Washington update

[dinglefritz]

The PD took over the case in May, in June he asked for more time.

If there is no evidence that Washington committed a crime, why does he need more time?

This isn't rocket science. If the prosecutors have the the phone records, then the text is on the records. If they don't have the phone records, then they don't have a case and instead of asking for a continuance any lawyer worth is salt would have filed for dismissal. So clearly there is something.

What's your point? A new PD takes over a case and a couple of weeks later he asks for more time to prepare his defense? That's a delay to you? Well alright you've got one. ONE delay not FOUR and that one delay is standard operating procedure for a defense attorney. They have records apparently showing that communication took place. According to court documents previously released, the stepmom DELETED the message/video. IF Washington had any brains his phone was wiped of any videos before the authorities got it this summer.
Edit/add: I would think that the prosecution may have a problem if Washington's phone didn't have the video on it. They have to prove that he sent a pornographic video. I have a hard time believing that a judge is going to take the word of the stepmom on that. I've never heard of anybody convicted of possessing or transmitting kiddie porn without it actually being physically present and entered in to evidence.

 

[TheNewNU_rivals50820]

I think Frost should have insisted that Washington Redshirt this year.

Frost made a bold statement before he every coached a game @ Nebraska and I think he needed to back it up his fall. It should not matter if you are a star runback or a walk on linebacker.

Missing the first half aof a game is a punishment for being late to a team

“And I’ll tell you this right now — if there’s anything negative about women, if there’s anything racial or about sexuality, if there’s anything about guns or anything like that, we’re just not going to recruit you, period,” Frost said in July 2018. “Piece of advice for you — what you put on social media, that’s your résumé to the world. That’s what you’re trying to tell the world you’re all about. That’s how you’re advertising yourself. Be smart with that stuff.”

https://saturdaytradition.com/nebra...t-handling-maurice-washington-situation-2019/

I don't know how things are in Iowa but in Nebraska and the rest of the United States, you are presumed innocent until proven guilty.

 

[RealTucoSalamanca]

What's your point? A new PD takes over a case and a couple of weeks later he asks for more time to prepare his defense? That's a delay to you? Well alright you've got one. ONE delay not FOUR and that one delay is standard operating procedure for a defense attorney. They have records apparently showing that communication took place. According to court documents previously released, the stepmom DELETED the message/video. IF Washington had any brains his phone was wiped of any videos before the authorities got it this summer.

Deleting a message off the phone doesn't delete the record of the text. Come on now. This is 2019, there are all kinds of forensics out there to get that info, if it exists.

Then again I say, if there is no evidence at all, why has there not been a motion to dismiss and how much time do you need to look over nothing?

The delays I spoke of also include the three months and the court dates that Bunning and Ball were responsible for. Again, you said that the prosecution is the cause for this taking so long. From February to July, 5 months, the defense drug their feet. Had his Nebraska attorneys took it seriously, and not wished it away, got a PD in March, then perhaps this is over by now, or at least past the "lets set up a meeting to discuss evidence" and "see if the judge thinks there is enough" stages.

 

[mgbreeze]

The PD took over the case in May, in June he asked for more time.

If there is no evidence that Washington committed a crime, why does he need more time?

This isn't rocket science. If the prosecutors have the the phone records, then the text is on the records. If they don't have the phone records, then they don't have a case and instead of asking for a continuance any lawyer worth is salt would have filed for dismissal. So clearly there is something.

Filing for a dismissal in a criminal case isn’t really a thing. It would be something really out if the ordinary. More common would be a motion to suppress evidence and then the preliminary hearing. I don’t really think there’s much out of the ordinary for how long this case is taking. Clearly Mo has waived his right to a speedy trial and there must be discussions of some sort going on. Maybe, just maybe, the prosecutor doesn’t really want to ruin a kids life over a 10 second video he immaturely texted. I hope that’s the case. I definitely agree it’s already borderline not a good look in the context of Frost’s earlier statement!

 

[dinglefritz]

Deleting a message off the phone doesn't delete the record of the text. Come on now. This is 2019, there are all kinds of forensics out there to get that info, if it exists.

Then again I say, if there is no evidence at all, why has there not been a motion to dismiss and how much time do you need to look over nothing?

The delays I spoke of also include the three months and the court dates that Bunning and Ball were responsible for. Again, you said that the prosecution is the cause for this taking so long. From February to July, 5 months, the defense drug their feet. Had his Nebraska attorneys took it seriously, and not wished it away, got a PD in March, then perhaps this is over by now, or at least past the "lets set up a meeting to discuss evidence" and "see if the judge thinks there is enough" stages.

Bruning drug his feet thinking this would drop through the cracks. Ball takes the case and has to hand it off to an attorney licensed in that state. How long do you think those things take? Good heavens. The poster with the quip about Perry Mason seems to fit here. I posted that they apparently have record that a communication took place. ACCORDING TO COURT FILINGS THE STEPMOM DELETED THE VIDEO AND THEY WERE UNABLE TO RETRIEVE IT. So they know SOMETHING was sent, but they don't have content unless Washington still had it on his electronic media when it was handed over. As far as we know from filings the prosecutor doesn't have that evidence. So that is part of the discovery I believe that the PD is talking about. Attorneys please correct me if I'm wrong, but I believe that the prosecution has to share that with the defense IF they have it. This crap takes time. It took me almost 5 months to go to court over a stupid boating violation that pissed me off and I didn't hire ANY attorneys. Just wanted to make the iGFP officer who was out of line have to show up in court. Screwed up his deer huntWinking. My particular case had 3 delays all initiated by the state.

 

[HUSKERFAN66]

The PD took over the case in May, in June he asked for more time.

If there is no evidence that Washington committed a crime, why does he need more time?

This isn't rocket science. If the prosecutors have the the phone records, then the text is on the records. If they don't have the phone records, then they don't have a case and instead of asking for a continuance any lawyer worth is salt would have filed for dismissal. So clearly there is something.

Hence my quote about prosecutor asking for more time which you said never once......

 

[RealTucoSalamanca]

Hence my quote about prosecutor asking for more time which you said never once......

When did the prosecutor ask for more time?

 

[dinglefritz]

When did the prosecutor ask for more time?

The original complaint was made by the stepmom what, a year and a half ago? Two years ago? IF they had the video evidence alleged to have been sent, Washington would have been charged long before this past spring unless they were delaying to try to build a better case. Maybe they are still trying to retrieve electronic information. Maybe they're hoping Washington further incriminates himself. From my experience knowing prosecutors, defense attorneys and the things they've told me, this sounds most like the prosecution asking for a delay. I don't see any logical reason for a PD to want to try to delay this any longer to help his client. All indications are that Washington wanted to try to put this to bed before school was in full swing once the charges were filed. October is a really bad time for a student/football player to have to travel to California for court.

 

[RealTucoSalamanca]

Bruning drug his feet thinking this would drop through the cracks. Ball takes the case and has to hand it off to an attorney licensed in that state. How long do you think those things take? Good heavens. The poster with the quip about Perry Mason seems to fit here. I posted that they apparently have record that a communication took place. ACCORDING TO COURT FILINGS THE STEPMOM DELETED THE VIDEO AND THEY WERE UNABLE TO RETRIEVE IT. So they know SOMETHING was sent, but they don't have content unless Washington still had it on his electronic media when it was handed over. As far as we know from filings the prosecutor doesn't have that evidence. So that is part of the discovery I believe that the PD is talking about. Attorneys please correct me if I'm wrong, but I believe that the prosecution has to share that with the defense IF they have it. This crap takes time. It took me almost 5 months to go to court over a stupid boating violation that pissed me off and I didn't hire ANY attorneys. Just wanted to make the iGFP officer who was out of line have to show up in court. Screwed up his deer huntWinking. My particular case had 3 delays all initiated by the state.

Why did Ball get involved at all? When I got busted for being a dumbass and starting a bar brawl, as a 21 year old, it took about 3 hours for me to get a PD. After being released from the drunk tank, I met the dude at the courthouse, we discussed the case, the evidence and we plead. Never saw the dude again.

It is not like Washington was hiring a lawyer. They knew, or should have known, that he would need a California lawyer. Perhaps they should have been doing that from September of 2018 when this all came out, instead of dragging their feet and wishing it away.

If there is no evidence, other than a he said/ she said, why would the prosecutor continue to pursue this case, knowing they it would never even get to trial.

Again I ask, if you are being charged with sending a video to someone, how much discovery do you need? There is only one piece of evidence that matters. It isn't like a murder, where there is going to be **** load of evidence. One video, one text, and a few interviews of the people connected with the case.

 

[RealTucoSalamanca]

The original complaint was made by the stepmom what, a year and a half ago? Two years ago? IF they had the video evidence alleged to have been sent, Washington would have been charged long before this past spring unless they were delaying to try to build a better case. Maybe they are still trying to retrieve electronic information. Maybe they're hoping Washington further incriminates himself. From my experience knowing prosecutors, defense attorneys and the things they've told me, this sounds most like the prosecution asking for a delay. I don't see any logical reason for a PD to want to try to delay this any longer to help his client. All indications are that Washington wanted to try to put this to bed before school was in full swing once the charges were filed. October is a really bad time for a student/football player to have to travel to California for court.

he doesn't need to travel to California in October. It is a date to set a date to review evidence.

 

[dinglefritz]

If there is no evidence, other than a he said/ she said, why would the prosecutor continue to pursue this case, knowing they it would never even get to trial.

Again I ask, if you are being charged with sending a video to someone, how much discovery do you need? There is only one piece of evidence that matters. It isn't like a murder, where there is going to be **** load of evidence. One video, one text, and a few interviews of the people connected with the case.

This is a federal case across state lines involving a felony. This is a little different than a bar fight. Discovery can take a long time depending on who needs to be interviewed and how forthcoming the prosecution is from what I've been told. This is serious business.

 

[RealTucoSalamanca]

The original complaint was made by the stepmom what, a year and a half ago? Two years ago? IF they had the video evidence alleged to have been sent, Washington would have been charged long before this past spring unless they were delaying to try to build a better case. Maybe they are still trying to retrieve electronic information. Maybe they're hoping Washington further incriminates himself. From my experience knowing prosecutors, defense attorneys and the things they've told me, this sounds most like the prosecution asking for a delay. I don't see any logical reason for a PD to want to try to delay this any longer to help his client. All indications are that Washington wanted to try to put this to bed before school was in full swing once the charges were filed. October is a really bad time for a student/football player to have to travel to California for court.

As far as the original complaint it was March of 2018, the prosecutors office began investigating. Sending search warrants, they attempt to contact Washington from August to December, but he ignores the calls, and the folks in California have to get the university involved. Then Bruning and then Ball.

You want to give the current attorney, months to obtain and look at evidence, but don't think it takes a bit of time to collect the evidence. Especially when the person of interest is avoiding calls.

Prosecution March 2018 to August 2018 5 months to invesitgate. August 2018 to May 2019, 9 months of Washington, Bruning and Ball delays and avoidance. May to July 2 more months for the new attorney to pour over the mountain of evidence in a case that includes, a text and a video an

 

[RealTucoSalamanca]

This is a federal case across state lines involving a felony. This is a little different than a bar fight. Discovery can take a long time depending on who needs to be interviewed and how forthcoming the prosecution is from what I've been told. This is serious business.

Exactly it is serious business, so why did the defense team spend all fall avoiding contact with the prosecutors in California and another 5 months with an insufficient defense team?

As far as the bar fight, I was talking about how long it took for me to get a PD.

 

[dinglefritz]

he doesn't need to travel to California in October. It is a date to set a date to review evidence.

I've not read that he doesn't have to be there for that hearing.

 

[RealTucoSalamanca]

I've not read that he doesn't have to be there for that hearing.

Perhaps I misread or misunderstood, but this hearing is nothing more than a date to set a date for the attorneys and the judge to discuss the evidence. I don't believe they can even make a deal until after that meeting.

 

[dinglefritz]

Exactly it is serious business, so why did the defense team spend all fall avoiding contact with the prosecutors in California and another 5 months with an insufficient defense team?

As far as the bar fight, I was talking about how long it took for me to get a PD.

Washington had been charged with nothing at that point. It would have been S T U P I D for him to talk on the phone with an investigator who would no doubt try to get him to incriminate himself. You make the investigators jump through the hoops if they think it's worthwhile. Then you wait until they actually file the charges and you know what you're up against. It's how it works. Make them do their work. Don't make it easy for them to drag you in to court. You've already said you thought they had the physical video. Why did they need to talk to him? Do you think they were going to scold him and ask him to please be a nice boy and delete it? I'm done with this. I've seen both sides of things like these from both prosecutors and defense attorneys. We'll find out in few months where things go.

 

[nu2u]

This is a federal case across state lines involving a felony..

I thought this matter was charged in the Santa Clara County Superior Court and that the pleadings alleged a violation of the California criminal code. When did the case get transferred to federal court?

 

[mgbreeze]

I don't know any of this for a fact, but I assume the prosecution and the defense are working this schedule out jointly in advance of the hearings. That's the way it usually works. So the prosecution may not be "asking" for the delays, but simply not objecting to them. It seems to me they could be pushing the case ahead a lot harder than they are, but they're going along with the slow approach for whatever reason.

 

[donahues17]

From what they said on the radio this morning (Severe), he had sent the video and the girl deleted it. Then the stepmom asked him to send it again (posing as the girl). If this indeed happened, shouldnt stepmom be in trouble for asking for child porn?

 

[dinglefritz]

I thought this matter was charged in Santa Clara County Superior Court and the pleadings alleged violation of the California criminal code. When did the case get transferred to federal court?

Well transmitting and possessing child porn is a felony. I believe you are right about where the charges were filed. As I said, I'm not an attorney and thankfully have never been charged with anything more than a traffic ticket, so I don't know who actually prosecutes this case involving transmission across state lines via electronic media.

 

[nu2u]

From what they said on the radio this morning (Severe), he had sent the video and the girl deleted it. Then the stepmom asked him to send it again (posing as the girl). If this indeed happened, shouldnt stepmom be in trouble for asking for child porn?

I am not privy to all the details of this matter, not even the publically disclosed facts or alleged facts. At one point, it was reported that someone deleted the incriminating video. It appears that stepmom was attempting to retrieve the video (the lost evidence) in order to support the victim's claim. If that was the case, most prosecutors would view stepmom's action as lacking the requisite criminal intent. That's my guess.

 

[mel mains]

Whole bunch of posters in this thread slept in a Holiday Inn Express last night.

 

[Charlie Marlow_rivals363743]

Bruning messed this up from the start.

 

[dinglefritz]

Bruning messed this up from the start.

I don't think how Bruning handled it will end up having changed anything. They were going to charge him. Their phone call fishing expedition wasn't going to change anything. They were hoping to be able to gain what amounted to a confession on a recorded phone call to make up for the video the stepmom didn't save. I don't think "I'm sorry" or "I didn't do it" were going to change their mind whether or not to turn it over for prosecution.

 

[schuele]

Look at the grief Osborne took for Phillips and Phillips was suspended after the incident. Then throw in the quote about not recruiting players with sex or women issues and there will be talk. Right or wrong.

Lawrence Phillips dragged a woman down the stairs of an apartment building and slammed her head into a mailbox. Washington texted a video of a sex act in which he was not involved. It was stupid and he'll rightfully pay a price for it, but I would hope most people will be able to draw a distinction between texting a video and slamming a woman's head into a mailbox.

 

[CheeseRunza_rivals]

According to this, it appears the defense asked for the delays. If I understand it correctly, it sounds like there are discussions of some sort in the works.

https://hailvarsity.com/s/7630/maurice-washingtons-legal-case-continued-once-again-to-october

 

[dinglefritz]

According to this, it appears the defense asked for the delays. If I understand it correctly, it sounds like there are discussions of some sort in the works.

https://hailvarsity.com/s/7630/maurice-washingtons-legal-case-continued-once-again-to-october

Thanks for the link. It reads that both parties have agreed to the delay requested by the defense and that the prosecutor is openly talking about a "progress being made to a resolution" albeit he says its "too early to say when a resolution could be reached". (paraphrasing) This is probably going to end up in a plea deal as would be fair and proper in my opinion. Score 1 point for Tuco....although the prosecutor is clearly a party to the delay.:Cool:

 

[RedSea_rivals91325]

Thanks for the link. It reads that both parties have agreed to the delay requested by the defense and that the prosecutor is openly talking about a "progress being made to a resolution" albeit he says its "too early to say when a resolution could be reached". (paraphrasing) This is probably going to end up in a plea deal as would be fair and proper in my opinion. Score 1 point for Tuco....although the prosecutor is clearly a party to the delay.:Cool:

Deal for a misdemeanor seems likely doesn't it?

 

[dinglefritz]

Deal for a misdemeanor seems likely doesn't it?

One would logically think so especially if they don't have the physical evidence of the video. The prosecutor said they've broadly discussed the parameters of the charges. There is no way in hell Washington should be forever labeled as a sex offender for what he's accused of doing.

 

[BC Hawk]

Laws were made to be broken.

 

[ZJSARENOTFREE]

I think Frost should have insisted that Washington Redshirt this year.

Frost made a bold statement before he every coached a game @ Nebraska and I think he needed to back it up his fall. It should not matter if you are a star runback or a walk on linebacker.

Missing the first half aof a game is a punishment for being late to a team

“And I’ll tell you this right now — if there’s anything negative about women, if there’s anything racial or about sexuality, if there’s anything about guns or anything like that, we’re just not going to recruit you, period,” Frost said in July 2018. “Piece of advice for you — what you put on social media, that’s your résumé to the world. That’s what you’re trying to tell the world you’re all about. That’s how you’re advertising yourself. Be smart with that stuff.”

https://saturdaytradition.com/nebra...t-handling-maurice-washington-situation-2019/

Thanks for your input and you're knowledge on the situation.

 

[RedCap_rivals330392]

Well whatever is causing all these delays is pathetic IMO. No wonder the justice system is so bogged down. Only winners here are lawyers collecting more fees. Not sure what possible information anybody could be finding after all this time. Seems straight forward to me with nothing new being reported any where.

 

[JDskibum]

Doesn’t he have a right to a speedy trial? Or have we totally forgot about the constitution? Ok most politicians actually have forgot about it.

The speedy trial clock has not even begun yet. If he is set for a preliminary hearing, he is not yet in the proper court to adjudicate a felony.

 

[JDskibum]

Well whatever is causing all these delays is pathetic IMO. No wonder the justice system is so bogged down. Only winners here are lawyers collecting more fees. Not sure what possible information anybody could be finding after all this time. Seems straight forward to me with nothing new being reported any where.

His counsel is the Public Defender. They are not paid by the hour. Have you bothered to read the statutes that are the basis of the charges or are you just going on what you read int he newspaper? Have you read any of the affidavits from law enforcement investigators or the alleged victim?

 

[RedCap_rivals330392]

Th

His counsel is the Public Defender. They are not paid by the hour. Have you bothered to read the statutes that are the basis of the charges or are you just going on what you read int he newspaper? Have you read any of the affidavits from law enforcement investigators or the alleged victim?

His counsel is the Public Defender. They are not paid by the hour. Have you bothered to read the statutes that are the basis of the charges or are you just going on what you read int he newspaper? Have you read any of the affidavits from law enforcement investigators or the alleged victim?

Well, you do understand that all this time in cases results in the need for more lawyers? It's a full employment policy for lawyers. The U.S. has more lawyers per capita than any other place in the world. This is but one tiny example of why that is the case IMO.

 

[Crazyhole]

Well whatever is causing all these delays is pathetic IMO. No wonder the justice system is so bogged down. Only winners here are lawyers collecting more fees. Not sure what possible information anybody could be finding after all this time. Seems straight forward to me with nothing new being reported any where.

It's not easy or fast to subpoena cell phone companies for messages of any kind, media messages are harder yet. If both the girl and Mo deleted stuff off of their phones then it becomes a he-said she-said deal and we will just end up with a plea deal for community service or something minor like that.

 

[huskerssalts]

Deal for a misdemeanor seems likely doesn't it?

I guarantee that’s what happens. Right now they are setting up a “preliminary hearing” for Oct 17th (about mid season and during a bi-week for our Huskers). There’s still around 2-3 more court dates that will be set before this is over with...hence why I said this may go past the end of this years football season. My last issue I had with a misdemeanor took about a year, a little over a year before it was finished and I got probation.

 

[huskerssalts]

The speedy trial clock has not even begun yet. If he is set for a preliminary hearing, he is not yet in the proper court to adjudicate a felony.

Yep...and that’s why I said earlier in this thread this is “Far from over”. They are just now getting to the point where the DA has to show if there’s proper evidence to proceed any farther or if this will get tossed out of court. “At a preliminary hearing, judges decide whether a case should move forward after prosecutors present the evidence they have against a defendant”.

 

[Kato]

Deleting a message off the phone doesn't delete the record of the text. Come on now. This is 2019, there are all kinds of forensics out there to get that info, if it exists.

Then again I say, if there is no evidence at all, why has there not been a motion to dismiss and how much time do you need to look over nothing?

The delays I spoke of also include the three months and the court dates that Bunning and Ball were responsible for. Again, you said that the prosecution is the cause for this taking so long. From February to July, 5 months, the defense drug their feet. Had his Nebraska attorneys took it seriously, and not wished it away, got a PD in March, then perhaps this is over by now, or at least past the "lets set up a meeting to discuss evidence" and "see if the judge thinks there is enough" stages.

Hillary says, "not so fast my friend"!

 

[diehardhawk82]

I don't know how things are in Iowa but in Nebraska and the rest of the United States, you are presumed innocent until proven guilty.

Huh??? Yes in the court of law. However, he is representing the University and is charged with a FELONY. He should be suspended indefinitely until the courts make a decision. Horrible look.