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Sammy police tape?
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Sammy police tape?


May 25, 2012, 1:59 PM

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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Because they don't have to?***


May 25, 2012, 1:59 PM



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Actually they will at


May 25, 2012, 2:15 PM

some point unless a judge blocks it.

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Re: Because they don't have to?***


May 25, 2012, 2:56 PM [ in reply to Because they don't have to?*** ]

Yes they do.

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Re: Because they don't have to?***


May 25, 2012, 2:56 PM

http://www.justice.gov/oip/exemption7.htm

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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Or rather...


May 25, 2012, 2:57 PM

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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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


BOOM!***


May 25, 2012, 3:09 PM



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The definition of awesome!


thanks for the info.***


May 25, 2012, 3:14 PM [ in reply to Or rather... ]



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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... ]

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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What reason could they have to release it? Why would they?***


May 25, 2012, 2:01 PM



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"IDIOT POSTER OF THE MONTH SO FAR...GWP-- You have won IPM Award for your failure to completely comprehend a clear post & then choose to attack someone who points out your ignorance. While you are not yet in the same No Class Catagory as deRoberts, ClemTiger117 & Tigerdug23, you are getting closer to the Sewer Dwellers." - coachmac


The kid got caught with a little reefer....


May 25, 2012, 2:06 PM

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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one of their players rap sheets is probably bigger than our


May 25, 2012, 2:48 PM

whole team's

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Brad Brownell: more losses than any other coach in school history.


it just amazes me how some people want to know every detail


May 25, 2012, 2:06 PM

of other peoples lives---I have my own---go get one yourself!

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It not people.....its chickens


May 25, 2012, 3:18 PM

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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Who the #### cares what they want?


May 25, 2012, 2:13 PM

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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How were their requests handled in Columbia?


May 25, 2012, 2:18 PM

Perhaps that could provide some clarity.

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Clemson fans don't lynch kids we just make fun of them.


May 25, 2012, 2:26 PM

Ridicule is lots more fun.

2024 orange level memberbadge-donor-10yr.jpgringofhonor-clemsontiger1988-110.jpg flag link military_tech thumb_downthumb_up

Comments coming from the media about the tapes...


May 25, 2012, 2:25 PM

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!

2024 orange level memberbadge-donor-10yr.jpgringofhonor-clemsontiger1988-110.jpg flag link military_tech thumb_downthumb_up

This situation


May 25, 2012, 2:34 PM

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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Re: This situation


May 25, 2012, 2:42 PM

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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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Re: This situation


May 25, 2012, 2:47 PM

why should the coots worry about the law. they certainly dont worry about ncaa rules.

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As typical in


May 25, 2012, 2:49 PM [ in reply to Re: This situation ]

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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Sure, it will be released


May 25, 2012, 2:50 PM

After the investigation/trial is over.

But it doesn't really matter. Clemson is in compliance with the law.

http://www.justice.gov/oip/exemption7.htm

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Re: Sure, it will be released


May 25, 2012, 2:53 PM

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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Re: Sure, it will be released


May 25, 2012, 2:54 PM

Well, if they were the journalists they pretend to be, they would know this law as common knowledge.

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Re: This situation


May 25, 2012, 2:58 PM [ in reply to Re: This situation ]

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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Didn't know


May 25, 2012, 3:00 PM

there was video of him shooting Martin

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Clemson


There is video of


May 25, 2012, 3:02 PM

him arriving at the police station, etc..

but of course it's a different situation.

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What exactly...


May 25, 2012, 3:04 PM

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?

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Re: What exactly...


May 25, 2012, 3:07 PM

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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Oh, okay.


May 25, 2012, 3:09 PM

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.

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


That would be a different


May 25, 2012, 3:12 PM

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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So you're going to go to a judge and argue...


May 25, 2012, 3:15 PM

"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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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Yes


May 25, 2012, 3:19 PM

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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Then tell these radio clowns...


May 25, 2012, 3:21 PM

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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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


It's not really


May 25, 2012, 3:23 PM

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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Re: It's not really


May 25, 2012, 3:26 PM

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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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


I think


May 25, 2012, 3:30 PM

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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You're not understanding this.


May 25, 2012, 3:01 PM [ in reply to Re: This situation ]

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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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Re: You're not understanding this.


May 25, 2012, 3:05 PM

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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Re: You're not understanding this.


May 25, 2012, 3:07 PM

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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Very rarely are FOI requests...


May 25, 2012, 3:08 PM [ in reply to Re: You're not understanding this. ]

Overturned in cases of criminal investigation under Exemption 7.

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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Well


May 25, 2012, 3:11 PM

In cases of felonies, etc- FOIA request for video are often turned down. That's true.

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Re: Well


May 25, 2012, 3:13 PM

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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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


I wouldn't


May 25, 2012, 3:16 PM

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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So why are we wasting our time arguing?


May 25, 2012, 3:18 PM

The tape will have to be released eventually. People should just chill and wait. Clemson has followed FOIA properly.

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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


I think


May 25, 2012, 3:20 PM

we disagree on the nature of the FOIA denial.

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Well- sort of


May 25, 2012, 3:04 PM [ in reply to Re: This situation ]

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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Then they're welcome to do that.


May 25, 2012, 3:06 PM

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?

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


actually


May 25, 2012, 3:09 PM

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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Re: actually


May 25, 2012, 3:10 PM

good lord i get it now, you are kmac. makes perfect sense.

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It probably ISN'T...


May 25, 2012, 3:10 PM [ in reply to actually ]

Just as it wouldn't for anyone in Sammy's situation with his first arrest. Ever heard of PTI?

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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


I think that's what I just stated


May 25, 2012, 3:14 PM

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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Again...


May 25, 2012, 3:15 PM

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.

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


YEs


May 25, 2012, 3:22 PM

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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Well, you boys pop some popcorn


May 25, 2012, 3:25 PM

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.

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


No thanks


May 25, 2012, 3:27 PM

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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Last word.


May 25, 2012, 3:28 PM

I win. No take backs.

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


Look, you ignorant hick!


May 25, 2012, 3:24 PM [ in reply to This situation ]

I wasn't arguing with anybody.

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You were


May 25, 2012, 3:26 PM

making an argument.


No one said you were arguing with anyone.


Signed,
Ignorant Hick

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I didn't know court was in session.***


May 25, 2012, 3:27 PM



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I think


May 25, 2012, 3:31 PM

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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It would embarrass the Police Department that Sammy was


May 25, 2012, 2:28 PM

to fast to be caught on tape.

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Re: It would embarrass the Police Department that Sammy was


May 25, 2012, 2:36 PM

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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And you do know you can refuse to take that test.***


May 25, 2012, 2:38 PM



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We're friends. You laugh, I laugh. You cry, I cry. You jump off a bridge, I get in my boat and save your retarded a$$.


ebidence***


May 25, 2012, 2:44 PM



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Re: Sammy police tape?


May 25, 2012, 2:45 PM

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.

2024 white level memberbadge-donor-05yr.jpg flag link military_tech thumb_downthumb_up

[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


YES!! Release the tape, Prosecution has to drop it b/c of


May 25, 2012, 3:11 PM

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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Ive never seen them release the tapes.......


May 25, 2012, 2:47 PM

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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