Matt Araiza accused of rape, served with a lawsuit.

[Billsatlastin2018]

When you move to a major News story, from a backgrounder Sports story, you are COOKED!

 

And of course, if this story was known PRE DRAFT, Araiza would NEVER have been drafted by the Bills!

 

Or any other NFL team, not named the Cleveland Clowns! 

[Believer]

Good decision to sit Ariaza… Sorry I can’t watch the game here in Sarasota…

[BillsFanSD]

1 minute ago, Buffalo Timmy said:

If they can confirm or not confirm the phone call that would go a long way to determining if this is a money grab. The worst part for Araiza, if he is innocent, is that all these accusations are now  public and almost any response will be reactive. If Araiza is innocent he should push the DA to release the phone call, if it happened. But in a few days you are correct, not much will likely come out 

I don't see the phone call as meaning anything.  The phone call is completely consistent with the story that he had consensual sex with Jane Doe.  That's fine.  

 

I really want to know if Araiza a) drugged her drink and/or b) delivered her to people who he knew were going to rape her.  Those are huge, massive deals that warrant prison time.  Just having consensual sex isn't, even if the girl was 17 and even if Araiza had an STD.

[Simon]

3 minutes ago, Believer said:

This a complete distraction to the team

 

I keep reading this, but I'm not buying it.

Do we think Diggs is going to misread a coverage because he's distracted?

Is Milano going to forget a primary key because he's thinking about the legal system?

These boys are dialed in and the second they step on a field, everything else goes away.

The only people distracted are us.

 

[Solomon Grundy]

2 minutes ago, The Wiz said:

They cut Haack after he had already talked with them about this. 

 

Have a hard time thinking that the coaching staff and management would double down if they didn't think he was being truthful. 

Was he connected to a lie detector 😎

[The Wiz]

1 minute ago, Solomon Grundy said:

Was he connected to a lie detector 😎

I'm assuming Beane was there.  Beane is a wizard so.... close enough I think?

[Delusional Bills Optimist]

35 minutes ago, UKBillFan said:

I wonder what the alleged victim's attorney fascination with Araiza is? There are two others who have been named in the gang rape, who I think have had civil charges brought against them too but not a sound. I can think of three possibilities:

 

1) The attorney is playing off Araiza being a rising 'star' in the NFL for attention

2) He thinks that the DA may not press criminal charges against Araiza, so wants to court public opinion for the civil case, whereas it's looking more likely that the other two will be charged

3) He dislikes Araiza's attorney and that is driving him as much as the case is. The other two defendants have different attorney's

 

Perhaps it's a bit of all three.

 

As a lawyer who prosecutes civil/administrative sex abuse cases against minors (and thus is privy to the frequent companion criminal cases), my thoughts are as follows:

 

1. Of the alleged perpetrators, he is obviously the candidate with the deepest pockets (or at least the highest potential earning capacity at present).  The entity with the deepest pockets in the situation would be the state university. The university no doubt carries a significant insurance policy. It is noteworthy to me that it is not more of a focus, especially if there are allegations that they slow-walked or obfuscated the investigation.  Leads me to believe there must be a big impediment to pursuing a case against it. 
 

2. I infer that there aren’t going to be charges forthcoming against MA, which is interesting because so-called statutory rape is practically a strict liability crime, and the proffering of an affirmative defense doesn’t usually dissuade a prosecutor from levying charges. The accuser’s/victim’s attorney would be in the loop regarding the charging decision, and the likely decision not to charge resulted in the filing of the civil suit. In a case like this, a prosecutor is not going to want to expose their complainant to adverse examination in a civil arena, either at trial or in depositions. You don’t want your witness pinned down under oath in advance of your trial, especially given the much higher criminal burden of proof.

 

3. If the accuser’s attorney was practicing in WNY, he’d be a pariah within the legal community immediately. You don’t ever publicly disclose settlement discussions. They are inadmissible in court for a reason. The ONLY reason you would do that would’ve to prejudice a lay audience, to whom the desire to settle a case usually implies guilt or liability.  Also, the specificity of the allegations are noteworthy to me. Usually, in civil matters, you plead broadly, as it gives you the most leeway when it comes down to proving up your case.  In my experience, when I am drafting an accusatory instrument, if I lather up the allegations more than necessary to provide the defendant with notice of the claims, it’s usually because I am intending to force a resolution short of a trial.  To me, in a contest where money damages are the relief sought, that tells me that the instrument is designed to bring a swift settlement. Just my opinion.

 

Situation is not a good look for the Bills, but there’s only so much the team can do. Hiring an investigator was a solid move. The accuser is not going to be allowed to talk with the team. You gather the information you can and act prudently. There is a lot here that is concerning to me and most of it is driven by the lack of criminal charges and the…unusual…tactics of the woman’s lawyer.
 

If anyone has a copy of the pleadings, I’d love to take a look. Enjoy the game everyone, as best you can with this day’s developments. 

[HappyDays]

5 minutes ago, KDIGGZ said:

From the girls own journal, she met Matt Araiza at a party, was flirting with him, proceeded to have sex with him, doesn't remember what happened but ended up in a room where players were passing her around. Didn't see who they were, doesn't know if Araiza was even there.

 

She also says in that journal that she told people at the party she was a college student. That directly contradicts what is stated in the lawsuit. Releasing images of that journal entry is a really bizarre strategy.

[Dirtbag]

keeping this guy is pure hubris. 

[Simon]

I'm going to lock this thing up for a little while so y'all can let it go and focus on the game for a bit.

[YoloinOhio]

 

[QCity]

2 hours ago, Delusional Bills Optimist said:

 

As a lawyer who prosecutes civil/administrative sex abuse cases against minors (and thus is privy to the frequent companion criminal cases), my thoughts are as follows:

 

1. Of the alleged perpetrators, he is obviously the candidate with the deepest pockets (or at least the highest potential earning capacity at present).  The entity with the deepest pockets in the situation would be the state university. The university no doubt carries a significant insurance policy. It is noteworthy to me that it is not more of a focus, especially if there are allegations that they slow-walked or obfuscated the investigation.  Leads me to believe there must be a big impediment to pursuing a case against it. 
 

2. I infer that there aren’t going to be charges forthcoming against MA, which is interesting because so-called statutory rape is practically a strict liability crime, and the proffering of an affirmative defense doesn’t usually dissuade a prosecutor from levying charges. The accuser’s/victim’s attorney would be in the loop regarding the charging decision, and the likely decision not to charge resulted in the filing of the civil suit. In a case like this, a prosecutor is not going to want to expose their complainant to adverse examination in a civil arena, either at trial or in depositions. You don’t want your witness pinned down under oath in advance of your trial, especially given the much higher criminal burden of proof.

 

3. If the accuser’s attorney was practicing in WNY, he’d be a pariah within the legal community immediately. You don’t ever publicly disclose settlement discussions. They are inadmissible in court for a reason. The ONLY reason you would do that would’ve to prejudice a lay audience, to whom the desire to settle a case usually implies guilt or liability.  Also, the specificity of the allegations are noteworthy to me. Usually, in civil matters, you plead broadly, as it gives you the most leeway when it comes down to proving up your case.  In my experience, when I am drafting an accusatory instrument, if I lather up the allegations more than necessary to provide the defendant with notice of the claims, it’s usually because I am intending to force a resolution short of a trial.  To me, in a contest where money damages are the relief sought, that tells me that the instrument is designed to bring a swift settlement. Just my opinion.

 

Situation is not a good look for the Bills, but there’s only so much the team can do. Hiring an investigator was a solid move. The accuser is not going to be allowed to talk with the team. You gather the information you can and act prudently. There is a lot here that is concerning to me and most of it is driven by the lack of criminal charges and the…unusual…tactics of the woman’s lawyer.
 

If anyone has a copy of the pleadings, I’d love to take a look. Enjoy the game everyone, as best you can with this day’s developments. 

 

Now this is a great post.

[Aussie Joe]

4 minutes ago, QCity said:

 

Now this is a great post.

The best post in this thread by far..

[Beck Water]

2 hours ago, HappyDays said:

 

She also says in that journal that she told people at the party she was a college student. That directly contradicts what is stated in the lawsuit. Releasing images of that journal entry is a really bizarre strategy.

 

Huh?  She wrote that she told him attended "name" which is name of both a HS and a college

 

11 minutes ago, YoloinOhio said:

 

 

How is he gonna achieve that "quickly" part?

Edited August 27, 2022 by Beck Water

[Solomon Grundy]

Why Simon, why??😭

Somebody open a cut prediction thread quick, please

[KDIGGZ]

7 minutes ago, Aussie Joe said:

The best post in this thread by far..

What, a bunch of guys whose only knowledge of the legal system is divorce lawyers and traffic court spewing nonsense for 172 pages over the past day and a half wasn't doing it for you?

[Aurelius]

3 hours ago, Buffalo Timmy said:

If they can confirm or not confirm the phone call that would go a long way to determining if this is a money grab. The worst part for Araiza, if he is innocent, is that all these accusations are now  public and almost any response will be reactive. If Araiza is innocent he should push the DA to release the phone call, if it happened. But in a few days you are correct, not much will likely come out 

I would assume that a phone call where he was tricked into answering questions by detectives on the other line with the accuser, in a civil case, would be nowhere near admissible

even if it did happen.   I’d venture to guess that could even be illegal without the right channels having been followed entering a questioning session by the potential accused.   In no way should judgement be handed down based merely on accusations though.  Lives are ruined that way.  Let it play out. 

Edited August 27, 2022 by Aurelius

[El Guapo]

1 minute ago, KDIGGZ said:

What, a bunch of guys whose only knowledge of the legal system is divorce lawyers and traffic court spewing nonsense for 172 pages over the past day and a half wasn't doing it for you?

I am neither, but I do know some damn fine divorce lawyers that nobody wants to go against (including me).

[Rc2catch]

2 minutes ago, KDIGGZ said:

What, a bunch of guys whose only knowledge of the legal system is divorce lawyers and traffic court spewing nonsense for 172 pages over the past day and a half wasn't doing it for you?

Listen, I spent almost 6 minutes on Google… I think I can pass the California bar exam now. I’m qualified don’t worry 

[BillsShredder83]

9 minutes ago, Beck Water said:

 

Huh?  She wrote that she told him attended "name" which is name of both a HS and a college

 

 

How is he gonna achieve that "quickly" part?

assuming this is a written prepared statement.... which means that verbiage was very intentional. i certainly hope so!