Great news for Gotsis

[buzz_wiser©]

Deadspin: Rape Case Dropped Against Broncos' Adam Gotsis.
https://deadspin.com/rape-case-dropped-against-broncos-adam-gotsis-1828372511

 

[Whiskey_Clear]

This allegation should never have led to charges.

 

[dressedcheeseside]

This allegation should never have led to charges.

I don't think any formal charges were ever made.

 

[Whiskey_Clear]

I don't think any formal charges were ever made.

Yes. He had to go to the Fulton county jail in response to an arrest warrant for rape. He bonded out same day. Now the DA has found there aren’t grounds to prosecute the charges listed on the arrest warrant.

 

[4shotB]

Yes. He had to go to the Fulton county jail in response to an arrest warrant for rape. He bonded out same day. Now the DA has found there aren’t grounds to prosecute the charges listed on the arrest warrant.

Help me understand something. I guess this is all semantics but is an arrest warrant the same as being arrested? I would hate to be arrested for this or any other crime only to have the law come back and say that they didn't have enough evidence to prosecute. You still have the "arrest" thing hanging over your head iiuc. I thought having sufficient evidence to take to trial was required prior to arrest. But it's been many, many moons since I took a gov't or civics class.

 

[Whiskey_Clear]

Help me understand something. I guess this is all semantics but is an arrest warrant the same as being arrested? I would hate to be arrested for this or any other crime only to have the law come back and say that they didn't have enough evidence to prosecute. You still have the "arrest" thing hanging over your head iiuc. I thought having sufficient evidence to take to trial was required prior to arrest. But it's been many, many moons since I took a gov't or civics class.

An arrest warrant has to be taken out for any and every physical arrest. If a cop makes an arrest, transports the arrested to jail, the cop has to swear out an arrest warrant in front of a judge. The judge must agree that the officer has “probable cause” to believe the arrestee committed the offense listed on the warrant and sworn to by the cop.

If a cop finds probable cause an individual committed a crime, but isn’t able to make a physical arrest, the cop swears out a warrant in the same way. That warrant will be outstanding until the subject of same either turns himself in (like Gotsis did) or is otherwise found and apprehended on that outstanding warrant.

Probable cause is a much lower threshold than “beyond a reasonable doubt.” If a DA finds there is not sufficient evidence to reach that threshold of proof they can and do decline to prosecute.

In the case of Gotsis, from known facts, I think it was a miscarriage of justice to take that warrant out. I’m highly skeptical that even probable cause could be met under the circumstances and evidence available.

The alleged victim can still attempt to sue him in a civil case regardless of the DA’s decision. It hurts her civil case but the burden of proof there is more than 50%.

 

[COJacket]

An arrest warrant has to be taken out for any and every physical arrest. If a cop makes an arrest, transports the arrested to jail, the cop has to swear out an arrest warrant in front of a judge. The judge must agree that the officer has “probable cause” to believe the arrestee committed the offense listed on the warrant and sworn to by the cop.

If a cop finds probable cause an individual committed a crime, but isn’t able to make a physical arrest, the cop swears out a warrant in the same way. That warrant will be outstanding until the subject of same either turns himself in (like Gotsis did) or is otherwise found and apprehended on that outstanding warrant.

Probable cause is a much lower threshold than “beyond a reasonable doubt.” If a DA finds there is not sufficient evidence to reach that threshold of proof they can and do decline to prosecute.

In the case of Gotsis, from known facts, I think it was a miscarriage of justice to take that warrant out. I’m highly skeptical that even probable cause could be met under the circumstances and evidence available.

The alleged victim can still attempt to sue him in a civil case regardless of the DA’s decision. It hurts her civil case but the burden of proof there is more than 50%.

Thanks for the education. I love learning. And I love that Gotis has his life back and can focus on his role on the Broncos

 

[Animal02]

Thanks for the education. I love learning. And I love that Gotis has his life back and can focus on his role on the Broncos

Whiskey Clear is intimately involved in the process if I recall.

 

[Technut1990]

An arrest warrant has to be taken out for any and every physical arrest. If a cop makes an arrest, transports the arrested to jail, the cop has to swear out an arrest warrant in front of a judge. The judge must agree that the officer has “probable cause” to believe the arrestee committed the offense listed on the warrant and sworn to by the cop.

If a cop finds probable cause an individual committed a crime, but isn’t able to make a physical arrest, the cop swears out a warrant in the same way. That warrant will be outstanding until the subject of same either turns himself in (like Gotsis did) or is otherwise found and apprehended on that outstanding warrant.

Probable cause is a much lower threshold than “beyond a reasonable doubt.” If a DA finds there is not sufficient evidence to reach that threshold of proof they can and do decline to prosecute.

In the case of Gotsis, from known facts, I think it was a miscarriage of justice to take that warrant out. I’m highly skeptical that even probable cause could be met under the circumstances and evidence available.

The alleged victim can still attempt to sue him in a civil case regardless of the DA’s decision. It hurts her civil case but the burden of proof there is more than 50%.

Whiskey you sound like you know the process. I need to point out just as an addition, when a cop takes a warrant and the arrested person is booked into a jail the accused is entitled to a probable cause hearing in magistrate court. In that hearing the cop who took the warrant testifies to the probable cause. If the judge, after the hearing agrees that cause exist then the charge is sent to the proper court for prosecution, either Superior Court for felonies ( The DA ) or State Court for misdemeanors (Solicitor). In a rape case the DA will review the evidence investigate further to confirm or refute the charge and then a decision is made as to prosecution. Certain felonies have to go to The Grand Jury for an indictment, that Grand Jury can decide against prosecution also, it’s known as a Return of No Bill.

Unfortunately things get very political in Sexual abuse cases and more unfortunately probable cause is often based totally on a victims statement. Why ? Because elected officials will never allow themselves to be viewed as erring on the side of a predator, innocent or not. Another truly sad fact is that District Attorneys will often use a Grand Jury to No Bill a case that they ve known shouldn’t be prosecuted. Why ? Because if asked why someone wasn’t prosecuted they will tell us that the Grand Jury declined the charges. Another way to avoid the look of siding with a predator. It’s a legal malpractice but it takes place everyday in every metro county around here. Politicians want votes, they will do what they need to to get and retain it, including allowing you to go to jail.

 

[Whiskey_Clear]

@Technut1990

That’s why local elections matter so much. Whether left leaning or right, district attorneys have enormous power. When they and their offices lose perspective of blind lady justice, and allow politics to steer their decision making, injustices will occur.

 

[SteamWhistle]

Females that pull this card should face jail time.

 

[Whiskey_Clear]

Females that pull this card should face jail time.

It’s difficult to prosecute accusers imo. Even if law enforcement believes the accusation is false. Sometimes because of the same he said / she said with lack of substantive evidence to corroborate accounts that make prosecuting real offenders difficult.

Some special victims investigators I know would at times like to prosecute false reports of crimes in these instances. During the course of their investigations false accusers will often admit to their lies. They would be less willing to make these admissions if they knew they might then face jail time themselves. It also would present a lot of criticism for “prosecuting the victims” etc.

But yes, in a perfect world with perfect justice false accusers would deserve it. We don’t live in a perfect world. Sometimes the best we can do is polish a turd.

 

[GTJake]

Just want to add ... Congrats Adam !! Glad for him to finally get past this.

 

[Jophish17]

Females that pull this card should face jail time.

"Pull this card" - what card? Nothing here says there was or was not an assault, but rather the evidence wasn't enough for the prosecution (in intentionally vague language). It could mean the evidence was insufficient or the evidence was all-out invalid or something entirely different, but we don't know from the DA's statement. Unless we hear definitively that this was a fabricated claim, we should have the decency to leave this woman alone.

 

[Technut1990]

Guys in the professional world it’s called ‘ victimizing the victim’. You better have air tight evidence she is lying before you call her a liar, it can end your career. The attitude is that sometimes it’s better to let a jury find a person not guilty than to call the vct a liar. The problem is that nobody really knows what a jury will do. If you doubt this ask yourself why the Duke incident took place.

 

[Backstreetbuzz]

If the charges were fabricated, Gotsis is the victim, not the accuser.

Guys in the professional world it’s called ‘ victimizing the victim’. You better have air tight evidence she is lying before you call her a liar, it can end your career. The attitude is that sometimes it’s better to let a jury find a person not guilty than to call the vct a liar. The problem is that nobody really knows what a jury will do. If you doubt this ask yourself why the Duke incide

 

[Technut1990]

If the charges were fabricated, Gotsis is the victim, not the accuser.

Preaching to the choir

 

[Technut1990]

I have always believed that if/when evidence supports that a false accusation is made the penalty should be the exact penalty that the wrongfully accused person would have gotten if convicted (based on the lie).

Of course advocate groups would raise hell at the thought but justice is about getting the truth

 

[TromboneJacket]

I met Adam a couple times while I was a student, and I knew from the start that he couldn’t have possibly done this. Off the field, he’s one of the nicest guys I’ve ever met. He’s not capable of intentionally causing mental anguish to another human being (except to opposing quarterbacks, of course).