to work in the Miami court system. By all accounts it is a completely over-loaded mess. I in no way mean to diminish what happened to this woman, but I would think there would be a certain amount of pressure not to waste precious time and resources on a case that isn't going anyplace. Therefore, I might agree with you that if they can get reasonable amount of evidence before the prosecutor, combined with not being able to find the victim? this case may get dropped sooner then later.
 

Blizzard said:
I'm looking back at this and starting to question Maturi's decision about Trevor's status.
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Perhaps Maturi is too, but that's the beauty of hind-sight. It is more obvious now, that if he knew what was happening with Royce, that had to have impacted his thinking. You can't come out all lenient on a pretty serious charge with the defense of "we really believe he's innocent" only to have some additional damaging stuff come out about the program 24 hours later. It would have looked terrible. That's not even remotely fair to Trevor, but it's reality.
 

When Maturi made his decision, most of this information was not known... At this point, it seems ridiculous that Mbakwe will be convicted of anything.
 



"A Facebook threat sent to defendant by an anonymous person on April 3rd at 1:34 p.m."

LOL. Gotta do better than that, Trevor.
 



Blizzard said:
I'm looking back at this and starting to question Maturi's decision about Trevor's status.
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I don't. A player charged with a serious crime (felony) should be suspended until it is resolved in the courts. Even Cincinnati did that much under Bob Huggins.
 

cheeseheadgophfan said:
I'm a D.A. in Western WI and I would bet a paycheck that my judges would force a dismissal (without prejudice) if I was unable to produce the victim and/or state's witnesses for the defense to depose. The system is set up to provide maximum fairness/protection for accused individuals. I can't believe (if this story is correct) that this case is proceeding.
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Is it the prosecution's responsibility to produce the victim and prosecution witnesses for the defense to depose?

If so, what is a 'reasonable' (?) amount of time for them to produce them before defense asks for dismissal for not providing them.
 

Andy Katz's column today at espn.com has newer info on the suspended players.
 

Somebody explain the logic of this clause:

...makes it even more likely that Mbakwe will miss all, if not the majority of the 2009-10 season.
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Also loved this quote from Tubby, explaining that he doesn't dwell on the "what-ifs"

"Not when you don't have something you never had,'' Smith said. "They haven't played a game for me, so I don't miss them. I move on like anything else. They could have been helpful, but they were going to have to earn their stripes like everyone else. I've never locked in a recruited player, not Rajon Rondo, Randolph Morris or Tayshaun Prince [all at Kentucky]. And neither one of these guys is a lottery pick.''
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Is it just me or is Tubby much more open with national media than the local hacks? Also I'm really glad to here that Mbakwe may be back, partially because he'll help the team, but also because I truly think he's innocent and this has to suck for him. I also hope that Tubby sits White for the year or half the year because this kid honestly needs to learn a lesson. I don't know how good he'll be but I really think that if he gets cut loose he'll never get his act/life together. Tubby is a great coach but more importantly an honorable man and it seems like Royce needs that more than anything else right now.
 

oleboy41 said:
Is it just me or is Tubby much more open with national media than the local hacks? Also I'm really glad to here that Mbakwe may be back, partially because he'll help the team, but also because I truly think he's innocent and this has to suck for him. I also hope that Tubby sits White for the year or half the year because this kid honestly needs to learn a lesson. I don't know how good he'll be but I really think that if he gets cut loose he'll never get his act/life together. Tubby is a great coach but more importantly an honorable man and it seems like Royce needs that more than anything else right now.
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I think a year of maturity will help White immensely. I think playing him now would be the worst thing that could happen to him.
 


Surprising comment from Tubby saying he thought the case could be dropped any day? He obviously knows something here to make that statement. I was resigned to the fact that he was done for the season. Mbakwe, more than White, would give us the bulk to really contend in the Big Ten. I hate to start thinking there is a chance he will come back and continue with the distraction. Regardless, as Tubby stated the absence of these guys will certainly help the guys that would be struggling for playing time. Do you think Rodney would be playing, or getting as much recognition if both White and Mbakwe were in the lineup from the start? I don't think so. He has really benefit the ability to showcase himself earlier than I thought...
 

Katz: Smith said Mbakwe could be back with the team any day because they anticipate his case could be dropped.

That's encouraging. My only reservation is that based on Myron's article it seems that deposing or getting the testimony from Trevor's coach and the alibi witness are a big part of hurrying this case along. It seems like a dismissal wouldn't happen until Samms can secure their testimony (and therefore have a record upon which the prosecutor can use as a basis for his/her dismissal), which it seems like may take some additional and unknown amount of time. That being said, the case should be dismissed earlier if the victim is AWOL.
 

Tubtastic said:
That being said, the case should be dismissed earlier if the victim is AWOL.
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I think that would be the key. If Trevor’s attorney says “we can’t find the victim to take her testimony” the judge most likely requested/required that the prosecution offer her up. If their response was “we don’t know where she is,” then I could see a judge telling them to find her by ________________ or this case will not go forward.
 

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