Re: Boston University 2011-2012: Part The Sixth
I've never studied law for one second, but if he did that wouldn't his behavior that didn't rise to the actionable level, but were unsavory nonethleless, be brought to light during the trial?
Thankfully, I also am not a lawyer, and would be one of the last people on earth to wish BU well in anything (especially hockey). But I do have something more than a passing knowledge of criminal justice principles, rules of evidence, etc., so allow me to throw a few observations into the mix.
--DAs are absolutely loath to drop felony charges once they are brought, especially in cases that have achieved a degree of noteriety. It makes them look stupid.
--In this day and age, prosecutors have vast arrays of forensic evidence-gathering tools that didn't exist until recently. I won't get into the details except to say that there are plenty of medical and lab tests that can substantiate whether or not a rape occurred. I'm assuming those kinds of tests were administered.
--There was plenty of FB chatter about this involving friends and acquaintainces of both parties. Some of that chatter might (emphasize
might)have given investigators some insights into exactly what happened. You can bet that the DAs people looked at all of that.
--The victim simply may have decided not to testify.
Beyond that, however, I am chagrined to note that we as a people apparently learned nothing from the Duke Lacrosse fiasco, where the players were tried, convicted, tarred, feathered, and executed in the national media, treated like pariahs by the supposedly enlightened Duke student body, and summarily disowned by the always politically correct university administrators.
Now I'm not trying to make Max Nicastro out to be a choir boy or suggest that the young lady made the story up, but I am going to suggest that this kid was demonized in the same way by the same constituencies that rushed to judgment in Durham not so many years ago. This kind of behavior by supposedly enlightened elites is beyond arrogant and of continuing concern to those of us who still believe in the assumption of innocence until guilt is proven.
As previous posters have stated, we will probably never know what really happened. But if it turns out that the accusation was fabricated, then I wouldn't be surprised to see Nicastro try to clear his name and recover damages through civil process since--rightly or wrongly--his name and reputation are forever tarnished.