correction regarding the jury instruction yesterday

Received an email this morning from an attorney watching the trial. The charge to the jury did NOT contain that character evidence instruction of the previous post... instead it was a basic Allen charge, aka instruction to break a deadlock. Will advise as more info becomes available.

Schultz trial resumes deliberations tomorrow

10/30/2013 Event Scheduled: Trial Resumed Date: 10/31/2013 Time: 9:30 am Judge: LEIBOVITZ, LYNN Location: Courtroom 202 Happy Halloween, folks.

Quick mid-deliberation update on Schultz

10/30/2013

Jury Notes Filed

Jury Notes Filed @ 10:30 am (Winter Instruction given)

Hmm.  My Google-fu and Westlaw-fu did not turn up anything termed a "Winter Instruction."  But

EDITED:
Edited on October 31 to add: just received an email saying this below is NOT the Winter instruction. What WAS given the jury was a basic Allen charge, aka an instruction to break a deadlock. This was from an attorney watching the trial. I'll post more later today.
a friend in federal practice emailed me the citations.

Excerpt text reads: "Evidence of a defendant's reputation, inconsistent with those traits of character ordinarily involved in the commission of the crime charged, may give rise to a reasonable doubt, since you think it improbable that a person of good character in respect to those traits wold commit such a crime."

U.S. v Pujana-Mena, 949 F.2d 24, 27-32 (2d Cir. 1991); U.S. v. Winter, 663 F.2d 1120, 1147-49 (1st Cir. 1981).

As of 1991, "The District of Columbia Circuit is the only circuit still requiring a “standing alone” instruction in all cases in which a defendant offers character evidence. See United States v. Lewis, 482 F.2d 632, 637 (D.C.Cir.1973)"

But I read Pujana and it seems to go the other way-- like the standalone instruction is NOT required.  I am still reeling and trying to do the legal research, I'll edit and add analysis when I sort out the issue, but I'm getting on a plane this evening so it might be a separate post tomorrow.

"He was a nice boy who went to church. He'd never rape anybody." Case closed!  (From CG)

"Jury acquits man of rape on video tape because he seems like he wouldn't do that" (From RJ)

Will keep you posted.

Maldonado acquitted of all charges.

10/29/2013

Event Resulted - Release Status:

Event Resulted - Release Status: Jury returned a verdict of not guilty as to remaining count. Defendant has no further obligations to the court as it relates to this case. Co-Counsel Ty Kelly AUSA: Peter Taylor Court Reporter: Susan Walker The following event: Trial Resumed scheduled for 10/29/2013 at 9:30 am has been resulted as follows: Result: Trial Held and Completed Judge: LEIBOVITZ, LYNN Location: Courtroom 202 MATTHEW MALDONADO (Defendant (Criminal)); ; Mr RICHARD A FINCI (Attorney) on behalf of MATTHEW MALDONADO (Defendant (Criminal)); Judge LYNN LEIBOVITZ

10/29/2013 Case Disposed - Jury Trial Not Guilty Case Disposed - Jury Trial Not Guilty 10/29/2013 Charge Disposed - Jury Trial Not Guilty Charge Disposed - Jury Trial Not Guilty Charge #5: Sex Abuse- Misd

DANG it.

Jury still deliberating on Schultz.

10/29/2013

Event Resulted - Release Status:

Event Resulted - Release Status: NO BOND. Jury deliberated from 9:40 am to 4:45 no notes submitted on this case. Jury to resume deliberating on tomorrow at 9:35 am. AUSA: Peter Taylor Court Reporter: Susan Walker The following event: Trial Resumed scheduled for 10/29/2013 at 9:30 am has been resulted as follows: Result: Trial In Progress Judge: LEIBOVITZ, LYNN Location: Courtroom 202 NICHOLAS SCHULTZ (Defendant (Criminal)); ; Ms NIKKI U LOTZE (Attorney) on behalf of NICHOLAS SCHULTZ (Defendant (Criminal)); Judge LYNN LEIBOVITZ

I am SICK at heart.  I've heard many theories but without having been there I cannot report any facts.  All I can say is -- the jury was asked to assess the state's evidence against the highest standard of proof namely beyond a reasonable doubt.  A not guilty verdict is a comment on the confidence the jury had that the state proved every element of the offense(s).  It doesn't mean the jury found him innocent.  It doesn't mean the jury said no crime occurred.  It doesn't mean the jury didn't believe the survivor.  Until and if I can speak with the prosecutor, who hopefully gets feedback from the jury when it's all over, I won't know anything useful about WHY the jury felt this was appropriate.

Everyone is asking about transcripts of the trial.  Transcripts cost a LOT of money (the court reporter takes hours to turn her little stenography machine papers into words on a page) and so they don't get prepared for every case.  If you are acquitted the State cannot appeal the verdict and so there will be no transcripts.  If Schultz is convicted and IF he appeals, his defense will get transcripts (either he pays or if he's indigent, the State pays) and then the State gets a copy for a slightly lesser cost.  And then maybe somewhere down the road the transcripts might be publicly available if you pay for copying or can get a courtesy copy *wink*.  So that's the scoop-- transcripts will be a month or two at best.

I've also gotten questions about a sex offender registry.  Here is a link thanks to David Wolf regarding the DC Sex Offender Registry.  And here's the link to the National Dept of Justice Sex Offender Registry.

I'm just sick.

NOT ACQUITTED on ALL COUNTS

Don't believe the misleading gossip please.

EDITED 10/29:  I misread the website on Maldonado; he is facing a lesser-included off the 5th charge, which may or may not mean he's only facing a misdemeanor.  

NICHOLAS SCHULTZ:  Jury returned verdict on almost all counts.  Presumably acquittal but it doesn't say for sure.  Still deliberating on a misdemeanor sexual abuse charge and second degree sexual abuse (see my previous blog post for definition and punishment ranges.)

10/28/2013

Event Resulted - Release Status:

Event Resulted - Release Status: NO BOND. Jury returned verdicts as to all counts at 1:00 pm with the exception of the lesser included to count 4 (now Misd-Sex Abuse) and count 5 remains open for deliberation. Jury instructed to resume deliberation tomorrow at 9:30 on the remaining count. Defense motion to modify bond to personal recognizance is hereby denied by the court. AUSA: Peter Taylor Court Reporter: Susan Walker The following event: Trial Resumed scheduled for 10/28/2013 at 9:30 am has been resulted as follows: Result: Trial In Progress Judge: LEIBOVITZ, LYNN Location: Courtroom 202 NICHOLAS SCHULTZ (Defendant (Criminal)); ; Ms NIKKI U LOTZE (Attorney) on behalf of NICHOLAS SCHULTZ (Defendant (Criminal)); Judge LYNN LEIBOVITZ

04/02/2013	Charge Filed	Charge Filed Charge #5: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #4: First Degree Sex Abuse- Force With Aggravating Circumstances

MATTHEW MALDONADO:  Jury came back with verdicts on all but one charge, presumably not guilty, and he was released on personal recognizance bond.  Jury will continue deliberating on second degree sexual abuse tomorrow morning.

10/28/2013

Event Resulted - Release Status:

Event Resulted - Release Status: PR PSA. Jury returned verdicts as to all counts at 1:00 pm with the exception of the lesser included to count 5 remains open for deliberation. Jury instructed to resume deliberation tomorrow at 9:30 on the remaining count. Defense motion to modify bond to personal recognizance is hereby granted by the court. AUSA: Peter Taylor Court Reporter: Susan Walker The following event: Trial Resumed scheduled for 10/28/2013 at 9:30 am has been resulted as follows: Result: Trial In Progress Judge: LEIBOVITZ, LYNN Location: Courtroom 202 MATTHEW MALDONADO (Defendant (Criminal)); ; Mr RICHARD A FINCI (Attorney) on behalf of MATTHEW MALDONADO (Defendant (Criminal)); Judge LYNN LEIBOVITZ

04/02/2013

Charge Filed

Charge Filed Charge #5: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances

Look.  Ninety-nine percent of what you're reading on sherdog, underground, facebook etc is boolsheet.  It's propaganda from the families or friends of the defendants who don't know how to interpret or understand what they hear, are told, etc.

Prosecutors charge every which way they can think of to capture the possible interpretations of what happened.  Why?  So that what happened to Lloyd Irvin doesn't happen to them!  So that a jury can't let someone go for "attempting" something if they don't think he actually could get it up.  So here you see a variety of different phrasings -- was it rape by force? rape by intentionally getting her drunk? rape by taking advantage when she was drunk but you didn't get her drunk? etc etc.  Some of these charges are mutually exclusive with others.  Either he got her drunk or she was drunk already but you can't have both, see? so:

STOP FREAKING OUT THAT SOME CHARGES WERE ACQUITTED.  (That's fine! not the end of the story!)

STOP FREAKING OUT IN GENERAL.

AND STOP BELIEVING WHAT IDIOTS OR EVEN SMART PEOPLE LIKE ME SAY... what is REAL is what is on the DCCourts.gov website.  And if you don't read everything carefully you will misunderstand and run around like a chicken with your head cut off screaming THE SKY IS FALLING THEY WERE ACQUITTED. 

JUST CHILL.

(and to all the Maldonado supporters like Jarjar Binks et al who are writing such nasty stuff to me-- STFU, I'm not publishing any of your comments.)

Maldonado and Schultz's charges and possible sentence ranges

I was originally told  that Maldonado and Schultz were charged with nineteen counts of criminal activity.  I was told at the time that the court website stops at eleven charges, but that is what each defendant's page appears to reflect, and that seems a little odd to me, so let's underestimate rather than overstate.

On Maldonado's case status page at DCCourts.gov you'll see that one charge was filed on the arrest date and eleven more at the indictment making a total of twelve.  It's possible that Charge 9 is a duplicate of the arrest charge-- you can't tell unless you are looking at the actual indictment because it could be alleging different facts, making it two separate charges of the same illegal activity-- but whatever, it's either eleven or twelve charges against Matthew Maldonado.

04/02/2013	Charge Filed	Charge Filed Charge #11: Robbery
04/02/2013	Charge Filed	Charge Filed Charge #10: Attempted Aggravated Aslt Knowingly Grave Risk
04/02/2013	Charge Filed	Charge Filed Charge #9: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #8: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #7: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #6: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #5: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #4: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #3: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #2: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #1: Kidnapping

01/05/2013

Charge Filed

Charge Filed Charge #1: Second Degree Sex Abuse- Incompetent

Nicholas Schultz's page reflects the same charges:

04/02/2013	Charge Filed	Charge Filed Charge #11: Robbery
04/02/2013	Charge Filed	Charge Filed Charge #10: Attempted Aggravated Aslt Knowingly Grave Risk
04/02/2013	Charge Filed	Charge Filed Charge #9: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #8: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #7: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #6: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #5: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #4: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #3: Second Degree Sex Abuse- Incompetent With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #2: First Degree Sex Abuse- Force With Aggravating Circumstances
04/02/2013	Charge Filed	Charge Filed Charge #1: Kidnapping

01/05/2013

Charge Filed

Charge Filed Charge #1: Second Degree Sex Abuse- Incompetent

This is what I was told:

Although the court's website shows eleven felony counts, the indictment actually contains nineteen separate counts– mostly sex offenses, both as principal and as an aider and abettor – but also on kidnapping, robbery and attempted aggravated assault for leaving her lying there on that cold concrete floor.  I'm told by a court official that perhaps the website maxes out at eleven, but nineteen is the real count.

From what I know, there was a plea offer on the table which is "wired" i.e. both guys have to take it or neither can take it.   The offer is that both plead to one count of second degree sexual abuse and agree to a Rule 11(e)(1)(C) sentence of a number of years in prison, some years above the top of the sentencing guidelines for second degree sexual abuse, but some years below the minimum for a first degree sexual abuse conviction under the guidelines (set out below).  This case is charged under D.C. law and is venued in D.C.’s Superior Court.  Rule 11 under D.C.’s rules is basically identical to federal Rule 11, meaning that the terms of a plea under Rule 11 has to be approved by the judge, who also “signs on” to such a plea.  Obviously we're past a plea deal now!

So here is some additional information on the law of rape in D.C.  I got the following from Westlaw, an online legal research service that includes the text of the statutes and laws of Washington DC, and a local attorney's website, Koehler Law.

There are four different “degrees” (levels of seriousness) for the crime of sexual abuse in Washington, DC.  This is in addition to a misdemeanor charge and separate charges related to sexual abuse and children.  There are also separate evidentiary rules for dealing with potential victims of sexual abuse.

While it is a valid defense that the victim consented to the sexual act, the defense has the burden of proving consent by a preponderance of the evidence (that is, more likely than not).  The requirement in D.C. for independent corroboration of a sexual act was abolished for women in 1976 and for members of both genders in 1985.

The D.C. Code defines “sexual act” as:  (1) the penetration, however slight, of the anus or vulva of another by a penis, (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus, or (3) the penetration, however, slight, of the anus or vulva by a hand or finger or by any object, with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

“Sexual contact” is defined as the “touching with any clothed or unclothed body part or any object, either directly or indirectly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of another person.”  D.C. Criminal Code 22-3001.

First Degree Sexual Abuse

There are two elements to the crime of 1^st degree sexual abuse in Washington, D.C.  The first element is the requirement that the person either engage another person in a sexual act or cause the other person to engage in or submit to a sexual act.  This element is pretty self-explanatory.

The second element addresses the means by which the sexual act is committed.  It could be by using actual force against the other person.  It could be by threatening the person or by putting the other person in reasonable fear that if the person does submit, another person would be subjected to death, bodily injury or kidnapping.  This would cover, for example, threats that a family member could be seriously injured if the person did not submit.  Finally, covering the so-called crime of “date rape,” it could be by rendering the other person unconscious or by administering to that person – either by force or without the person’s knowledge — some type of intoxicant that would substantially impair the people’s ability to appraise or control his/her conduct. (I put that bit in bold because it's an important distinction between first and second degree...)

A person found guilty of first degree sexual abuse in D.C. can fined up to $250,000 and sentenced to up to 30 years imprisonment.  If the prosecution can prove certain aggravating circumstances (for example, that the victim sustained serious bodily injury as a result of the offense), the defendant can be given a life sentence.  D.C. Criminal Code 22-2002; D.C. Criminal Code 22-3020.

Second Degree Sexual Abuse

The first element of 2^nd Degree Sexual Abuse in Washington, DC is identical to the first element of 1^st Degree Sexual Abuse; namely, that the offender either engages another person in a sexual act or causes the other person to engage in or submit to a sexual act.

Where the two offenses differ is with respect to the second element.  Specifically, a finding of second degree sexual abuse requires the prosecution to prove that the offender threatened or put the other person in reasonable fear or that the offender knew or should have known that the other person was incapable of either appraising the nature of the conduct, declining participation in the sexual act, or communicating an unwillingness to engage in the act.  [This, I think, is most relevant in the NYE rapes.]

The difference between 1^st and 2^nd degree sexual abuse with respect to this last element is that, in 1^st degree, the offender needs to have actually participated in rendering the person unconscious.  In 2^nd degree sexual abuse, the offender need merely to have taken advantage of a person who is already unconscious.

The penalty for a person convicted of 2^nd degree sexual abuse is a maximum fine of $200,000 and imprisonment for up to 20 years.  D.C. Criminal Code 22-3003.

Third Degree/Fourth Degree Sexual Abuse

While the 1^st and 2^nd degree offenses address a sexual act (penetration, for example), sexual abuse of the 3^rd and 4^th degrees address sexual contact (for example, inappropriate touching).  The difference between the 3^rd and 4^th degree offenses is then the same as the difference between the 1^st and 2^nd degrees.  That is, 3^rd degree involves actual force, threats putting the person in fear of death, bodily injury or kidnapping, or rendering the person unconscious.  The 4^th degree offense involves reasonable fear of any type of injury or a victim who is already unconscious.

The penalty for someone convicted of 3^rd degree sexual abuse is a maximum fine of $100,000 and up to 10 years imprisonment.  The penalty for 4^th degree sexual abuse is a maximum fine of $50,000 and a maximum sentence of 5 years.  D.C. Criminal Code 22-3004; D.C. Criminal Code 22-3005.

Misdemeanor Sexual Abuse

A person can be convicted of misdemeanor sexual abuse if the person engages in either a sexual act or sexual contact with another person when the offender should have known that he or she did not have the other person’s permission. The penalty for this offense is a maximum fine of $1000 and no more than 180 days in jail.  D.C. Criminal Code 22-3006.

No verdict yet.

10/25/2013

Event Scheduled

Event Scheduled Event: Trial Resumed Date: 10/28/2013 Time: 9:30 am Judge: LEIBOVITZ, LYNN Location: Courtroom 202

I wouldn't worry yet.  Deliberations resume Monday morning.  I hear lots of people stressing over how long it's taking... but remember they barely got the case before they recessed that first day and might have needed to get to the next day to even pick a foreperson.

There's two defendants, not just one, so each state's witness had two batches/sets of cross examinations (two different sets of defense lawyers).  I think about twelve charges per defendant (correct me if I am mis-remembering.)  And juries like making charts.  That's a lot of charts!  Plus we know two notes from the jury already meaning they are possibly disputing their recollection of testimony, and getting testimony read back by the court reporter takes time.

I'm not stressed about this.  It's NOT as simple as "hey there's two videos, why not a guilty in ten seconds."  I'm delighted when juries take their time.  I want a very well-reasoned, well-debated verdict.

Have a good weekend.

Maggiano's Spinach Salad

Here's my dupe of the spinach salad at Maggiano's, except I add fried chicken to it for some protein.  You could saute the chicken instead, without the batter (though it is gluten free) or you could add shrimp or chickpeas as an alternative.  Enjoy!

Baby spinach & kale

Balsamic vinaigrette

Boneless skinless chicken breasts- one will be enough for two people

Red onion

Red and yellow bell pepper

Pine nuts

Bacon-- about a slice per person, more according to taste

Gluten-free batter mix

Garlic powder

Paprika

Oregano

Parsley

Salt & freshly ground black pepper

Canola oil

1/2 cup milk or half and half

1. Put the spinach in a bowl with the dressing, stir it up so that the spinach is all covered with dressing before you even start adding stuff.  Chill while you're finishing the rest.

2. Chop up a couple slices of bacon into small pieces and fry them up in a pan until they're crispy; put them on a plate with a paper towel but leave the bacon fat in the pan.

3. Mince red onion about 1/4" pieces and put that in the pan with the bacon grease and sauté until they're soft and translucent.  Drain on a paper towel, leaving the fat in the pan still.

4. Chop up some red/yellow bell pepper into approximately 1/2" pieces and sauté that in the bacon grease just a little bit.  Don't cook all the way to tenderness, you still want some crunch.  Drain on paper towel and clean out the pan.

5. For the chicken you want to use gluten-free batter mix- I get it in the grocery store- and you add to that some garlic powder, paprika, parsley, oregano, maybe a little salt and pepper.  Stir that up and have about 1/2 cup in a shallow bowl or pie plate.  Pour milk or half and half into another shallow bowl/pie plate.

6. Cut up some boneless skinless chicken breasts into tender-sized strips, and dip into milk or half-and-half then pat them into the gluten-free batter mix until well-covered.  Fry the chicken in 1 Tbsp canola oil until both sides are nice and peanut-butter brown.  Drain on paper towel and repeat till you have used up all your chicken.

7.  Clean out the pan and lightly toast your pine nuts over low-medium heat, shaking the pan frequently and keeping a close eye on them because they go from blonde to burnt easily. 

8.  Toss the onion, pepper, bacon and pine nuts with the chilled dressed greens, and strew sliced chicken over the top.  Enjoy :)

During deliberations...

Deliberations are still taking place in the Maldonado/Shultz rape trial, and that the jury has sent out two notes (which usually means requests to have portions of testimony read back, which can only happen when there is a dispute as to what was said, i.e. not just "we want to hear it again.")

The DCCourts.gov website indicates that those notes were filed (with the clerk of the court, presumably) at 12:36 and 1:06pm ET.  And I see a notation that deliberations were paused at 4:45pm ET to continue tomorrow, Friday the 25th.

I will continue to update as I get anything new.

Jury deliberating in the Maldonado/Shultz rape trial!!

From a friend:

 

"Just wanted to let you know that I was at the trial last week when the victim testified, and she did great. She was polite and answered all of the questions on cross, but she did not let the multiple defense attorneys (who are women, might I add) bully her around. I went with some [name of academy] people. 

 

[I also went with a friend] who is a defense attorney and also a former prosecutor (not associated with this case) and they said [the survivor] "presented very well". Apparently Nick [Shultz] did testify earlier this week, and that same defense attorney friend said that he came off very poorly, so there's that.

 

Nyjah did testify, though I wasn't there for that. Apparently she looked like an idiot, and I was told that she did nothing to help the defense. The jury is in deliberation as of this afternoon, and I am going to try and be there tomorrow in case a verdict is read."

 

Also from a different friend:

 

"Ohhh she [the survivor] dropped the dime about Lloyd paying for the defense attorneys.

 

'Defense atty: So, you consider Lloyd to be a friend? you consider him to be someone who was supporting you?

 

Survivor: Well, I did, until I found out that he was paying for the defense attorneys.' 

 

And from [the defense attorney's] reaction, it was obvious that yeah, he was paying for them."

 

WOOT.  Stay tuned and let's hope for great news tomorrow.

Trial update, and toreando pass counter

I believe the Maldonado Shultz trial continues today and it sounds like Shultz will be testifying on Tuesday.  I continue to get a couple barely-literate pro-defense pro-rape-culture comments here and there on the blog, which I decline to publish .... because I can.  I'll keep you posted.

Here's Jeff Glover with a toreando counter... I continue to work on my passing skills though I'm not training super much these days.  Just feeling like laying low and focusing on work and home stuff.



Have a good week ;)

How many people watched video of a teammate being raped and DID NOTHING?

That's my big question, as I await results in the DC trial against Maldonado and Shultz for the NYE rape of their teammate....

Here's what I know so far, and then you'll know what my opinion is without me even needing to say it...

This is a screen shot of the docket, sorry, I'm so bad at resizing things properly.   You can see the rest of the docket if you go to www.dccourts.gov and under Superior Court, click on criminal.  On the far right then you will see "Court cases online"-- click on that, and then click on "search cases" and enter Matthew Maldonado (below) or Nicholas Shultz.

But as of today, the government is continuing to put on their case in chief (i.e. their initial go-round of evidence as opposed to a rebuttal case, which would be countering the defense evidence.)  It looks like the defense is at least planning on calling Nyjah Easton and "Master" Donnie, as well as some doctors/shrink type people.  The defense argued a motion to keep the survivor from testifying, but lost, and I believe she has already testified or may be continuing in her testimony today.

I am talking with people who have friends watching the trial-- again that attenuated link chain-- and I'm told that the cell phone footage Matthew took and shared around at the Jungle House afterwards was very persuasive and made it clear she was not consenting.  I did hear from more than one source that she can be heard saying "no" and "don't" and "stop"  (and no, for the clowns in the peanut gallery-- not "Don't stop!")

But that's the root of my rant today.

That cell phone video was (I'm told by many) shown around at the Jungle House afterwards.

HOW MANY PEOPLE WATCHED A RAPE ON A TEAMMATE'S CELL PHONE AND DID NOTHING ABOUT IT?

HOW MANY PEOPLE WATCHED A RAPE ON A TEAMMATE'S CELL PHONE AND DID NOTHING ABOUT IT?

HOW MANY PEOPLE WATCHED A RAPE ON A TEAMMATE'S CELL PHONE AND DID NOTHING ABOUT IT?

HOW MANY PEOPLE WATCHED A RAPE ON A TEAMMATE'S CELL PHONE AND DID NOTHING ABOUT IT?

Update on Maldonado/Shultz rape trial...

I don't have any hard news or quotable sources, but....

I'm told by friends, who have friends either in attendance or with connections to people in attendance (yes, quite the attenuated chain there) that :

-- trial was held Monday-Thursday of this week, is in recess for the 3-day weekend, and will resume on Tuesday

-- I hear that the jury watched and heard the video from Maldonado's cell phone, as well as the surveillance footage from the garage camera...

-- I hear the survivor will testify, possibly on Tuesday

-- to me this means that IF the defense wants to present any evidence in their defense (which, under the Constitution, is not required and they are presumed to be innocent unless the State overcomes this with evidence of guilt beyond a reasonable doubt) it would happen possibly as early as next Tuesday, and perhaps the guilt-innocence trial will be finished next week?

I'll try to get better sources/quotable professional journalism next week!  Sorry!

news coverage on the NYE rape trial so far....

http://www.wjla.com/articles/2013/10/matthew-maldonado-nicholas-schultz-on-trial-for-allegedly-sexually-abusing-fellow-mma-teammate-95045.html

How to attend the Maldonado/Shultz rape trial:

The rape trial is public and open to anyone to attend.

The judge is Lynn Leibovitz. Court room 202 at 9:30am. Monday they will be picking the jury.

It's in the Superior Court of Washington DC, 500 Indiana Ave NW, Washington DC.

Details can be found on www.dccourts.gov by searching either of the defendants' names, Matthew Maldonado or Nicholas Shultz.

The rape trial of Matthew Maldonado and Nicholas Shultz, October 7

Next Monday, October 7, the trial of Matthew Maldonado and Nicholas Shultz begins in Washington DC.

Couple links to refresh your recollection... here's the local ABC channel report.

Fight Opinion's piece with lengthy quotes from what I believe was the arrest warrant.

A brief Bloody Elbow piece on the indictment with a link to their full story stream.

Cage Potato.

And a Washington Times article.

Sadly because of the recent deaths in my family, travel and work pressures, I will not be able to be there with the survivor and her family as they go through this process.  But I do understand that the defense plans on presenting a vigorous attack and will likely claim either that she consented or that the guys could not have known she was not consenting.  I'm not going to go into further detail here because the jury may not be sequestered so who knows what googling they're going to do.

In any case, I will try to keep you updated with whatever information I'm able to gather, from people there and so on.

I wish the survivor all the peace, strength and courage of her convictions possible.  Best wishes to you honey.