Recruiting Forum: Football Talk XI

#10,751
#10,751
PassedOutAwake said:
@Tennessean BREAKING: Attorneys:James Franklin contacted victim in Vandy rape case http://tnne.ws/1iEeEaH
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Penn state:

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#10,752
#10,752
CABVOL said:
Can someone please post a mobile-friendly link? Thanks.
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Here's the article...


Defense attorneys for a former Vanderbilt University football player charged with rape filed a scorched-earth motion Tuesday asking a judge to dismiss the case or reprimand prosecutors for destroying or failing to preserve evidence.

In a detailed, 24-page filing, the defense team for Brandon Vandenburg wrote that "crucial and material information to the defense of VANDENBURG was destroyed or not preserved."

Story: Feds investigate sex assaults at Vanderbilt University

Story: James Franklin calls allegation on Buzzfeed 'baseless'

Vandenburg is one of four former players each charged with five counts of aggravated rape in what police said was an assault on a 21-year-old female student in Vandenburg's Gillette Hall dorm room on June 23.

The defense said evidence provided through discovery included disks with empty file folders and video surveillance in which 55 percent of what was filmed on 14 campus cameras has been deleted.

The filing also includes a new allegation about interactions between the alleged victim and former head football coach James Franklin and former director of performance enhancement Dwight Galt — both now at Penn State University.

Referring to records, the attorneys said the victim was contacted by Franklin and Galt during a medical examination four days after the rape to explain "that they cared about her because she assisted them with recruiting."

It went on to say that at some point, "Coach Franklin called her in for a private meeting and told her he wanted her to get fifteen pretty girls together and form a team to assist with the recruiting even though he knew it was against the rules. He added that all the other colleges did it."

Gail Kerr: Much about Vanderbilt rape case remains a mystery

Story: Much of Vanderbilt rape case remains a secret

Vanderbilt and Penn State did not immediately respond to requests for comment.

Reached by cellphone Tuesday, Franklin repeatedly said he was "not interested in talking." He declined an offer to hear the allegations.

Among the missing evidence, lawyers said, are:

• the majority of more than 27,000 messages and 220 calls on the alleged victim's phone, of which just 47 calls or texts were provided to the defense;

• text messages between Vandenburg and the alleged victim, as well as between him and former wide receiver Chris Boyd and co-defendant Cory Batey;

• text messages and phone records from three team staff members — former head coach James Franklin, former director of performance enhancement Dwight Galt, and associate director of athletics Kevin Colon;

• texts and social media posts from players and the victim's friends;

• police interview records with a close acquaintance of the alleged victim;

• DNA test results from another man;

• an interview with the girlfriend of former starting quarterback Austyn Carta Samuels; and

• other police notes and medical records.

Story: Four former Vanderbilt football players charged in rape of unconscious woman

"In this case, the justice system, thru the prosecutor's office and its prosecutors and detectives, has tainted that fairness and due process standard," Vandenburg's lawyers wrote. "At the core of this argument is Defendant's inability to have a fair trial and put forth a defense."

Susan Niland, spokeswoman for the district attorney's office, could not immediately be reached. The office has denied previous accusations that prosecutors have erred.

The filing describes other evidence that is referred to in records but not provided to the defense, including conversations that attorneys said the alleged victim had with university staff, and text messages and social media postings she made just before interviewing with detectives.

Attorneys said the alleged victim and a friend may have destroyed pictures and text messages from around the time of the alleged rape.

Vandenburg, from Indio, Calif., is charged along with Cory Batey, of Nashville; Brandon Eric Banks, from Brandywine, Md.; and Jaborian McKenzie, from Woodville, Miss.,on five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg also is charged with one count of unlawful photography and tampering with evidence.

Former Vanderbilt wide receiver Chris Boyd, 21, of Roswell, Ga., has pleaded guilty to an attempted cover-up of the rape in return for testimony against his former teammates.

Miles Finley, 20, of Bermuda Dunes, Calif., and Joseph Quinzio, 20, of Palm Desert, Calif., are charged with tampering with evidence.

Reach Tony Gonzalez at 615-259-8089 or on Twitter @tgonzalez.
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#10,758
#10,758
ChattaTNVol said:
Funny you should say that; he's done it before.

2011 MTSU 23/32 71.9%
2012 Alabama 3/4 75%
2012 Vanderbilt 8/11 72.7%
2013 APSU 11/13 84.6%

Those 4 games he had 4 TDs to only 1 Int. - so there's that too.

:)
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The min for stat counting is 20 attempts. He only did it once against a scrub team with da'Rick. Our group right now is more hype than anything.
 
#10,759
#10,759
volssam said:
State Pen Litany of Lyin
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I almost feel bad for the penn state fans. The AD should have done due diligence in this, but Vandy did so much to squash any news of this that I doubt most people in formerly happy valley ever even heard about it much. Sucks for them.

Edit: just so nobody questions me. I feel bad for the average fans, only. I hope Franklin gets some shower room lovin' in jail, and the psu ad can suffer for their stupidity too.
 
#10,763
#10,763
jman9865 said:
I almost feel bad for the penn state fans. The AD should have done due diligence in this, but Vandy did so much to squash any news of this that I doubt most people in formerly happy valley ever even heard about it much. Sucks for them.

Edit: just so nobody questions me. I feel bad for the average fans, only. I hope Franklin gets some shower room lovin' in jail, and the psu ad can suffer for their stupidity too.
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On the heels of the Jerry Sandusky scandal that rocked the university, Penn State officials were questioned about Franklin’s connection with the Vanderbilt case at Franklin’s introductory press conference in early January. There, Penn State President Rodney Erickson described the vetting process as “the most thorough ... that any individual has gone through at the university.”

Erickson and Director of Athletics Dave Joyner said Penn State performed a deep background search on Franklin and asked intense interview questions of “multiple, independent, third-party sources.” What they found satisfied them and the other members of Penn State’s search committee tasked with finding a new coach.

Meanwhile, Penn State athletics integrity officer Julie Del Giorno, Vice President and General Counsel Steve Dunham, and Frank Guadagnino, a partner with the Pittsburgh firm of Reed Smith and counsel to the university, were part of the vetting process. Erickson said NCAA-appointed athletics integrity monitor George Mitchell’s team was consulted.

“I’ve responded to some people who’ve said, ‘I sure hope you’ve done your due diligence,” Joyner said in early January. “And I’ve told them, ‘Trust me. We have done a very thorough vetting of this and we feel comfortable with the situation.’ We’re very, very careful and very methodical about doing that.”

Still, Penn State officials and Franklin himself acknowledged the coach still could be called to testify when the trial begins.
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Read more here: Report: Attorneys say Franklin contacted alleged victim in Vanderbilt sexual assault case | Penn State | CentreDaily.com
 
#10,769
#10,769
volssam said:
Anybody wanna donate a ticket to the Oklahoma, UGA, and Carolina games to a good cause?.....
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I like Romo but it sounds like he is a bad luck charm to every team he cheers for. He needs to stay away from each teams game so maybe they can win a game. Of course, he can't stay away from the Cowboys games for obvious reasons.:p
 
#10,774
#10,774
Bruce Wayne said:
Calling the Volnation lawyers to explain legal ramifications.
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You have to remember that the allegation is made in a motion filed by defense attorneys. It isn't necessarily true until a hearing is set and proof is presented under oath. Franklin shouldn't have contacted the victim, but I don't believe it to be illegal unless he somehow coerced or influenced her to say something different.

As a defense attorney, many lay people fail to realize that missing discovery or withholding evidence happens. Now, I am not going to say it happens alot because good prosecutors don't do it. But, it happens. However, it is one thing to accuse the State from destroying evidence, and it is another that they intentionally did it. You have to realize that in my line of work, we receive cases with facts that are against us- just the nature of the job. It wouldn't be a criminal case without "bad facts." Defense attorneys use motions and other tools to create leverage in a case to try to create doubt in the State's case or to try to settle. JMO.
 
#10,775
#10,775
Regarding the QB debate the O&W game was eye-opening, imo. Worley, Dobbs, and yes, Peterman all showed huge improvements. Ferguson disappointed - no way around that.

I realize Fergy has been reported as 'having the arm' but then Dobbs one the skills competition and looked fine. Worley was pretty bad at the skills competition but Worley much like Dobbs last year has shown that at times he does have a fine arm. Judging from Worley's time as a backup, I think last year was just a step backwards for him but he'd previously shown a pretty good arm.

I think Fergy has a lot more growing/learning to do before he'll make. Could happen before/during summer/fall but it may not.

Going only by right now:
Worley/Dobbs are too close to call (I could make arguments for starting either).
Peterman-Fergy (Peterman seems slightly ahead mainly because of maturity/experience and has thrown some fantastic passes all spring despite getting no real press for it).

That said I'm not sure Peterman will ever get a fair shake despite his improvement and he's the only one I think who is in that position. Even if he suddenly beat out everyone it would be a huge risk for coaches to start him given the fan base has written him off. If he got the start and slipped up the beating they'd take in the press and from fans would be unreal.

Lotta way to go before summer/fall but that is where I see them right now. Gonna be a tight race between the Worley-Dobbs-Fergy when practice starts again.
 
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