MBB: 2022-2023 Season Over

[cwdickens]

4 hours ago, Dane96 said:

Yep, the deal was reached in advance.  Today was performative, procedurally speaking.   It's a total nothing burger outcome, a nuisance to all...and the least impactful.  Solid outcome for Killings. 

I would agree today's deal arranged by Killing's attorney with the Kentucky courts is the best legal outcome for Killings.  However, the incident remains in the minds of most Great Dane fans as well as the season past.  He continues to retain a public relation firm to place a wall between him and the public.  He may have "win" the KY battle, Killings has a long way to go to win the war for the support of the UAlbany fan base.

"Solid Outcome", only time will tell and let us remember, Killings likely paid a tidy sum for his attorney to arrange this deal.

[UAalum72]

3 hours ago, jimbo said:

What was the solid outcome? This is behind the Times Useless paywall. 

He has one year to complete the program, and a date for review in court was set for March 11, 2024. If he has completed the program, he will not need to be present for that date. 

“Upon recommendation of the county attorney, the Court today approved a resolution of the case in Kentucky, which will be dismissed in one year, upon my completion of an online class in ‘corrective thinking,’ ” Killings said. “The interests of our team, players, families, program, and community always come first for me. That will never change. I look forward to continuing to build a program that the entire UAlbany community and Capital Region can be proud of, today and long into the future.”

school spokesman Jordan Carleo-Evangelist added that UAlbany isn't aware of any new information that surfaced during the Kentucky proceedings that would have impacted UAlbany's investigation into the incident last spring.

Fizulich’s lawyer says they’re still pursuing the civil lawsuit.

[dslyank]

12 hours ago, UAalum72 said:

school spokesman Jordan Carleo-Evangelist added that UAlbany isn't aware of any new information that surfaced during the Kentucky proceedings that would have impacted UAlbany's investigation into the incident last spring.

Fizulich’s lawyer says they’re still pursuing the civil lawsuit.

Fiz lawyers claiming a victory😜. Will be bringing discovery statements to NY civil courts soon. Pretty sure they are barking up a tree. If they had anything, why did they NOT present it in Kentucky? Can they even legally present anything new now without notifying DK & UA lawyers; and without having presented it the "criminal" trial?

Guessing NY also dismisses the case; probably DK will not even have to wait a year for that part of the dismissal.

[cwdickens]

10 minutes ago, dslyank said:

Fiz lawyers claiming a victory😜. Will be bringing discovery statements to NY civil courts soon. Pretty sure they are barking up a tree. If they had anything, why did they NOT present it in Kentucky? Can they even legally present anything new now without notifying DK & UA lawyers; and without having presented it the "criminal" trial?

Guessing NY also dismisses the case; probably DK will not even have to wait a year for that part of the dismissal.

Luke's attorneys cannot prosecute a criminal case in the State of Kentucky, thtat is the responsibility for the state attorney for the State of Kentucky.

Edited March 21, 2023 by cwdickens
clarify

[dslyank]

28 minutes ago, cwdickens said:

Luke's attorneys cannot prosecute a criminal case in the State of Kentucky, thtat is the responsibility for the state attorney for the State of Kentucky.

Yes, but they are responsible to provide EVIDENCE & FACTS, which the State of Kentucky and its prosecution team and ultimately the jurors and/or Judge must decide upon. Luke's attorney's are/were responsible for providing facts & evidence.  If they withheld it in Kentucky or did not provide any, I would guess the use of such evidence in NY would be diminished at best or even not allowed?? Any lawyers out here who would like to clarify, would be appreciated.

[cwdickens]

1 hour ago, dslyank said:

Yes, but they are responsible to provide EVIDENCE & FACTS, which the State of Kentucky and its prosecution team and ultimately the jurors and/or Judge must decide upon. Luke's attorney's are/were responsible for providing facts & evidence.  If they withheld it in Kentucky or did not provide any, I would guess the use of such evidence in NY would be diminished at best or even not allowed?? Any lawyers out here who would like to clarify, would be appreciated.

If what you are saying is true, then Kentucky has unique set of rules for prosecuting a criminal case(s).  The issue is Luke's word vs, Dwayne's word as to my knowledge no other witnesses to the incident currently resides in the State of Kentucky and/or willing to take time out of their lives to travel to Kentucky for being disposed during a trail.  I never thought Kentucky was interested spending much time, MONEY and effort in this case.

Hopefully, Dwayne's class requirement is a pass-fail score. Just a little humor....

[Clickclack]

It's hard to argue that the resolution of the KY case and that outcome does not significantly weaken Luke's case in my non-jurist opinion. That fact that it didn't even get pled down but outright dismissal is pretty damning for Luke I think. Benson dropped from the case, DK off with note even a slap on the wrist in KY...this thing is falling apart for Luke, maybe I'm crazy!

 

D96, you're a lawyer...am I nuts?

Edited March 21, 2023 by Clickclack

[Dane96]

I don't have access to documents or knowledge of information to comment, so I won't other than to say, overall...this looks like Luke is a jilted kid who got bad advice. 

[alum73]

OJ was not guilty but lost the civil suit.

[UA'08]

54 minutes ago, alum73 said:

OJ was not guilty but lost the civil suit.

Very comparable. 

[bob87]

As a layman, I know burden of proof is lower on a civil case vs a criminal case. I don't know any of the other evidence in regards to this.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited March 21, 2023 by bob87

[dslyank]

17 hours ago, alum73 said:

OJ was not guilty but lost the civil suit.

Yes but plenty evidence was presented in BOTH cases. It was a matter of how the evidence was interrupted in each case. I believe basically the same evidence was collected/presented.

Comparing DK's case to OJ is night and day on many levels. Starting with one was a murder case and the other far from it. And as I said above, the evidence presented in OJ's case was pretty consistent through BOTH. In DK's case no evidence at all was presented in the "criminal" case. If the same evidence (i.e. NONE) is presented in the civil case, I'm pretty sure the same dismissal will result. So I think it is totally silly to try and interpret/compare the two cases.

So getting back to my QUESTION is it legal to change/add evidence in a civil case that was NOT presented/disclosed in the criminal portion of the same case?????

 

[bob87]

My understanding is civil and criminal  are separate cases. A lawyer can correct me if I am wrong. If so, no question that asks "on the same case" is correct or legitimate.