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Biggest off field incident in packers history
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<blockquote data-quote="easyk83" data-source="post: 502800" data-attributes="member: 8895"><p>As a professional I can attest that there is much to be said about behaving in a manner beyond reproach. Do you have to be perfect... no but you probably shouldn't show up completely blitzed at a post prom party at 330 in the morning. You also probably shouldn't jump into a hot tub with a bunch of 16 and 17 year old girls some of whom are wearing only their unmentionables. Finally you definitely shouldn't jump into that hot tub while you are in your briefs, nevermind that his house was just down the street and that he could have acquired his bathing suit if he wanted to.</p><p> </p><p>As for the allegations, the police investigation revealed that there was some ****** contact even though there wasn't any DNA evidence linking Chmura to the girl. There were also a number of neutral witnesses who stated that the two did go into a bathroom together. It's been a heck of a long time since I have looked at the burdens of proof for criminal matters but of course felony charges require "Beyond reasonable doubt," and I believe that misdemeanors require the middle BoP which is Clear and Convincing. Put into number you basically have preponderance of the evidence/more likely than not= 51% certain, Clear and Convincing= 70% certain and of course and finally Beyond reasonable doubt at around 90% certain. You won't find these numbers in the statutes but that's how these are taught in Law School, typically. Anyways the evidence provided would have likely failed as to the felony charges. The 4th Degree ****** Assault misdemeanor charge would have likely resulted in a conviction or plea bargain had Mr. Chmura not armed himself with crack representation. I think the third party witness statements were damning to Mr. Chmura for anything short of a felony trial.</p><p> </p><p>As the old saying goes Justice may be blind but she can certainly hear the jingle of a coin purse.</p></blockquote><p></p>
[QUOTE="easyk83, post: 502800, member: 8895"] As a professional I can attest that there is much to be said about behaving in a manner beyond reproach. Do you have to be perfect... no but you probably shouldn't show up completely blitzed at a post prom party at 330 in the morning. You also probably shouldn't jump into a hot tub with a bunch of 16 and 17 year old girls some of whom are wearing only their unmentionables. Finally you definitely shouldn't jump into that hot tub while you are in your briefs, nevermind that his house was just down the street and that he could have acquired his bathing suit if he wanted to. As for the allegations, the police investigation revealed that there was some ****** contact even though there wasn't any DNA evidence linking Chmura to the girl. There were also a number of neutral witnesses who stated that the two did go into a bathroom together. It's been a heck of a long time since I have looked at the burdens of proof for criminal matters but of course felony charges require "Beyond reasonable doubt," and I believe that misdemeanors require the middle BoP which is Clear and Convincing. Put into number you basically have preponderance of the evidence/more likely than not= 51% certain, Clear and Convincing= 70% certain and of course and finally Beyond reasonable doubt at around 90% certain. You won't find these numbers in the statutes but that's how these are taught in Law School, typically. Anyways the evidence provided would have likely failed as to the felony charges. The 4th Degree ****** Assault misdemeanor charge would have likely resulted in a conviction or plea bargain had Mr. Chmura not armed himself with crack representation. I think the third party witness statements were damning to Mr. Chmura for anything short of a felony trial. As the old saying goes Justice may be blind but she can certainly hear the jingle of a coin purse. [/QUOTE]
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