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reasons for the decision. But after the trial, several jurors spoke with the media.Several members of the jury said they were
reasons for the decision. But after the trial, several jurors spoke with the media.Several members of the jury said they were
in Weihnachts-Forum von Planet Xmas 01.11.2019 15:18von jcy123 • 5.628 Beiträge
On Wednesday, a California federal jury cleared New York Knicks guard Derrick Rose and two of his friends of committing civil rape. A former girlfriend of the Knicks guard, identified as Jane Doe, had made the accusations against the three men, suing them for $21.5 million. ? ??Heres what you need to know about the jurys decision and the potential consequences for Rose both on and off the basketball court. ?What did Doe have to prove? ? The jury was considering three civil claims against Rose and his friends: sexual battery, battery and trespass. The most significant claim was for sexual battery -- i.e., rape. ? ?There was no dispute about whether Doe and the three men had sex. The issue was whether Doe consented to sex. Doe said she was too intoxicated to consent.To prove that, Doe had to show (1) that the effects of the drugs or alcohol prevented her from consenting; and (2) that Rose and his friends did not actually and reasonably think she was capable of giving consent.What did the jury decide? ? The jury decided that Doe didnt establish her claims by a preponderance of the evidence. Basically, this means she failed to show it was more likely than not that her version of the night was true.? Or said another way, the jury didnt believe that Does version of the night was 51 percent more likely to be true than Roses version of the events. ? ?How did the jury come to its decision? ? The eight jurors on the panel (six women and two men) had to come to a unanimous decision on each of Does claims in order for her to win.? ?The jury does not explain in the verdict its reasons for the decision. But after the trial, several jurors spoke with the media.Several members of the jury said they were swayed by the fact Doe did not have any physical evidence, such as a rape kit.One juror, identified as Jared, 25, said after the verdict that the jury panel did not find Does tears credible. He said, It felt like she was playing us.What does the decision mean for any possible criminal case against Rose? ??The verdict likely means there will not be any criminal charges or a criminal trial against Rose and the two men. ?The level of proof required to find guilt in a criminal trial (beyond a reasonable doubt) is much higher than the level of proof required in a civil trial (preponderance of the evidence).? ?So, if theres not enough evidence to find Rose liable in this civil case in which less proof is needed, its highly unlikely that there would be enough evidence to find him guilty in a criminal trial in which more proof is needed.? ?That is based on the existing evidence, however.? If evidence later surfaces that shows Rose and his friends committed a crime, criminal charges could be filed. But at this juncture, criminal charges are unlikely. ?What does the decision mean for Rose in terms of playing time? ? Rose is (and was always) free to rejoin the Knicks, who are wrapping up their preseason.On Wednesday, Knicks coach Jeff Hornacek said Rose, regardless of the verdict, wouldnt be playing in New Yorks preseason finale on Thursday.Rose is expected to start the season with the team on Oct. 25 in Cleveland. ?Whats next in the case?? ?Doe may file motions with the court asking to set aside the jury verdict.? She could argue that no reasonable jury could have found Rose not liable. If the court agrees with Doe, it would let her have a new trial or change the verdict in her favor.?Its unlikely that the court will do that, however, because the evidence was not so overwhelming in Does favor that there was just one reasonable conclusion. ?It was a case of he said, she said. So reasonable minds could have differed on whether to believe Doe or Rose.Can Doe file an appeal? ? Yes, Doe may appeal the verdict to the U.S. Court of Appeals for the Ninth Circuit. Shell have 30 days to file an appeal from the date the court enters the judgment for Rose and his friends, which will be after the post-trial motions.Even if Doe appealed, it would not impact Roses playing time.? Rose would not have to testify or get involved with the appeal; it can be handled by his attorneys alone. ?Adrienne Lawrence is a legal analyst who practiced law from 2008 to 2015 before joining ESPN.?Follow her on Twitter @AdrienneESPN. USA Soccer Pro Shop . 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As the chief content officer for Hearst Magazines, a post she assumed after acting as editor-in-chief for both Cosmopolitan and Marie Claire, Joanna Coles days are never the same. And the Yorkshire, United Kingdom, native likes it that way.In her day job, Coles heads up development for the magazine group and new business ventures. This may seem quite the tall order to fill. But as a wife, mother and industry titan, she tackles her seemingly chaotic life head-on, and enjoys every bit of it.espnW talked with Coles about her first writing gig, working in male-dominated environments, and what inspires her now.This interview has been edited for length. espnW: What career advice would you have given your younger self?Joanna Coles: At 15 years old, I would have told myself to stop worrying about what the boys in my class thought about me. At 25, I was pretty focused, but I would have told myself to move to America a bit earlier than I did, as thats when I really focused on the magazine business. And at 35, I would have said, Dont worry, its all going to be fine.espnW: How did you know publishing was the right career path for you?JC: At the age of 10, I had my first piece published in what was known as the Junior Post, which was part of the Yorkshire Post, and it was just for kids. I read it every week. And I got paid for it. So I thought ... I can actually do this. I can get paid to write, and this going to be fine. I wrote several pieces for them. I was getting paid £2 per piece, so I felt quite rich at the time.espnW: You had early success. But did you have any career setbacks? And if so, what did they teach you?JC:I think probably the moments of failure have been when I didnt really understand that other people were around to actually help me. There were moments when I thought I had to solve everything on my own, and I didnt realize that I had resources. In the past I interpreted their help as a critique. As Ive gotten older, Ive become much more effective at seeking and accepting help, and bringing other people into the discussion. You start to understand that you can control or fix everything on your own.espnW: What does your average workday look like?JC: I dont really have an average day, and that works for me. If I knew what I had to do ahead of time, I would be so depressed. I love the unexxpected.dddddddddddd I love change. I love things being thrown at me.espnW: Have you ever felt uncomfortable in a male-dominated work environment?JC: I was working in a café when I was about 21, and I had a male colleague kind of sexually harass me, and Ive never socked anyone as hard as I socked him. Thankfully, after that he never tried it again. [In my professional career], I havent felt as much uncomfortable as I felt irritated. I often feel [bothered] in entirely male-dominated environments, because diversity gives you a much wider point of view.espnW: What motivates you on the job now?JC: Trying to create big, new, excellent ideas, and finding new talent excites me. And taking a traditional magazine and bringing it to a platform like Snapchat. Or discovering a new voice is just super-exciting.espnW: Speaking of finding new talent, do you mentor emerging writers? And did you have mentors?JC: I dont think of things in terms of mentors. I think in terms of good colleagues and bad colleagues. And Ive had spectacular bosses. And Ive been incredibly lucky to work with some of the best people in media. And Ive learned from a handful of really bad people. In the workplace, I wasnt needy in terms of needing a mentor, but people would take me on one side because they understood I was young and hungry, and they wanted to help me. But I do the same for people that I think have spunk. When I feel particularly excited about people, I will endeavor to give them my learnings along the way. I dont think in terms of people I have mentored, and I never had a formal [mentoring] relationship. But in the fast business of media, you look for people who are fast and responsible. And when youre on the way up, youll look for those who are willing to help you get better.espnW: Best piece of advice youd give someone pursuing a career in journalism?JC: Be open to opportunity and be flexible. And always take the call, you never know where its going to go.espnW: What is your greatest passion right now?JC: Just how I can constantly produce and change magazines. Oh, and improving my paddle tennis game.Ericka N. Goodman-Hughey is a senior editor at espnW. Follow her on Twitter @ericka_editor ' ' '
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