Kevin Spacey, NFL, Keith discussed on Jay Talking

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Thursday, I twenty seven. I'm itching. To predict go be no more major snows guys. But I will not do that. Because that is just recipe for disaster. It always knows when I do that. We've talked about this before I was gonna say I think I saw Eric Fisher say he's not ready to do it. So if he's not I don't think you should all right now, we do have to get to the next segment, but first we have Keith and Randolph. Hi, keith. Bradley. Hey, good. Along those talk about along this topic about craft. I just got one word. Atri? It's. Okay. Can you? Unpack. Lord. It have been the owner of the j e t s jets. What did it made the news? Probably if the owner of the dolphins. It might it might not have the Jaguars. I think well what I'm what I'm saying. Is that had it been a lesser team? Then I don't think it would have made the news. I think of any NFL owner had I disagree any NFL. That's news. And the news people are looking for news. And yeah. Any NFL? Just imagine. I can just imagine Goodell wringing his hands. I I got your now I do think there's a lot of hatred out. There are certainly strong dislike penetrates in this. L saying ten million dollars fine and suspend the patriots for sixteen games. All right. Thanks. I appreciate thank you. You might also ask what we have heard about it. If it had happened in New England another thing. Well, it's a it's a it's a legitimate question. We did see the we had a similar arrest relatively minor. Obviously compared to the one down in Florida enor-, well, where they had similar types of activities going on at one of the massage policy. This is not a problem limited to a strip mall in Florida. This is a problem that we have here as well. But you don't in until you have a high profile name like a Robert Kraft or others. There were as a child who was arrested down there. So venture capitalist from this area as well there there there are couple of high profile names there, and those are the ones that attract attention a lot of the names that you see no what you can look at the list, and you say, well, I don't know any name on that. Was there was in fact, a coin thank God, no relation. But I did see names. But but for the most part there as one of the earlier callers said, I think it was Dan, we don't know any of these people, and we don't remember any of these people. It's the big the big names that are famous that we do. And you know, it's it's another interesting question is why are we attracted to these the famous people who fall from grace like this because there is an incredible amount of attention paid to these types of issues when it's a sports star movie star or someone like that beacon movie star Spacey as transient. Give us the the gap of what his charges are what's up with that? He faces felony sex assault charges down in the Cape for having groped a. Teenage boy at the. Bar in the island, and he was charged. I think it was November. So he the person that he allegedly groped is Heather Unruh son who was eighteen at the time and worked as a busboy at the bar, and this type of activity that Kevin Spacey's charged with there have been probably I think the the list is as long as thirty men over the years who had said that he has inappropriately touched them in a similar fashion or made advances of this sort to them, but he's only charged with one offense here, and he was arraigned in January and today was a hearing on some of the motions that Spacey's attorneys have filed to gain access to information that the. Victim may have as well as Lauren forcement with respect to text messages. Snapchat, videos information that would have been exchanged between his civil attorney Mitchell Garabedian in law enforcement. With respect to this activity because what they wanna do is now test the alleged victim's story to see whether it has changed over time. Whether the text messages and videos, and the like support his version that he's now been groped because what they have is a version of the story that says he never talked about inappropriate touching before never complained about it, even to his then girlfriend, and they he was joking about having spent some time drinking with Spacey and the like, so what they wanna do is gather that information and also ultimately use it to try and discredit the story that there was any criminal activity that took place that also trying to argue that this is a cash grab that some of this. Story that is now being generator advanced is done because Kevin Spacey is a movie star who has lots of money. And so this is an an attempt to gain favor in a civil suit by advancing these criminal charges. What would the defense like to see on the phone what they're like to see in there suggesting already to the corden they did in today's hearing is that the video and the text messages has say nothing about inappropriate sexual touching. And instead are joking about him having talked and drank with Spacey that night. And the video that is contained on Snapchat and the like shows no inappropriate touching. And that's what they are hoping to find. And that's what they say. They will find if this information is preserved in shared with the defense with the defendant. If things go south for Spacey what what is he looking at? He's looking at up to five years in jail is a very serious charge. I mean, it's a it's a foul any charge. And so it's quite problematic. And that's why you're seeing the amount of very rigorous defense. This is not going to be treated lightly. You know, you compare it to the last situation is that the Mr. craft this is faces much more serious risk of jail time. And if it's if he's found guilty, he should be concerned, and the criminal suit is only the first step if he's then found guilty that will favor then is the ultimate judgment in the civil suit because the criminal conviction can be used to show that he in fact, did inappropriately touched the victim. And so the civil suit can move more quickly to the damage phase to say, okay? So it did happen. Now, what is the price that should be paid to compensate the victim for his damages in that civil suit? So a criminal conviction carries with it not just the threat of jail time. But also ups the Antion any judgment that the victim would be able to obtain in that civil suit. Why? Isn't punishment and criminal? Proceedings and then punishment in civil suit. Why isn't that? Double punishment. You gonna say double jeopardy where different well because the goal is to separate things. I talked to my students in orientation about this. You know, the goal of a criminal suit is to punish to deter that behavior in the future to protect norms of society. So that we don't have chaos, and and the people follow the law the goal on the other hand of a civil suit is to compensate the victim for any losses. They suffered as a result of that activity to put them back in the position they would have been but for the wrong done to them. And so what we've got a two different objectives. From the two cases. They're brought by two different entities. The government always brings the criminal charges with a civil suit is advanced by the plaintiff victim in if in this type of case and the objective of each is is very different. The ones making whole. Yeah. But in the civil court a portion of the awards, the damages awarded are for example, say you were harmed in you had twenty five thousand dollars worth of hospital beds a portion of the award will be for that. And the an ten times that sometimes we'll be for punitive damages. So then you are getting punished twice. That's actually a little bit of a misconception. Okay. Okay. So on the ninth of being kind. A punitive damages are actually very very rare in Massachusetts, unless it's a wrongful death claim or discrimination claim for the most part, we don't have punitive damages. We have actual damages. So your example about the medical bills. Yes, she would be able to recover your medical bills. You'd also be able to recover your lost wages. You'd also be able to recover your pain and suffering, and those damages would all be compensable, you wouldn't be entitled to collect punitive damages because we don't allow them generally in Massachusetts with some rare exceptions. And what you're you're arguing is is right is when we offer punitive damages in civil cases, we do have to be careful that we're not crossing that line. In fact, you sent me the supreme court's decided a case that that we were crossing the line with the allied award of punitive. Damages or taking the making someone forfeit their vehicle for a relatively modest four hundred dollar offense that you do have to be worried that when you award significant punitive damages in a civil case, you're you're crossing the line into criminal. And when you do by the way, the other part of this to remember with different from civil and criminal. If you are crossing that line, then in criminal cases, we get significantly more protections than we get in civil cases. Right. You get the higher standard of proof. You also generally will have the right to counsel as well. So it's a again, something that we do have to be careful within the court has tried to be to make sure that the punitive damages are not excessive such that. They constitute a a punishment or penalty. That's that's grossly excessive to the the the act committed. Okay. We'll wrap up quickly addressing Manafort Flynn and the teen who. Sue the post for defamation over the confrontation with native American after this on busy. What are you say.

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