Perrish Cox sexual assault case headed for trial

[Boobs McGee]

Not exactly sure what this all means...

CASTLE ROCK, Colo. (AP) — Details of sexual assault allegations against Denver Broncos cornerback Perrish Cox will remain secret, for now.

Cox attorney Harvey A. Steinberg waived his client's right to a preliminary hearing, where investigators present evidence in court, after a judge ruled Thursday that it should be public. Steinberg argued that the public had no constitutional right to court proceedings leading up to trials.

Steve Zansberg, an attorney representing The Associated Press, The Denver Post and The New York Times, disagreed, calling closing such a hearing in Colorado unprecedented and noted that a judge in a sexual assault case involving Kobe Bryant did not approve of a similar request. Charges were later dropped against Bryant.

"There's no reason in logic and in law to treat this case differently ... merely because the defendant is a professional athlete," Zansberg argued in court.

More at the link

http://www.usatoday.com/sports/footb...cox-case_N.htm

Anyone care to elaborate on what it means when his rights were waived by his lawyer? I'm not really understanding the ramifications here...

[footstepsfrom#27]

Cox attorney Harvey A. Steinberg waived his client's right to a preliminary hearing, where investigators present evidence in court, after a judge ruled Thursday that it should be public. Steinberg argued that the public had no constitutional right to court proceedings leading up to trials.

It sonds like he doesn't want his personal business aired in public, which is why he waived the right to an open (and apparently very public) preliminary hearing.

[cutthemdown]

If he was a really good player it would suck worst. Still though I am waiting for no Broncos to get arrested. I think we should be ashamed of our record for players being turds.

[Requiem]

He is a pretty solid young player. This absolutely sucks.

[lostknight]

Originally Posted by Jim Lahey

He is a pretty solid young player. This absolutely sucks.

To borrow a line from Elizabethtown, Success is the only American God. If he did rape a woman while she was incapacitated (twice, or perhaps two victims), I don't think I would use the word solid to describe him.

[Garcia Bronco]

Again, its a weak case. I will be surprised if he gets convicted.

[BroncoInferno]

Originally Posted by Garcia Bronco

Again, its a weak case. I will be surprised if he gets convicted.

How can you conclude it's a weak case when so few of the details are known?

[Garcia Bronco]

Originally Posted by BroncoInferno

How can you conclude it's a weak case when so few of the details are known?

The nature of the charge, she agreed to go home with him, and she admits to being drunk. Its he said, she said. Unless there is video or audio proving otherwise the DA has a tough case to prove. That's it.

[Boobs McGee]

Originally Posted by footstepsfrom#27

Cox attorney Harvey A. Steinberg waived his client's right to a preliminary hearing, where investigators present evidence in court, after a judge ruled Thursday that it should be public. Steinberg argued that the public had no constitutional right to court proceedings leading up to trials.

It sonds like he doesn't want his personal business aired in public, which is why he waived the right to an open (and apparently very public) preliminary hearing.

So basically , just protecting his privacy? I wonder if that decision can in any way affect the trial .

[lostknight]

Originally Posted by Garcia Bronco

The nature of the charge, she agreed to go home with him, and she admits to being drunk. Its he said, she said. Unless there is video or audio proving otherwise the DA has a tough case to prove. That's it.

Men get strung up all the time when they "didn't do anything" on he-said, she-said situations.

[Garcia Bronco]

Originally Posted by lostknight

Men get strung up all the time when they "didn't do anything" on he-said, she-said situations.

Agreed, but it's less likely in a high profile case.

[BigPlayShay]

Can he even be suspended by the league now that there is no CBA?

[schaaf]

Originally Posted by BroncoInferno

How can you conclude it's a weak case when so few of the details are known?

He isn't being charged with rape. Like Garcia Bronco said it will be very hard to charge him.

[lostknight]

Originally Posted by schaaf

He isn't being charged with rape. Like Garcia Bronco said it will be very hard to charge him.

?

He's already been charged with Rape.

[schaaf]

no it isn't it is a sexual assault case, she agreed to have sex with him but looking back was too drunk too say no, thats not rape.

[Old Dude]

Originally Posted by schaaf

no it isn't it is a sexual assault case, she agreed to have sex with him but looking back was too drunk too say no, thats not rape.

If she was too drunk to consent, and he knew it, that qualifies as a sexual assault under Colorado law.

[gyldenlove]

Originally Posted by BigPlayShay

Can he even be suspended by the league now that there is no CBA?

No, but that will be a point of contention for the new CBA wether a player who violated the personal conduct policy or any of the substance abuse policies would be subject to suspensions for things done before the new CBA was signed into action.

[Garcia Bronco]

Originally Posted by schaaf

no it isn't it is a sexual assault case, she agreed to have sex with him but looking back was too drunk too say no, thats not rape.

Exactly, the DA will have to demostrate that he knew she was too drunk to commit to having sex or that he drugged her with no witnesses. Good luck.

[gyldenlove]

Originally Posted by Old Dude

If she was too drunk to consent, and he knew it, that qualifies as a sexual assault under Colorado law.

Yup, if he knew it and wasn't too drunk himself.

[bombay]

Outlawing drunken sex might be a formula for population control.

[gyldenlove]

Originally Posted by bombay

Outlawing drunken sex might be a formula for population control.

It will also be a formula for student rebellion, imagine the new heights of lameness frat parties would reach if there was no drunken sex.

[strafen]

Originally Posted by lostknight

To borrow a line from Elizabethtown, Success is the only American God. If he did rape a woman while she was incapacitated (twice, or perhaps two victims), I don't think I would use the word solid to describe him.

Wow, that's pretty disturbed.
I hope that's not the case.
He's got a good attorney to represent him, though...

[Irish Stout]

Originally Posted by bronconia

So basically , just protecting his privacy? I wonder if that decision can in any way affect the trial .

Hardly, as the preliminary hearing would be heard by the judge to determine what evidence would be allowed at trial at that time and the trial would be heard by a jury. The Defense almost always wants a preliminary hearing to quash some of the evidence the DA is putting on, because the DA will try and get everything in, from Cox's leopard print banana hammock and favorite flavor of his astro-glide brands to What kind of spoon his grandma used to whack him with as a child. So even if that evidence would be determined inadmissable at the time, the press could still report that it was brought up.

Steinberg was smart to waive the preliminary hearing, because its a fairly big case in CO and its likely that potential jurors would read about the evidence before the case comes to trial and more likely forming an opinion about Cox.

I've heard from an acquaintance who works at Springer and Steinberg that there is going to be a fairly big "Oh Wow!" moment in this case, and its likely the reason the DA deliberated so long before bringing this case. It may not be that shocking, but apparently it will be enough for a lot of people to scratch their head on why this case is taking up so much time. Unfortunately, "my source" believes strongly in attorney client privilege and all that garbage and won't tell me any more than that. She did meet Tatum Bell last week though and said he was a really nice guy, unlike Ian Gold who was a prick. For whatever thats worth.

[schaaf]

oh wow as in bad for Perrish

[Irish Stout]

Originally Posted by schaaf

oh wow as in bad for Perrish

No - the opposite. Like, "Oh wow they wasted all of our time, tax payer dollars and concern for our beloved Broncos players with this!?!?! The system is screwed and this chick is whack."