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Head Coach [949]
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Sammy police tape?
May 25, 2012, 1:59 PM
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Local radio claiming that Clemson won't release the tape to the media. Anybody else heard about this? What reason could they have not to release the tape?
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110%er [7980]
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Because they don't have to?***
May 25, 2012, 1:59 PM
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CU Guru [1245]
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Actually they will at
May 25, 2012, 2:15 PM
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some point unless a judge blocks it.
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Trainer [43]
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Clemson Sports Icon [52215]
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Clemson Sports Icon [52215]
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Or rather...
May 25, 2012, 2:57 PM
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Exemption 7 of the FOIA, as amended, protects from disclosure "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual." (1)
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CU Medallion [18221]
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BOOM!***
May 25, 2012, 3:09 PM
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Hall of Famer [22966]
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thanks for the info.***
May 25, 2012, 3:14 PM
[ in reply to Or rather... ] |
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Starter [390]
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Are they worried about a verdict in Sammy's trial?
May 25, 2012, 3:43 PM
[ in reply to Or rather... ] |
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Is he in so deep they expect this to go to trial and they're concerned the video evidence not only won't exonerate him, but will be used to convict and receive a longer prison sentence?
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Ultimate Clemson Legend [105933]
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What reason could they have to release it? Why would they?***
May 25, 2012, 2:01 PM
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CU Guru [1218]
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The kid got caught with a little reefer....
May 25, 2012, 2:06 PM
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and pills that are prescribed to hundreds of thousands of college students. Big woo. This nonsense over the video is being pushed by Carolina fans who are looking for anything to bash CU. I don't think they want to compare respective rap sheets....
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110%er [8681]
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one of their players rap sheets is probably bigger than our
May 25, 2012, 2:48 PM
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whole team's
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110%er [3885]
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it just amazes me how some people want to know every detail
May 25, 2012, 2:06 PM
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of other peoples lives---I have my own---go get one yourself!
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Hall of Famer [22966]
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It not people.....its chickens
May 25, 2012, 3:18 PM
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just classless gamecock fans trying desperately to make something of nothing.
Curious how this issue never comes up with the monthly arrests of their "student-athletes" (chuckle)
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110%er [9120]
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Who the #### cares what they want?
May 25, 2012, 2:13 PM
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They want it for malicious reasons because they are immature and unprofessional ######. There is absolutely no reason to release it. He was arrested, and the police report shows that and why. Where were they to ask for the videos of the SCU players that have been arrested?
In summary, because #### them.
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Clemson Icon [26075]
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How were their requests handled in Columbia?
May 25, 2012, 2:18 PM
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Perhaps that could provide some clarity.
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Ultimate Clemson Legend [104995]
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Clemson fans don't lynch kids we just make fun of them.
May 25, 2012, 2:26 PM
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Ridicule is lots more fun.
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Ultimate Clemson Legend [104995]
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Comments coming from the media about the tapes...
May 25, 2012, 2:25 PM
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would contaminate the juror pool. How would you like to face a jury that had been exposed to that kind of publicity?
It's not a matter of if he did it or not, it's a matter of being denied a fair trial which is a constitutional right.
Now that leaves the prosecutor asking for a change in venue so it's not in the best interest of those that represent the People of Pickens County in court to have the video published.
If any of the coots want a lynch mob they'll just have to buy their own rope!
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CU Guru [1245]
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This situation
May 25, 2012, 2:34 PM
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will not go to a trial. No one believes that it will.
Also, dash cam vids are routinely released before trials. Heck, sometimes they are up on a news site a week or so after an arrest.
I know that's the argument (and I don't care one way or the other) - but it's a weak argument.
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Clemson Sports Icon [52215]
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Re: This situation
May 25, 2012, 2:42 PM
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That's at the police department/prosecutor's discretion. FOIA does not require the release of said tapes if it involves an ongoing investigation. The same way they don't have to release evidence reports, either. Clemson's response letter was in compliance with the law. See Exemption 7 of FOIA.
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Gridiron Giant [15357]
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Re: This situation
May 25, 2012, 2:47 PM
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why should the coots worry about the law. they certainly dont worry about ncaa rules.
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CU Guru [1245]
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As typical in
May 25, 2012, 2:49 PM
[ in reply to Re: This situation ] |
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such matters- there can be legit disagreements on whether a public agency is using an exemption properly or not.
The video will be released. It's just a matter of when.
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Clemson Sports Icon [52215]
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Gridiron Giant [15357]
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Re: Sure, it will be released
May 25, 2012, 2:53 PM
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and yet the dickweed kmac says clemson "refuses" to release the video. him and his cohort are scum, plain and simple.
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Clemson Sports Icon [52215]
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Re: Sure, it will be released
May 25, 2012, 2:54 PM
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Well, if they were the journalists they pretend to be, they would know this law as common knowledge.
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Trainer [43]
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Re: This situation
May 25, 2012, 2:58 PM
[ in reply to Re: This situation ] |
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Again, not true. Tapes are released all the time even when an investigation is ongoing. Does the name George Zimmerman ring a bell?
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110%er [5249]
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Didn't know
May 25, 2012, 3:00 PM
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there was video of him shooting Martin
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CU Guru [1245]
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There is video of
May 25, 2012, 3:02 PM
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him arriving at the police station, etc..
but of course it's a different situation.
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Clemson Sports Icon [52215]
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What exactly...
May 25, 2012, 3:04 PM
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Are you expecting to find on this video? The man was arrested for possessing drugs. He was cuffed, stuffed, and booked. Exactly what is the suspicion? That he had a couple of dead hookers in the trunk?
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CU Guru [1245]
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Re: What exactly...
May 25, 2012, 3:07 PM
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I didn't request it. Kevin McCrarey did. He just spent 2 hours on the radio explaining his reasons.
The reasons he gave were pretty simple. He stated he had received information that led him to want to see the video. The info he stated he had received was that there were other people there preventing the police officers from doing their job.
He wanted the video to see if that was true- or if he could tell by looking at the video.
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Clemson Sports Icon [52215]
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Oh, okay.
May 25, 2012, 3:09 PM
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So some #### fans call him up with rumors and insinuations, and he therefore thinks Exemption 7 doesn't apply.
I'm sure a judge will side with him. This is open and shut.
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CU Guru [1245]
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That would be a different
May 25, 2012, 3:12 PM
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argument.
Rumors and insinuations wouldn't be an argument in front of a judge.
An argument in front of a judge would center on the idea that a someone can't receive a fair trial.
The argument would be
1) He can receive a fair trial regardless
2) There won't be a trial in a situation like this anyway therefore arguing that it needs to be protected is moot.
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Clemson Sports Icon [52215]
TigerPulse: 100%
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So you're going to go to a judge and argue...
May 25, 2012, 3:15 PM
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"C'mon, your honor, everyone knows this ain't going to trial, so we should get the tapes anyway."
Let me know how that goes.
The only reason y'all want this tape is so you can plaster it on the Internet and laugh at Sammy, and you #### well know it.
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CU Guru [1245]
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Yes
May 25, 2012, 3:19 PM
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My argument would be
1) This will not involve a trial.
That's a reasonable argument.
Exemption 7 has loopholes. For example, courts have held that the mere fact that a case may go to trial is an inadequate basis for the invocation of Exemption 7
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Clemson Sports Icon [52215]
TigerPulse: 100%
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Then tell these radio clowns...
May 25, 2012, 3:21 PM
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To lawyer up and quit crying about it. Same with the rest of your fan base that is making too much of a deal over this. I think the glass house needs some new siding about now.
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CU Guru [1245]
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It's not really
May 25, 2012, 3:23 PM
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my interst to tell them to lawyer up or not.
They have a lawyer on retainer as members of the SC Press Corp - Jay Bender. He wrote the SC FOIA law.
So I would assume should they want to pursue it, they know what to do.
If they don't, they will wait like everyone else.
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Clemson Sports Icon [52215]
TigerPulse: 100%
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Re: It's not really
May 25, 2012, 3:26 PM
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I've spoken personally with Jay a few times, and I'm pretty sure he would agree that this is not worth the time. He's got a good head on his shoulders.
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CU Guru [1245]
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I think
May 25, 2012, 3:30 PM
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you are right that it's not worth the time.
But takes a suspect view of public bodies using the exemptions.
That's not to say they can't - and shouldn't.
Jay just got through arguing against a county police department that was trying to keep a video private that involved a murder- before the trial occurred.
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Clemson Sports Icon [52215]
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You're not understanding this.
May 25, 2012, 3:01 PM
[ in reply to Re: This situation ] |
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Police departments and prosecutors have the CHOICE to release the info, but if they decide not to while citing Exemption 7(B) of the FOIA, they are within legal grounds to do so.
This isn't hard to read/figure out.
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CU Guru [1245]
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Re: You're not understanding this.
May 25, 2012, 3:05 PM
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it's the FOIA recipient's discretion.
FOIA requests are turned fairly often, and the person/organization requesting the information petitions/goes before a judge- and the judge either agrees- or disagrees
the person/organization may decide not to pursue it that for - or they might. Up to them.
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Gridiron Giant [15357]
TigerPulse: 83%
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Re: You're not understanding this.
May 25, 2012, 3:07 PM
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here is what i understand. phil and kmac are scum. name me one time they ever did a foia on any of the 60 or so coot arrest while spurrier has been there.
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Clemson Sports Icon [52215]
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CU Guru [1245]
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Well
May 25, 2012, 3:11 PM
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In cases of felonies, etc- FOIA request for video are often turned down. That's true.
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Clemson Sports Icon [52215]
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Re: Well
May 25, 2012, 3:13 PM
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So why is it a shock that this one is also turned down?
I mean, good Lord. Just wait until the investigation is concluded and then send the request again. It's not hard. You'll get it in 20 days. Y'all quit whining about it down there. I know everyone's giddy that a Clemson player finally got in trouble to take some heat off of the Gamecock arrests, but c'mon. Enjoy your summer.
The police are following Exemption 7 and so far no one has been able to give a good reason why they shouldn't.
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CU Guru [1245]
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I wouldn't
May 25, 2012, 3:16 PM
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say it's a shock.
To answer your question though
1) This isn't a serious crime. In the cases of felonies, FOIA requests are often turned down. We have recent examples in Aiken, SC.
2) I am confident the investigation is concluded.
3) I have no problem waiting. I doubt I'd even look at it either way.
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Clemson Sports Icon [52215]
TigerPulse: 100%
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So why are we wasting our time arguing?
May 25, 2012, 3:18 PM
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The tape will have to be released eventually. People should just chill and wait. Clemson has followed FOIA properly.
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CU Guru [1245]
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I think
May 25, 2012, 3:20 PM
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we disagree on the nature of the FOIA denial.
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CU Guru [1245]
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Well- sort of
May 25, 2012, 3:04 PM
[ in reply to Re: This situation ] |
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it's the FOIA recipient's discretion.
FOIA requests are turned fairly often, and the person/organization requesting the information petitions/goes before a judge- and the judge either agrees- or disagrees.
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Clemson Sports Icon [52215]
TigerPulse: 100%
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Then they're welcome to do that.
May 25, 2012, 3:06 PM
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But they have to have a pretty legitimate reason (concrete evidence of a cover-up) to get it overturned.
Do you not see how an athlete with national prominence would have a hard time getting a fair trial if the video from his arrest were made public? Do you see that happening often with athletes of the same celebrity caliber?
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CU Guru [1245]
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actually
May 25, 2012, 3:09 PM
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they wouldn't have to have evidence of a cover up.
They'd have to prove that releasing the info wouldn't interfere with the listed reasons in the law that allow the information to be preserved.
No, I don't buy the "fair trial" argument because no one in the world thinks this would ever go to a trial.
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Gridiron Giant [15357]
TigerPulse: 83%
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Re: actually
May 25, 2012, 3:10 PM
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good lord i get it now, you are kmac. makes perfect sense.
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Clemson Sports Icon [52215]
TigerPulse: 100%
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It probably ISN'T...
May 25, 2012, 3:10 PM
[ in reply to actually ] |
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Just as it wouldn't for anyone in Sammy's situation with his first arrest. Ever heard of PTI?
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CU Guru [1245]
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I think that's what I just stated
May 25, 2012, 3:14 PM
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when I said no one believes this would go to trial.
So a defensive argument saying the FOIA request is denied to preseve a defendant's right to a fair trial seems somewhat weak
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Clemson Sports Icon [52215]
TigerPulse: 100%
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Again...
May 25, 2012, 3:15 PM
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You're going to argue to a judge that he should overturn the FOI denial because "it's probably not going to go to trial," even though no one knows for sure.
Okay.
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CU Guru [1245]
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YEs
May 25, 2012, 3:22 PM
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I would.
I looked it up very quickly.
Courts have ruled that law enforcement simply planning on a tiral doesn't exempt them from some provisions of exemption 7.
"The courts have held that the mere pendency of enforcement proceedings is an inadequate basis for the invocation of Exemption 7(A)"
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Clemson Sports Icon [52215]
TigerPulse: 100%
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Well, you boys pop some popcorn
May 25, 2012, 3:25 PM
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Tell Korncoot to lawyer up, and see what happens.
Eventually y'all will have the tape so you can laugh, put it on the Internet, and scream "Sammy Potkins!"
I'd push for the same thing with Gamecock players' arrest tapes, but then I remember that I have a life.
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CU Guru [1245]
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No thanks
May 25, 2012, 3:27 PM
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I'm not intersted in any of your suggestions.
I do like a good discussion though.
Not interested in namecalling or such stuff.
I am sure Clemson fans would never push for the release of such video for South Carolina players. Never would happen of course. 
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Clemson Sports Icon [52215]
TigerPulse: 100%
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Last word.
May 25, 2012, 3:28 PM
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I win. No take backs.
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Ultimate Clemson Legend [104995]
TigerPulse: 100%
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Look, you ignorant hick!
May 25, 2012, 3:24 PM
[ in reply to This situation ] |
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I wasn't arguing with anybody.
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CU Guru [1245]
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You were
May 25, 2012, 3:26 PM
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making an argument.
No one said you were arguing with anyone.
Signed,
Ignorant Hick
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Ultimate Clemson Legend [104995]
TigerPulse: 100%
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I didn't know court was in session.***
May 25, 2012, 3:27 PM
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CU Guru [1245]
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I think
May 25, 2012, 3:31 PM
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you can make an argument without being in court.
A position is an argument.
That doesn't mean you are arguing with anyone.
Signed,
Ignorant Hick.
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Rival Killer [2646]
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It would embarrass the Police Department that Sammy was
May 25, 2012, 2:28 PM
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to fast to be caught on tape.
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Varsity [110]
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Re: It would embarrass the Police Department that Sammy was
May 25, 2012, 2:36 PM
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People want to see how you run into the curb, have the smell of pot in the car, get caught with pills and aren't tested for DUI (alcohol or drugs). Tape may show something and I am sure that is what people are thinking. If any of us got stopped and the same situation occured we would get a field sobriety test.
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Top TigerNet [31021]
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And you do know you can refuse to take that test.***
May 25, 2012, 2:38 PM
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1st Rounder [617]
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ebidence***
May 25, 2012, 2:44 PM
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Clemson Sports Icon [52215]
TigerPulse: 100%
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Re: Sammy police tape?
May 25, 2012, 2:45 PM
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Here's why. Exemption 7 of the FOIA permits law enforcement/prosecution to withhold evidence in an ongoing investigation if releasing the evidence would hinder the investigation, or, as they pointed out, create the potential for an unfair trial.
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1st Rounder [617]
TigerPulse: 91%
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YES!! Release the tape, Prosecution has to drop it b/c of
May 25, 2012, 3:11 PM
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unfair trial due to Korncoot getting tape and showing it. Fantastic strategy! Put it in motion.
Just use any tape that could possibly look like him!
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Orange Blooded [3769]
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Ive never seen them release the tapes.......
May 25, 2012, 2:47 PM
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on any other cfb players arrested. Shoot, if they would have release them in seasons if Clemson fans asked for south carolina players videos.
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Replies: 68
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