Lawyer says case against Broncos’ Marshall will be resolved soon

[Kaylore]

Lawyer says case against Broncos’ Marshall will be resolved soon

http://www.rockymountainnews.com/drmn/nfl/article/0,2777,DRMN_23918_5491705,00.html

By Associated Press
April 18, 2007
CASTLE ROCK — A false imprisonment case against Denver Broncos wide receiver Brandon Marshall could be resolved soon in Marshall’s favor, his attorney said Wednesday.

Marshall was arrested last month after a woman who identified herself as his girlfriend said Marshall had used his vehicle to block her taxi as she tried to leave after an argument at his home in the Highlands Ranch development south of Denver.

"I think we’ll have the case resolved very quickly — in a favorable fashion," Marshall’s attorney, Harvey Steinberg, said after a status conference Wednesday.

Marshall is free on a personal recognizance bond. He attended Wednesday’s court conference but said nothing, sitting in the back of the courtroom while Steinberg conferred with Douglas County District Court Judge Michelle Marker.

Steinberg said a trial was scheduled for June 7. False imprisonment is a misdemeanor and carries a penalty range of three months to a year in jail.

In a police report, the woman told investigators that Marshall followed her taxi through an apartment complex then blocked its path with his burgundy-colored Charger. He jumped out, ran toward the taxi’s passenger window, punching it and calling the woman names, according to the report.

Marshall denied hitting the window and told officers he was trying to get his cell phone back, the report said. He said he’d loaned it to her because her cell phone was being repaired.

The driver of the taxi reversed the car and managed to get around Marshall’s vehicle, the report said.

[Kaylore]

Looks pretty mild and he'll probably win as the cap driver just drove around him. Some of the hysterics from that other thread where people were accusing him of being a horrible person are pretty funny in hindsight.

[Mediator12]

Looks pretty mild and he'll probably win as the cap driver just drove around him. Some of the hysterics from that other thread where people were accusing him of being a horrible person are pretty funny in hindsight.

I learned a long time ago it is irrational to judge someone from another's indirect statements. That goes triple for any legal document or posturing.

I just want to be the guy who gets to hear the truth about what went down with these guys and help prevent it from happening in the first place. Soon, I may get that chance ;D

[Billy Clyde Puckett]

Hope you get the chance Med. I am a hard liner on these incidents but I know a few get blown way out of proportion. I hope this case falls in that group.

[BroncoBuff]

False imprisonment, at least under California law, pertains to people, not automobiles.

[snowspot66]

I can't see the false imprisonment sticking if he was able to easily drive around him. A jackass who blocks you in a parking spot at the mall is worse than that.

[-Slap-]

Looks pretty mild and he'll probably win as the cap driver just drove around him. Some of the hysterics from that other thread where people were accusing him of being a horrible person are pretty funny in hindsight.

I think most people were accusing him of intense stupidity, which is a very apt description of behavior that afternoon.

[Bob's your Information Minister]

He's no Larry Johnson.

[bronco610]

No, he's better than lj. And your a welcher.

[SureShot]

Looks pretty mild and he'll probably win as the cap driver just drove around him. Some of the hysterics from that other thread where people were accusing him of being a horrible person are pretty funny in hindsight.

I think he just said domestic violence is funny! Get him!:~ohyah!:

[SoCalBronco]

He's no Larry Johnson.

Agreed. Brandon doesn't seem like a jerk and he also doesn't seem like an out and out bigot.

[Bob's your Information Minister]

Agreed. Brandon could learn from LJ, model citizen of the great town of Kansas City.

Agreed.

[Drek]

I still say he's a punk for not being able to handle his buisness. How many of you dude's have the cops come by when you have an argument with your woman?* It's funny the low standard we place on athlete's.


* hint- if so, be a man and find another woman.

Never, but I've had the cops come by on more than one occasion when just minding my own business. Thats the profiling we get to live with under the patriot act. FYI, eight college students between two apartments in a building on High St. draws a lot of police attention.

[Atlas]

I can't see the false imprisonment sticking if he was able to easily drive around him. A jackass who blocks you in a parking spot at the mall is worse than that.


Didn't the false imprisonment charge result from him not letting her out of his apartment or something?

Whatever I hope he dumped her. Man, these guys need to find some nice girls get married and stop hoing around. Either that or just turn gay. Hell, you never her about gay athletes getting in trouble.

[BroncoBuff]

Isn't there somebody who can help me out of this closet? If I could just admit that I'm a Broncos fan ... I could start the long overdue process of growing up, moving out of Mom's basement, getting a real job, etc. Won't anyone reach out to a fan in the closet? I know that in my case, one closet opens into another into another and on and on, but at some point I'll emerge into society - if only one of you would reach out to give me a hand ... ?

Can't help you there Clayton.

[Bronco_Beerslug]

I think most people were accusing him of intense stupidity, which is a very apt description of behavior that afternoon.Exactly! Boxing in her escape route with his auto was pretty stupid, especially with a third party involved.

[BroncoBuff]

Setting a trial date is a bad sign, in California anyway. Regardless, I remain categorically in denial that the crime "false imprisonment" applies in any way to the facts as we know them. The following is a general definition - remember, every word is narrowly and specifically (anally if you prefer) defined and applied:

False Imprisonment
False imprisonment involves the total physical confinement of a person against their will for a significant period of time (however short). The use of physical contact or force is not necessary for a situation to be considered false imprisonment. Any threat or use of authority, which confines another person against their will without the authority to do so, is considered false imprisonment. False imprisonment must confine a person to physical or intangible boundaries, such as a room, their current physical space, or even a larger area like a city or state. To be considered false imprisonment, a person must lack a reasonable means to safely escape the confinement.
RED HILITES - Inculpatory clauses
BLUE HILITES - Exculpatory clauses

The domestic violence charge must be the one the DA is focused on, because this crime is simply not applicable, unless there are substantial facts we don't yet know. And all the relevant facts that go to elements of the crime must be included in the 'information' or the complaint by the time a trial date is set. Again, in California.




That'll be $200 please.

[DeusExManning]

I love the Broncos almost as much as my boyfriend Julio. Jay Cutler is so cute and I love Champ's sweet booty. I just really want to toss that salad. Oooh I tingle

I did not know that you feel that way.

[Kaylore]

Exactly! Boxing in her escape route with his auto was pretty stupid, especially with a third party involved.

So what? Is he a congressman? She took his phone. My whole life is in my phone. And the guy drove around his car anyway. Jeez, you guys act like you've never done something dumb when you were young and upset.

[Dudeskey]

He's no Larry Johnson.

True, he didn't slap his girl up w/ the playbook only to have it 'stolen' ;)

[Bronco_Beerslug]

Setting a trial date is a bad sign, in California anyway. Regardless, I remain categorically in denial that the crime "false imprisonment" applies in any way to the facts as we know them. The following is a general definition - remember, every word is narrowly and specifically (anally if you prefer) defined and applied:

False Imprisonment
False imprisonment involves the total physical confinement of a person against their will for a significant period of time (however short). The use of physical contact or force is not necessary for a situation to be considered false imprisonment. Any threat or use of authority, which confines another person against their will without the authority to do so, is considered false imprisonment. False imprisonment must confine a person to physical or intangible boundaries, such as a room, their current physical space, or even a larger area like a city or state. To be considered false imprisonment, a person must lack a reasonable means to safely escape the confinement.
RED HILITES - Inculpatory clauses
BLUE HILITES - Exculpatory clauses

The domestic violence charge must be the one the DA is focused on, because this crime is simply not applicable, unless there are substantial facts we don't yet know. And all the relevant facts that go to elements of the crime must be included in the 'information' or the complaint by the time a trial date is set. Again, in California.

That'll be $200 please.Do I have to explain Colorado statute to you again? :wiggle:

So what? Is he a congressman? She took his phone. My whole life is in my phone. And the guy drove around his car anyway. Jeez, you guys act like you've never done something dumb when you were young and upset.I have done many dumb things in my days. Never threatened a woman though with my car or anything else except...

EDIT: I was going to say except with my tongue and that wasn't a physical threat but that sounds like I should have or something zowie!

[Bronco_Beerslug]

Misdemeanor & Felony False imprisonment (http://www.lawinfoboulder.com/areas_criminal_litigation/false_imprisonment.html)

False imprisonment involves confinement without another person’s consent, with or without the use of force or threat or force, and can occur irrespective of duration, but all of these factors affect the level of classification of the charge. False imprisonment can occur within seconds, or over a period of hours or days. The primary distinction between false imprisonment and kidnapping is that in the former, the person being detained is not moved from one place to another, while in the latter, transportation, however slight, becomes kidnapping, a much more serious offense.

False imprisonment charges commonly arise in alleged domestic violence settings, for example, where one spouse attempts to keep the other from walking out the door, if even for only a second or two.

False imprisonment is a Class 2 misdemeanor, but is elevated to a Class 5 felony if force or threat of force is used, or the detention lasts for twelve hours or longer.

Click below to read the official Colorado statutory definitions for this offense:

False imprisonment (18-3-303)

[BroncoBuff]

Thank you sir ... I must've missed your earlier explanation.

Colorado's version varies from both California and the Model Penal Code. The elements are far less onerous to prove ... "even for only a second or two"? Pretty tough. Such a short timeframe is possible elsewhere, but I've never seen such a short period enumerated like that. Can you post the statute itself?

That definition is so broad, I think 99% of us have been guilty of it at least once. I know I have.