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WR Albert Dukes (official thread)

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Bucknut319 said:
You have to plead guilty or no contest to get any punishment from the court. You cannot plea not guilty, never go to court, and get put on probation. When you take a plea bargain, you are admitting to the charge, even if it is a lesser one than what you were originally charged with. Nobody can walk into court, plead not guilty, never go before a judge, and get put on probation. Trust me, this is what I do for a living.
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First let me say I'm not a lawyer (hence I submit, I probably dont't know what the hell I'm talking about)....Anyways with that disclaimer....I sometime ago (long time ago actually) was "falsely" arrested for a crime I did not commit. At the the hearing a PLEA was arranged where the case was THROWN OUT however I had to pay the court costs. This obviously is a little different than AD situation because I didn't recieve probation or anything. However, it illustrates that I did not plead guilty or not guilty to anything and still had to pay some penalty. Why? I dont know.....

BTW, I sued the sob who got me arrested and won (not a damn $ just my pride - really pissed me off...heck I'm still ticked) and had the file expunged so I'm clean even though I got "dirty"......
 
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I hope Albert learned a valuable lesson. He better be going to church and thanking the big guy upstairs.

Albert Dukes has been compared to Holms and the c oaches have been raving about Dukes. If Dukes is eligible and makes amends he will be another weapon to the reciever corps. Gentlemen its plain scary how many weapons we have on offense.

Ginn
Dukes
Holms
Gonzo
Lyons
Hall

WOW!!!!!!!!!!!! Defensive coordinators are going to be having nightmares.
 
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brutus2002 said:
I hope Albert learned a valuable lesson. He better be going to church and thanking the big guy upstairs.

Albert Dukes has been compared to Holms and the c oaches have been raving about Dukes. If Dukes is eligible and makes amends he will be another weapon to the reciever corps. Gentlemen its plain scary how many weapons we have on offense.

Ginn
Dukes
Holms
Gonzo
Lyons
Hall

WOW!!!!!!!!!!!! Defensive coordinators are going to be having nightmares.
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It's "Holmes".
 
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Bucknut319 said:
Didn't this happen before he ever came to tOSU?
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Yep.
(Or considering the recent turn of events -- maybe something "didn't" happen before he signed a letter of intent).
So, I wish this young man the best in life and a mistake-free future.

I wonder if the lesser charge is sealed - or has it been left a matter of public record?

Bucknut319 offers us all some (factually consistent and correct) education on the law. Despite which I still find it interesting that any charge was pressed once the star witness completely undercut the prosecution case.

As Bucknut319 does this for a living couild he answer this hypothetical ..
Is it plausible that the prosecution used the leverage of time it had over Albert Dukes in order to get him to accept the (presently unclear) lesser charge? Reason for asking, I cannot remember hearing from lawyers of my acquaintance a story in which the center-piece of their case turns 180-degrees against the police and/or prosecution and it does not (eventually) lead to dismissal of the pertinent charges.
Here instead Dukes is reportedly still pleading NC or Guilty to a lesser?
Guess I'm saying the report thus far has missing pieces.
So Bucknut319 -- any comments? Or would you need to learn what was agreed upon to offer an opinion one way or the other.
 
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sandgk said:
Yep.
(Or considering the recent turn of events -- maybe something "didn't" happen before he signed a letter of intent).
So, I wish this young man the best in life and a mistake-free future.

I wonder if the lesser charge is sealed - or has it been left a matter of public record?

Bucknut319 offers us all some (factually consistent and correct) education on the law. Despite which I still find it interesting that any charge was pressed once the star witness completely undercut the prosecution case.

As Bucknut319 does this for a living couild he answer this hypothetical ..
Is it plausible that the prosecution used the leverage of time it had over Albert Dukes in order to get him to accept the (presently unclear) lesser charge? Reason for asking, I cannot remember hearing from lawyers of my acquaintance a story in which the center-piece of their case turns 180-degrees against the police and/or prosecution and it does not (eventually) lead to dismissal of the pertinent charges.
Here instead Dukes is reportedly still pleading NC or Guilty to a lesser?
Guess I'm saying the report thus far has missing pieces.
So Bucknut319 -- any comments? Or would you need to learn what was agreed upon to offer an opinion one way or the other.
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I can only speak for Ohio law, but the matter would be public record UNLESS a juvenile is involved (which is the case here.)
Your lead witness is really important, unless the facts of the case are really strong (which they rarely are in sexual assault cases). As far as the age thing goes, here is what I believe MAY have changed the charge.
OK, ready for this? Each law is written different. For each one there is a stipulation which is called the "Culpable Mental State". They are: Purposely, Knowingly, Recklessly,and Negligently. For what he was originally charged with, it meant that he intended to commit the crime KNOWINGLY. He has stated all along that he believed the girl was older which would change it to negligently...therefore making it less of a charge.

Having said that, we are not sure what the charge even came from. It sounds as though it was something sexual that was consentual...but age became the issue.

So who really knows..??
 
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For most statutory rape laws, there isn't a culpable mental state. It's a strict liability thing. Whether you know or reasonably should have known that a girl is not of the consenting age may be irrelevent. I don't know Florida's law, but Ohio's is a strict liability law.
 
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StadiumDorm said:
For most statutory rape laws, there isn't a culpable mental state. It's a strict liability thing. Whether you know or reasonably should have known that a girl is not of the consenting age may be irrelevent. I don't know Florida's law, but Ohio's is a strict liability law.
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Right, but to help people understand, it is easier to explain culpable mental state. Whether you know or reasonably should know falls into that catagory. If he had no reasonable way of knowing, then that would explain a plea to a lesser charge (especially if it was consentual as we are hearing.)
It would be easier if we knew the details, but let's say that he meets her in an 18 and over bar...she tells him she is 18...and they have consentual sex. He later finds out that she is a lot younger. When charges were filed by her and her mother, details that lead up to the "event" may have been left out. Once those details surfaced, that could have changed the charge and the plea.
 
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BuckeyeNation27 said:
no hes not right. dukes isnt a rapist. im not retarded enough to go around to other schools and call them something they arent.
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I didn't mean he was right about that, I meant he was right in that tOSU fans would be ragging any other program if the situation were the same there.
 
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The real turning point was that we were able to get the mother to come into the prosecutors office on Thursday and convince them that she would not help their case in any way, and that she probably didn't see what she thought she saw.
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Hey HH. WHO was able to get the mother to come to the prosecutor's office? Or should I ask?
 
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