Rape Trial (Gilbert found Not Guilty)

[Haldersham]

Re: Rape Trial

[quote author=Haldersham link=1165890748/0#7 date=1166054805][quote author=NightHawk78 link=1165890748/0#6 date=1166053145]http://www.argusleader.com/apps/pbcs.../NEWS/61213030

The prosecution has rested. I guess we'll read more tomorrow.......

The article in the Argus today, IMHO, skirted the limits of reporting about a rape case. By reporting the association of the victim to SDSU and her relative height, it's very easy to make conjecture re: the ID of the victim. This is bad enough in a normal case, but this is a a high-profile situation (by SD standards) and the anti-interracial comment could be construed as racism.

When the accused has alleged the sex was consensual, then is that not racial too? If indeed it did happen consensually,it would involve two members of different races. The states attorney is trying to build a case that there was no consenual sex and that a rape occurred, and if she is saying that she does not sleep with other members of other racess, is that not the point he is trying to make?

I think the defense has to prove it was consensual, and with lying testimony to investigators, its going to be hard to do.  Also the comment about the victim being unattractive, does not help the accused.[/quote]

Not to knit-pick (sp), but the burden of proof lies soley with the prosecution.
[/quote]


I agree the burden of proof lies with the prosecution, but also ahead is the cross examination of the accused by the prosecutor, provided the accused chooses to testify. The defense might not want to do this- that is put the accused on the witness chair.
Knowing the prosecutor  he will no doubt bring up all the inconsistencies in testimony in his closing statements and cross examination of witnesses.

I guess I spent too much time watching Perry Mason, LA Law, Matlock and even Court TV.

Hords I get my chance in the next county in 2007 as prospective jury member. Not too crazy about that either. I  have been called several times around the country for jury duty but never picked to sit on one.

Its like playing bingo in Cook County, Ill,  a thousand or more are called per week and you sit in this big room reading newspapers and what not, and wait for your number to be called. The numbers are drawn from a device that looks like it could be used for Bingo. 12 to 15 numbers are drawn and a bailiff ushers the lucky twelve to a court room which could be on one of many floors. Its a big building in the loop.

[JackJD]

Re: Rape Trial

I've tried a lot of jury trials with many having attracted the attention of the press.  I recall one case in particular, a murder case, in which my wife kept the local newspaper out of sight until my trial was completed.  Mid-way through that trial, my wife asked how it was going as I walked in the door.  I said it was going just fine for the defense.  When the verdict came in a few days later (my client was acquited), I read the daily reports of the trial.  According to the paper, my client was certain to get life in prison.  The reporter was doing his best but it seemed from my perspective, he was watching a different case.  

My point is the same as filbert's:  we can't accurately comment based on the news reports.  That isn't a criticism of the reporting...it's just reality: the reporter is trying to take six or seven hours of courtroom activity and tell something about it in a few paragraphs.

I'm not critical of postings of the news reports on this message board.  It certainly is news...very sad news for all concerned no matter how it turns out.

One additional comment:  I continue to be impressed with jurors in this State.  They take their duty seriously and I cannot think of ever having felt a juror or a jury did not do their best--that includes cases in which I did not agree with the result.  It's inspiring to see people called upon for a duty most of us would like to avoid, and then seeing them step to the plate and try their hardest to do the right thing by following the law and determining the facts.  Unfortunately, statistics tell us that the number of jury trials in South Dakota and all across the country are dwindling.  It may be a right we lose due to inaction.

[Haldersham]

Re: Rape Trial

I've tried a lot of jury trials with many having attracted the attention of the press.  I recall one case in particular, a murder case, in which my wife kept the local newspaper out of sight until my trial was completed.  Mid-way through that trial, my wife asked how it was going as I walked in the door.  I said it was going just fine for the defense.  When the verdict came in a few days later (my client was acquited), I read the daily reports of the trial.  According to the paper, my client was certain to get life in prison.  The reporter was doing his best but it seemed from my perspective, he was watching a different case.  

My point is the same as filbert's:  we can't accurately comment based on the news reports.  That isn't a criticism of the reporting...it's just reality: the reporter is trying to take six or seven hours of courtroom activity and tell something about it in a few paragraphs.

I'm not critical of postings of the news reports on this message board.  It certainly is news...very sad news for all concerned no matter how it turns out.

One additional comment:  I continue to be impressed with jurors in this State.  They take their duty seriously and I cannot think of ever having felt a juror or a jury did not do their best--that includes cases in which I did not agree with the result.  It's inspiring to see people called upon for a duty most of us would like to avoid, and then seeing them step to the plate and try their hardest to do the right thing by following the law and determining the facts.  Unfortunately, statistics tell us that the number of jury trials in South Dakota and all across the country are dwindling.  It may be a right we lose due to inaction.

Your comments and points are helpful, thank you.

[89rabbit]

Re: Rape Trial

http://www.argusleader.com/apps/pbcs...0319/1001/NEWS

Final arguments today in rape trial
Relationship of alleged victim and defendant questioned

By Monica LaBelle
mlabelle@argusleader.com
PUBLISHED: December 14, 2006

BROOKINGS - The nature of the relationship between an alleged rape victim and a former South Dakota State University basketball player was questioned Wednesday in the man's trial.

Andre Gilbert of Brooklyn Park, Minn., is charged with first-degree burglary and second- and third-degree rape in connection with an assault that reportedly occurred in a dorm room on the school's Brookings campus Dec. 15, 2005. He pleaded not guilty to the charges.

The alleged victim, an SDSU volleyball player, said Gilbert and another former basketball player entered her dorm room and raped her.

By the end of the trial's second day, both the prosecution and defense rested their cases. Closing arguments will begin today.

Former SDSU volleyball player Laura Slagter testified that before the incident the woman had said she wanted to "hook up" with Gilbert but hesitated because he was black and her parents would not approve. The alleged victim is white.

The woman denied she said that. . . . (read more)

[91rabbit]

Re: Rape Trial

Well said, JackJD. If I have learned anything in my 39+ years, it is that everybody is a lawyer in his spare time and his dog is part-wolf.

As to the hubbub over the woman's comments about race and such, I am reminded of Gerry Spence's comments concerning his defense of Randy Weaver. While he abhorred Weaver's beliefs, he also fervently believed that all people with un-PC opinions and beliefs are deserving of a solid defense. We need more liberals like Spence.

[1stRowFANatic]

Re: Rape Trial

As we all read and hear reports on the trial, I think back to AFTER the OJ trial. Several of the jurors were then shown the tape of what happened when they were out of the room. All of them wished they had known that information and the vast, vast majority said it would have impacted their decision in some way. My point is that since we are not in the courtroom, we really should try not to judge what is happening. I have trust that the jurors will do their very best and that as a group, they will have better judgment than me individually.

[mitchell2006]

Re: Rape Trial

I think the prosecution is trying to make the defendant appear racist just to prove that the sex wouldn't have been consensual since the defendant doesn't believe in inter-racial "relationships"

[Jacks02]

Re: Rape Trial

I think the prosecution is trying to make the defendant appear racist just to prove that the sex wouldn't have been consensual since the defendant doesn't believe in inter-racial "relationships"

Umm, I think you are backwards there. Remember Gilbert is the defendant here....

[MilwaukeeJacksAlum]

Re: Rape Trial

I have had far fewer jury trials than JackJD, but have had enough to add one comment to his words. It would be a comment in agreement to one he made. Jury members take their jobs very seriously and take the justice system very seriously. After my most recent trial, I had a chance to speak to a couple of the jury members on our way out of the Courthouse. Their comments furthered my belief that no matter if the trial is on a $5,000.00 auto accident or a 1st Degree Murder case, the vast majority of jury members listen, digest and decide to the best of their ability and take it very seriously. Whatever decision comes down in this trial, they will undoubtadly have taken all of the evidence into account and done their best to reach a just decision.

[NightHawk78]

Re: Rape Trial

According to the radio broadcast, the case is now in the hands of the jury.........

[SUPERBUNNY]

Re: Rape Trial

I'm just excited to finally have let justice take it's course and we can all move on!

My thoughts are with the victim, the accused, the jury, and the families of those involved.

There are no winners in cases like this. No matter what the outcome, there are scars that stay with everyone for their entire life!

Jackjd is right. Jurors do take their responsibility very seriously! I have to trust that they will do so in this case!

All that can really be said is thank God we live in a country that has a justice system like we do!

SUPERBUNNY

[CatchEmAll]

Re: Rape Trial

There are no winners in cases like this.  No matter what the outcome, there are scars that stay with everyone for their entire life!  

That could be the most logical statement anyone has or will make regarding this case.  I think too many people have looked at how this case affects SDSU athletics and SDSU's image. To me, how this affects (or has affected) SDSU isn't even on the radar.  These two (three actually) young people (who happen to have been SDSU athletes) have had their lives changed forever. Over time this will fade out of people's memories (although not completely) and it will not affect SDSU nor the athletic department. But, as SUPERBUNNY said, this will scar those involved and their families for ever.

[EQguy]

Re: Rape Trial

http://www.argusleader.com/apps/pbcs.../NEWS/61214038


It looks like Gilbert was found not guilty.  

[SUPERBUNNY]

Re: Rape Trial

They just announced it on the Brookings Radio stations that Andre was found not guilty of all charges.

They made the announcement and then I had a very melancholy reaction. Just no real reaction to it other than to think about those involved.

My thoughts and prayers are with all involved.

SUPERBUNNY

[JackJD]

Re: Rape Trial

The Argus story, link provided by EQGuy, gave a couple of examples of points apparently made by the defense including testimony of the accuser's gynecologist and "In a statement to police made in January, the student wrote quote “I tried to please him.”".

Well, this is a case in which lives are certainly affected dramatically.

It would be interesting to interview the jurors after this case.

I wonder what the prosecution will do with the Berte case. Calhoon is a very good prosecutor and likely put on his strongest case first. We'll see.