Showing posts with label Criminal procedure. Show all posts
Showing posts with label Criminal procedure. Show all posts

Thursday, September 04, 2008

Evans, Koroma, Quarless are suspended...balls!

BALLS.

This could change things.

The D-Line is now, officially, devastated. Quarless, honestly, wouldn't have been a big factor in the game anyway. Goddamnit.

If you are looking for a reasoned response, visit ZN and BSD. I'm still fucking pissed.

Let No Act Ours Bring Shame!

GO STATE! WHATSUP KOWNSLA!?!?!?!?

Random Irony

PSU is considering opening a free legal clinic available to students. I can think of a few Penn State students who might be in the market for some free legal advice...

They say it would be there for mainly credit disputes and landlord-tenant issues. The rest of us, however, know the truth!

GO STATE! STAY OUT OF TROUBLE!

Legal Ramifications of The Marijuana Incident

A "small amount" of Marijuana was found in apt. 5204. There were a "number" of people inside the residence who were engaged in a social gathering common amongst college-aged young adults. Law enforcement discovered a "small amount" of law enforcement during a search supported by a search warrant. Here is where it starts to get interesting/confusing. AJ Wallace, Andrew Quarless, Maurice Evans and Abe Koroma LIVE at 5204. The search warrant lists Nova, Wallace and Quarless (Aristides A. Nova is a student who was "only staying at the apartment for a time). Evans and Koroma were apparently not at the apartment that evening.

So, the two players who are in by far the most trouble are Wallace and Quarless.

The police say it was a "small amount" of marijuana. So lets take a look at the criminal punishment for Possession of Marijuana in PA. The crime is a misdemeanor carrying up to thirty days in jail and a $500 fine. This punishment is for possessing an amount under 30 g of Marijuana. 30 g of Marijuana is just a little over an ounce of MJ. Should the amount be over 30 g the penalty goes up to up to 1 yr in jail and $5K in fines.

Depending on the details of where this marijuana was found, the Commonwealth is going to have a tough time proving their case. There are a number of people present any of whom might be the actual owner of the MJ. The two residents of the apt. are nowhere to be found. This means the Commonwealth would have to rely on constructive possession of the MJ. To prove one has constructive possession of an item in PA the Commonwealth must prove that one:
does not have actual possession over the illegal item but has conscious dominion
over it. Commonwealth v. Carroll, 510 Pa. 299, 507 A.2d 819 (1986).
Which means that the Commonwealth must show that either Wallace or Quarless or both had a conscious dominion over the aformentioned MJ. Which, depending on the details, could be tough.

GO STATE! GET FIRED UP (PUN INTENDED!) FOR THE BEAVERS!

Wednesday, September 03, 2008

Search Warrants and Marijuana Mean Trouble for PSU

The Daily Collegian is reporting that the Incident late last night was from a noise violation. Officers report that they smelled Marijuana which led to police obtaining a search warrant for the residence. Marijuana was found at the residence.

Also, no players have been charged but this is not looking good. The players who haven't been charged are:

"Evans, Wallace, Quarless and Koroma have not been charged with any crime, Moerschbacher said."

I mean, fuck! That is half the goddamned team! WTF is going on!

This raises a ton of questions. Does Joe suspend them all regardless of the criminal implications which, lets face it, should be minor.

What does this do to personnel?

Where is my depth chart! BATTLE STATIONS!

GO STATE! LEAVE THEM REEFERS ALONE!


Thursday, August 21, 2008

Get Your "Rapist" Signs Ready!

Coastal Carolina WR William Chandler has been arrested for:
third-degree assault with intent to commit criminal sexual conduct.
Translation: Rape.

Chandler is a Frosh WR for the Chanticleers. Currently, there is nothing up on their official website regarding his status.

This sounds serious. Austin Scott serious. What will it mean ultimately? Nobody knows. What does it mean short term? CCU is having a worse summer than PSU in the behavior dept. and this kid won't be playing next Saturday.

GO STATE!

Thursday, August 07, 2008

Pringle Will Not Be In The Can

Stanley Pringle has been accepted in the ARD (accelerated rehabilitative disposition) program. This, of course, is in connection to his charge of open lewdness based off of an allegation that he was masturbating in Patee library. If he finishes ARD and his one year of probation he can ask to have his record expunged.

Yet another great chapter in Penn State Sports history comes to a close. Sigh.

GO State!

Wednesday, March 12, 2008

Taylor's Charges Dismissed.

FOS is reporting that the felony charges against Phil Taylor have been dismissed. FOS cites the CDT, however, I cannot find that story on the CDT's web-page.

This, however, is very good news for PSU football and very bad news for the prosecutor's office. This seems to be yet another case which should never have been pursued as a felony. It certainly seems that, at least some of these players, were singled out because they were players and were prosecuted for no other reason than they wear the Blue and White.

Good work, Kownslas! You got your boy cleared!

GO STATE!

Friday, February 15, 2008

The Scirrotto Chapter of the 2007 Spring Fight Is Closed

Anthnoy Scirrotto has taken a plea deal. He has plead guilty to Defiant Trespass, a misdemeanor, for his role in an off-campus fight last April. All it took was 10 months and one full season to resolve these charges. If you want all the gritty details you can check out the CDT and the Collegian.

I am compelled to show some love to RUTS who completely beat me to this story.

The only question left is how will Joe react to #7 actually pleading guilty to a crime. I really don't know that Joe will do. I'm sure he has known what Scirrotto's involvement was for quite some time and that this probably won't lead to any further serious Paterno-related-repercussions. But still. Could Joe nail him with something?

Over at RUTS he rails against the prosecutors in this case for bringing. This is completely fair and deserved. However, lets not leave the defense attorney's out of this. Check out what McGlaughlin, Scirrotto's attorney, had to say about this:
"I struggled, quite honestly -- I struggled with entering a plea," McGlaughlin told Centre County Judge Bradley P. Lunsford. "I still think this is an appropriate ARD case. I respect Mr. [Michael] Madeira's decision, but I disagree with that decision forever and a day."
I don't think he struggled with anything. He did a great job for Anthony. He got several extremely serious felony charges dropped down to a minor misdemeanor in which his client will pay a fine and do some community service. He did a great job but I don't think there was even a little bit of struggling with this offer.

Congrats Anthony! You beat the man!

NOW STAY OUT OF TROUBLE AND HIT THEM WEIGHTS!

GO STATE!

Tuesday, February 05, 2008

Scirrotto To Plead Guilty

The CDT is reporting that Anthony Scirrotto will plead guilty as early as next week. The article doesn't come right out and tell you the terms of the agreement but apparently Scirrotto admitted to the trespass charge when he uttered:
"Scirrotto admitted to going inside knowing he was not permitted to do so, police said."
Though, there seems to be little evidence that big #7 actually assaulted anybody. Odd's are he will probably plead guilty to Criminal trespass and any other charges will be dismissed.

The bigger question is: What affect will this have on his eligibility to play and what will Joe respond with?

Scirrotto didn't miss a minute of playing time because of the charges but will it be different if he admits guilt to a crime? Will Joe suspend him? Temporarily banish him, a la Baker, Bowman, et al?

The defensive backfield is already starting to look pretty skimpy with King going pro and last year's transfers. If Scirrotto faces serious discipline the backfield could be a major problem for PSU in the fall.

GO STATE! STAY OUT OF TROUBLE!

Tuesday, January 29, 2008

Trials Joined, Baker Could Be Jailed

There is another chapter of the Baker, Bowman saga unfolding this week. The CDT is reporting that the trials have been joined for the two wayward ex-players. So they will both be tried in the same proceeding. This gives the prosecution a number of advantages, particularly with regards to statements either of the players may have made.

Also, Baker will appear in court again on Friday where the judge will hear arguments to reject his bail. As you may remember, Baker was out on bail for his involvement in the PSU player brawl from the Meridian apartments last April. As he is now facing more felony charges he allegedly committed while on felony release, his likelihood of remaining a free man seems slim.

Nothing beats an update on criminal proceedings in Happy Valley. Sigh.

GO STATE! STAY OUT OF TROUBLE!

Saturday, January 19, 2008

Baker To Be Jailed?

The Collegian is reporting that the District Attorney who is prosecuting Chris Baker has filed a motion to revoke Baker's bail. Baker was out on bail in the off-season fight at the Meridian apartment complex, a condition of which was to not commit any new crimes, and now that more criminal charges have been filed he might find himself back in the pokey.

I was willing to give Baker the benefit of the doubt on the first charge stemming from the off-season fight. However, now that he has racked up multiple separate felony charges we are starting to see a trend.

How will Joe and the staff handle all this? If Baker is jailed until his cases go to trial it might not matter one little bit. In short, Baker might be lifting weights this spring but it might not be with guys in blue and white but rather guys in orange jump suits.

GO STATE! PRACTICE HARD! STAY OUT OF TROUBLE!

Wednesday, January 16, 2008

Baker, Bowman Bound for Trial

Baker and Bowman were back before a Judge today on re-filed felony charges stemming from the HUB fight. The Judge at the newest hearing held that probable cause did exist and to send this matter to the County Court for trial. The CDT has a story. This is easily the most disturbing recantation of the fight that I've heard to date:
At the hearing this morning, Assistant District Attorney Steve Sloane elicited additional testimony from four witnesses who said they saw Baker and Bowman kicking or stomping a man as he lay on the ground, surrounded by about 15 other men.
That is just terrible. Stomping a man as he lay on the ground? Why not stab him? I think that would be good.

GO STATE! LET NO ACT OF OURS BRING SHAME!

Tuesday, January 15, 2008

Baker & Bowman Charges Refiled

The Center County District Attorney has decided to refiled charges against Baker and Bowman for the HUB fight which occurred back in October. (WJACTV has some video of very official looking papers!) The felony charges were originally dismissed for lack of evidence by Judge Carme Prestia back in December, however, the charges are back and better than ever!

I don't know if this counts towards the Fulmer Cup. An argument could be made either way. The incident certainly did not occur during the off-season, however, charges were filed after the end of the season. Decisions, decisions.

GO STATE!

Monday, January 07, 2008

I've Got Good News!

PSU basketball looks to be in an up year! This is, and will remain, a PSU football blog but the Lions are off to a great start on the hardwood this year. Now, I can't say I follow PSU basketball closely even in the down years (I don't think I'm alone in this) but I certainly root for them and want them to do well. I remember the days of riots in "Beaver Canyon" when PSU advanced to the sweet sixteen back in 2001. Could we be returning to those days of yore? Check out the fast start the Lions are having this year! Wins like that, on the road, against a quality opponent is what turns around a basketball program.

I also, of course, have bad news.

Willie Harriott will be in court this week for a Preliminary Hearing on a DUI charge he picked up during the season. Apparently, the team plans no action to change Harriott's status on the team. However, I would bet dollars to donuts that this means extra-double-super-secret-doghouse time for Willie.

GO STATE! ON THE FIELD AND ON THE COURT!

Sunday, December 09, 2007

Ohio St. Youtube Fan Attack: The Final Fallout

The criminal punishments have finally sorted themselves out in the Fan attack at Pi Kappa Alpha Fraternity at PSU. You might remember this one. It is where a bunch of feckless douchebags attacked a couple of Ohio St. fans, video taped it, and then posted it on the internet. Well, all the parties involved finally got their comeuppance, The Collegian has the story.
Pi Kappa Alpha fraternity, 417 E. Prospect Ave., paid $327 in fines and various court costs on Monday for the disorderly conduct citation police issued the chapter on Nov. 1.
This seems reasonable to me. It is clear that not only was this attack the acts of only a few douchebags but also one cannot fine a frat thousands of dollars for a fight on their premises. If you did there wouldn't be any more fraternities anywhere.
Richard Eisenberger, 20, of Easton, was the most visible person in the video and could be seen throwing an open beer can at an Ohio State University fan at close range. Eisenberger, a student at the University of Pittsburgh, was charged with disorderly conduct and harassment. His fines for the two citations totaled $537, which he paid on Nov. 15.

This guy is obviously the head turd in charge of general ass-holishness. $537 dollars seems fine. I don't really care. Because for the rest of this guy's life a Google search will turn up hundreds of articles about what a dick (Richard) this guy is. Imagine the interviews:
Boss: Mr. Eisenberger have a seat. Please tell us why you think you are qualified to be a junior analyst here at Merrill Lynch?
Eisenberger: Well, sir, I graduated from Pittsburgh University with a degree in....
Boss: hahahaha...I'm sorry. Go ahead.
Eisenberger: Like I was saying; I graduated from...
Boss: Ok, that's enough. Why did you attack those guys from Ohio State?
Eisenberger: (silence)
Boss: Well. Thanks for your time.
Eisenberger: Did I get the job?
Boss: HAHHAHAHAHAHAH, Lord no.
That's your fallout!

GO STATE! STAY CLASSY! BEAT THE AGGIES!

Wednesday, October 17, 2007

Austin Scott's Preliminary Hearing

The CDT reports that Austin Scott appeared before a judge today for his Preliminary Hearing. (A preliminary hearing is where a judge or magistrate makes a determination of whether or not there is probable cause to believe that these crimes were committed by the accused). Here, the judge dismissed two counts of aggravated indecent assault (whatever that means) but bound him over on charges of rape, sexual assault, indecent assault and simple assault over for trial in Centre County court.



I LOOK GOOOOOOOOOD!

This is more bad news than good news for Scott. Sure, he got two lesser charges dismissed but he is still facing two very serious charges and two lesser charges. The victim appeared and testified before the Court as to what happend.

According to the prosecution, the woman accompanied Scott back to his apartment early that morning, but told him she did not intend to have sex. She said she fell asleep at the apartment and awoke to find him on top of her. She testified that she when she sat up and told him no, he punched her in the kidneys.

After that, she said, she was afraid and in shock and did as she was told.

“She told him no, she told him to stop, she told him you’re hurting me,” Assistant District Attorney Lance Marshall said.

The prosecution pointed to evidence of bruises found on the woman, including in the kidney area.

Of course, Scott's defense attorney had his own sound bites both to the court and the media. Observe!

“It is clear here that this is every man’s nightmare,” he said.

Karoly said the "scurrilous" accusation should never have led to criminal charges.

“I’m suggesting that if Mr. Scott is not, or was not, who he is, he would not have been charged,” Karoly said.

Following the hearing, Karoly fielded questions from the media, and said that while he would never presume to tell Coach Joe Paterno what to do, he said he hoped he would consider allowing Scott to return to the team until the charges are resolved.

“He should be allowed to return to the team," Karoly said. "The team needs him.” For more information from today's hearing, check back later at CentreDaily.com or see tomorrow's Centre Daily Times.

What is funny is that, clearly, the team does not need him and is actually playing better without him. Really, this is just another step in the process towards trial, this case is not going anywhere and the odds of Scott returning to the team are only slightly better than the earth being destroyed by a meteor.

Oh, Snap!


GO STATE! FOCUS ON INDIANA!



Friday, April 27, 2007

Penn State Players Legal Proceedings: The Next Step

All of the players facing charges will face preliminary proceeding known as a Preliminary Hearing (PH). At this hearing it is the Commonwealth's burden to prove a prima facie case for all the charges alleged against all Defendants. Prima facie does not mean beyond a reasonable doubt what it does require is evidence:
Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted.

This is not a high burden of proof on the Commonwealth, and, the Commonwealth would not have filed the criminal complaints against the players unless it felt comfortable proving this burden. The DA has also stated that he plans to call 40 witnesses at this hearing (probably because of the size of the party and the number of people charged he will need that many to build a case for each charge against each person). All of this info can be found pursuant to PA. R. Cr. P. 540-543.

This is a terrible day, and this is terrible news.

GO STATE! YOU'RE BETTER THAN THIS, BABY!