alum96

April 12th, 2017 at 11:02 AM ^

I've read that social media is basically a "greatest hits" collection of a person's life.  So to put it in sports terms it's basically your highlight tape.  So in relationship terms, no one puts the "other half" of their relationship in wonderful selfies and awesome lovey dovey poses.

Honestly we don't know these people one bit.  We get the fluff pieces by and large even by the press who follow these players.  Same for our school, same for every school.  From what little I do know (which is just what the press has reported) this seemed like the last guy on the team to be caught up in something like this but again - what do we really know about these people other than their "highlight tape" either via their social media or what the submarine divulges.

yossarians tree

April 12th, 2017 at 1:55 PM ^

Damn near impossible to negotiate the trials of a close relationship for anyone at that age. Add in the fame, pressure, and the lure of a huge payday forthcoming I'm sure a large number of high profile college athletes experience tremendous turbulence in their romantic lives.

The Mad Hatter

April 12th, 2017 at 10:43 AM ^

Unless there's more that the media isn't aware of, this is a nothingburger.  Surprised they're going to trial.

Also, good luck finding a jury to convict a Michigan football star in the 15th District.

Yooper

April 12th, 2017 at 10:54 AM ^

Really?  Even if found not guilty or the cases is dropped/settled, this episode will cost him dearly in the draft and beyond.  You can't unring a bell and this will dog him for a very long time.

The Mad Hatter

April 12th, 2017 at 11:30 AM ^

It's because he thinks he'll win.  These cases (even when the defendant is guilty as shit) are almost always pled out.  I honestly don't know what the prosecutor is thinking.  Probably that just outright dropping the charges would be a bad look.  Better to have the thing tossed by the jury or via summary judgment. 

Everyone Murders

April 12th, 2017 at 10:48 AM ^

The fact that Lewis did not cop a plea to a lesser-included offense suggests he has a good defense to the charge.  Or a shitty lawyer.  Or a good lawyer that he's not listening to.

Put another way, who knows on this one?  My hunch is that Lewis has a good defense and wants to clear his name, but that's just a hunch.

Whatever happened, it does not seem like Frank Clark territory by a long shot, but as Erik in Dayton put it so eloquently, ugh. 

CR

April 12th, 2017 at 3:54 PM ^

JS knows what he is doing and is unlikely to take a poor case to trial.

The PA conversely, may or may not feel strongly about their case. They have made a politcal decision, a wise one, to take all such cases seriously, even if a complainant becomes uncooperative.

xtramelanin

April 12th, 2017 at 4:46 PM ^

sideways/uncooperative.  worse for JL, that is.  better a woman scorned than one who is seen as wanting to make up and will say anything to make it all better.  

Mabel Pines

April 12th, 2017 at 10:48 AM ^

If it truly is he said/she said- you take that garbage to trial every day. Great for reasonable doubt. Probably his choice to take it to trial because the plea offer is no good and if he truly believes he's not guilty, why take a plea and ruin your record?

Everyone Murders

April 12th, 2017 at 11:00 AM ^

Agree, especially since

  • Judge Libby Hines is a well-regarded judge, and she is able to use her experience as a prosecutor to see through b.s.  I'd go bench trial all day with her on the bench.
     
  • The downside is a conviction for misdemeanor domestic violence.  That ain't great, but it's not life-ruining either.  With the facts we've seen alleged, nobody's going to jail for this.  Lewis can survive a loss here without it impacting his day-to-day life much more than copping a plea to a lesser charge would.

If he were to cop to a lesser plea, everyone would take it as a tacit admission of domestic violence anyway.  His reputation matters more than his record - so even if a plea involved an opportunity for expungement after a period, the event/stain would live on through the interwebs anyway.

I'm with you Mabel.  In this he said / she said, it's likely worth the roll of the dice.

Year of Revenge II

April 12th, 2017 at 11:03 AM ^

I agree with your takes in general on this page, except..., you rarely, if ever, would want a bench trial over a jury trial no matter the judge.  

It's always more difficult to get 6 or 12 people to agree on one verdict than it is for 1 judge to (usually jaded when it comes to criminal allegations, like almost every other lawyer only more so) to agree with himself or herself.  Plus, jurors as laypeople are more easily influenced than judges.  Only exception usually cited is an unpopular defendant trying to get a directed not guilty verdict on an arcane point of law.

Would never fit a "he said, she said" case.

From what I know of the case, verdict almost has to come back not guilty, but you never know.

ijohnb

April 12th, 2017 at 11:15 AM ^

believe he has not been offered a 769.4 plea on this.  It is a sketchy charge and he has no prior record.  He would seem he would be ideal candidate.  Perhaps he has been and rejected it but that would truly surprise me.

Year of Revenge II

April 12th, 2017 at 11:31 AM ^

Why would you want to plead guilty to this misdemeanor, with all the attendant negative publicity he would get even if the case got deferred, if you didn't do it? I wouldn't; I would roll the dice, which seemed to be loaded in his favor at present.

ijohnb

April 12th, 2017 at 11:41 AM ^

don't know why everybody thinks that.  I concur that, based on reports, it did not look like the mother of all domestic violence cases but the word "drag" is never a good thing in a police report.  He would not be pleading guilty, that is the point.  He would plea under advisement, complete probation, and have a clean record. 

A domestic violence conviction is not a good thing, at all, even if it is a misdemeanor.  I don't know why everybody thinks that the prosecutor would go rogue and plow full steam ahead with a frivolous charge against a beloved football player if they had nothing.  That makes even less sense than Lewis pleading guilty to a marginal charge.

In reply to by ijohnb

Year of Revenge II

April 12th, 2017 at 11:47 AM ^

I disagree.  He would have to enter a factual basis for a guilty plea to be accepted, and then the case is essentially taken under advisement.  

There is a political cost to dismissing ANY domestic violence case once it has been initiated, regardless of whether it is the right thing to do.

Everyone Murders

April 12th, 2017 at 11:33 AM ^

If you are a regular college student or workaday type, pleading under 769.4a gives the defendant exceptional value.  Essentially, the plea goes away similar to a Holmes Youthful Offendor act claim.

But if you are a potential first round draft pick, the allegation is going to dog you notwithstanding the plea.  With people as prominent as Lewis, the toothpaste is out of the tube vis-a-vis the reputational damage.

Mr. Yost

April 12th, 2017 at 11:44 AM ^

So basically, it's a reasonable move for an average joe...but for someone with celebrity or high profile status, taking the deal will be seen by the public as copping to a lesser charge to save face when "we all know you really did it!"

So better off to roll the diceto get a 100% not guilty, give me my life and my reputation back.

 

ijohnb

April 12th, 2017 at 12:00 PM ^

you are sure that you are going to be a star football player and nobody is going to care that much if you have a misdemeanor conviction because you are a legendary lockdown corner! Yeah, I guess take it to trial. 

But perhaps everything doesn't always go as planned and you have a criminal conviction for the rest of your life.  I think if he had a 769 offer it would been a reckless move not to take it. 

Hard-Baughlls

April 12th, 2017 at 10:56 AM ^

what goes on behind closed doors so it's hard to speculate on this sort of he said, she said situation without much evidence of physical harm (bruises, etc) or the obvious recorded version (Ray Rice)

The initial reports seemed pretty innocuous, but I'm assuming there is more since it is going to trial?  If not, then it seems a bit of a stretch for the case to go to court.

Either way, the situation has cost him mucho dinero, and for the sake of his legacy and her well-being, I really hope he isn't an abuser.

mGrowOld

April 12th, 2017 at 11:07 AM ^

Man the timing of this could not be worse for Lewis.  In less than three weeks his future employer will need to make a decision on selecting him with this hanging over his head which will NOT bode well for his draft status.  NFL teams are super nervous about bringing anybody on board with DM in their past and the fact that this wont get resolved before the draft is going to be a killer for him IMO.

Make no mistake - if he's guilty I dont feel sorry for him in the least.  But if he's innocent the other party did the most damage to him financially they possibly could IMO.

Everyone Murders

April 12th, 2017 at 11:36 AM ^

It's the State of Michigan.  The upside, assuming the assault occurred, is that the laws of the State of Michigan are enforced.

(Don't get me started on businesses that say "we prosecute all shoplifters" and similar rot.  Where do you prosecute people, RiteAid?  Over by the blood pressure monitors?)

ijohnb

April 12th, 2017 at 12:08 PM ^

but in this case, if they don't have a witness, they don't have a case, so it is basically one in the same.  If she were to suddenly forget everything that happened there is no case.  The police report couldn't come in.  Perhaps her statements to the police could get in as an exception but they would not take it to trial with only that.

A domestic violence case is basically the closest thing to a "he v. she" criminal case that you can get.  It is of course still the State of Michigan v. Lewis but without a complaining witness there is almost certainly no case.

In reply to by ijohnb

Year of Revenge II

April 12th, 2017 at 1:54 PM ^

That is why you typically waive preliminary hearings in he said/she said felony cases amongst family members.

By the time the case comes up for trial, the financial realities have begun to sink in, or someone gets laid, and voila..., the incident was not as bad as it was first reported. 

If you had run the prelim while the incident was still fresh and tempers were still hot, the prosecution could introduce the prelim testimony if the witness was not available, or use it to impeach their own witness, or perhaps use it as a sword over her head to testify in conformance therewith or else face criminal charges of her/his own.

The State always has a witness unless the witness does not show, in which case they are in trouble.  The witness may "not remember" when it comes to trial, but the prelim transcript can be used to refesh her or his memory.  Good to have waived the prelim when there is a prospect of these games taking place.

This stuff happens in CSC (criminal sexual conduct) cases all the time.  It is happening right now somewhere in MI as I type this.  

Bottom line here, expect a dismissal or a quick NG verdict.

Perkis-Size Me

April 12th, 2017 at 11:27 AM ^

Yeesh this could not have come at a worse time for him. Not that there's ever a good time for this to happen, but he's got the biggest night of his young life coming up in three weeks time, and he could now easily fall into the later rounds. 

The one thing the NFL has been somewhat consistent on is its stance towards domestic violence. Whether he did it or not, there is still the threat that he did it, and NFL coaches/GMs are going to sit there wondering if they take a chance on him and find out later that he is convicted. Until the verdict is read, he will bring that mood into the locker room, and some may react more harshly than others. 

If he truly is guilty, he deserves to be punished to the fullest extent of the law. But if he truly is innocent, then I feel awful for him. In that situation, the "wrong place, wrong time" mantra will have cost him millions. 

StephenRKass

April 12th, 2017 at 11:39 AM ^

What is guilt in domestic violence? And this is a real question. How is it defined? Striking, punching, kicking, slapping, choking, using some kind of weapon or object to do the same, all clearly seem to be domestic violence. But is domestic violence defined as "any physical contact whatsoever?" Are you allowed to pull someone's hands off you? What does it mean to protect yourself? What does it mean if you are being detained and you physically push your way out? Is that domestic violence?

We would like for justice to be impartial and true and based on facts. But I wonder how "black and white" cases like this usually are. imhe, there is usually blame to go around. I have absolutely no doubt that way, way, way too many men have not been charged, even though they are very guilty of domestic violence. Having said that, it is chilling to realize that a woman can charge someone with domestic violence and you are presumed guilty.

I can think of a situation where someone was woken out of sleep and while waking up, struck out. Domestic violence? I can think of an instance where someone was driving and a woman in the passenger seat was tickling them, resulting in hand being slapped away. Domestic violence?

xtramelanin

April 12th, 2017 at 12:02 PM ^

an an assault is basically defined as the attempt, coupled with the ability, to commit a battery.  a battery (not a 12 volt...) is the 'harmful or offensive touching of another, without their consent'.   for instance an assault might be swinging and missing someone without just cause.  a battery can be something as simple as a pinch on the bottom.

you are allowed the reasonable right of self defense, even if that ends up being wrong (but still reasonable), as long as you respond with an apprpriate level of force.   so if she wacked him one, he can push her away, for instance.  he doesn't need to stand there and be anybody's punching bag. 

StephenRKass

April 12th, 2017 at 12:29 PM ^

Thanks for your answer. I vaguely remember reading that he was woken up late, that he finally got up and went into a closet, that he got dressed, and that he left the apartment. I also had the sense that she attempted to keep him from leaving in various ways, and he fought off those attempts, eventually succeeding in physically leaving. The gray areas for me

  1. Did he deliberately assault/strike her in some way?
  2. What happened when he attempted to leave, and she was in the process of detaining him?

xtramelanin

April 12th, 2017 at 12:56 PM ^

and having tried a zillion of these cases (but with the huge grain of salt that i haven't talked with the witnesses and trials can be crazy things), it looks like he took refuge in the closet and she was the physically aggressive one.  similarly, she is reported to have been the one hanging on to him as he is trying to leave.   so she to be the one who is doing the battering.  remember that 'battery' doesn't mean just slugging or choking someone, it can be any offensive touching.   

and to put it in perspective, what if she was the one who hid in the closet, and then he was the one who was physically restraining her from leaving - that'd be headline news and candidly, a set of facts leading to guilt.   and if he had then called the cops on her, you'd be saying, 'you can't be serious'.

 

incidentally, i hope you have a blessed week.  lots of preaching to do. 

ak47

April 12th, 2017 at 1:01 PM ^

Attitudes like this are why legitimate cases of sexual assault go on unreported. You don't have to assume anything about Lewis, but if your first reaction is to attack her you should rethink your belief system a little bit.

CoverZero

April 12th, 2017 at 12:21 PM ^

This sucks for Jourdan.  Hopefully there is nothing to the alleged incident.  What is strange is how often he had mentioned his girlfriend prior to that alleged incident, in interviews where he gave her credit for keeping his life stable and focused....