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Merriman's accuser plans civil suit

Discussion in 'Chargers Fan Forum' started by sdbound, Sep 11, 2009.

  1. sdbound

    sdbound Well-Known Member

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    To no surprise, the woman who accused Chargers linebacker Shawne Merriman of false imprisonment and battery isn't happy with the decision not to prosecute him.

    And, to no surprise, Tila Tequila Nguyen will pursue the day in court that prosecutors have declined to provide her, by filing a civil lawsuit against Merriman.

    The disclosure comes at the conclusion of the following statement issued by Nguyen's representative to TMZ.com:

    "Tila Tequila is the victim of a violent crime. The San Diego District attorney's decision not to press charges against Shawne Merriman for the battering of Tila Tequila demonstrates an unconscionable negligence in the discharging of their public duties. We strongly feel that justice has not been served in this matter.

    "Obviously, The San Diego Charger's NFL franchise brings millions of dollars in revenue to the city of San Diego, and it seems clear that other interests are being served by the DA's office than the upholding of the law. A young woman was violently beaten and choked, and the physical evidence is both overwhelming and disturbing. Tila's account of the events has remained consistent from the beginning, while Merriman's story has changed repeatedly.

    "Just because the DA has made this reckless decision doesn't mean that justice will not be served in this case. No one is above the law. Tila Tequila will immediately begin pursuing civil charges against Mr. Merriman and she will have her day in court."

    Whoever wrote that statement has little or no appreciation of the realities of the California criminal justice system. You know, the same criminal justice system that nearly 14 years ago allowed O.J. Simpson to get away with a double homicide. (Allegedly.)

    The contents of Nguyen's Twitter page, both the stuff that was deleted and the stuff that wasn't, persuaded us that her story would never hold up under aggressive cross examination, and that she'd likely be unable to otherwise control her emotions in the courtroom, doing things like huffing and puffing and rolling her eyes and making nasty faces and generally doing things that can alienate a jury.

    Basically, she would have been doing the kind of stuff she'll be doing if she sues Merriman and the case goes to trial.

    Then again, the fact that she comes off as (frankly) a complete flake doesn't mean she has no rights. And she has the right to pursue them in court. And even though no criminal charges were filed, she could still win a civil case against Merriman.
     
  2. Daddy_O

    Daddy_O Well-Known Member

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    There is nothing "Civil" about this tramp.
     
  3. HollywoodLeo

    HollywoodLeo Well-Known Member

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    I don't get how someone can have a case when the court of law already decreed there's not enough evidence.
     
  4. AnteaterCharger

    AnteaterCharger Calibrating Bolttalk, Podcast by Podcast Staff Member Super Moderator Podcaster

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    You can file a suit against anyone for basically any reasons. Doesn't start being cut down until preliminary hearings and legal conferences.

    To be honest she might actually win something on this - I've mentioned
    in other threads that battery and false imprisonment are not hard to meet especially in tort civil cases. But with so little obvious damages it's doubtful shed win much
     
  5. Ride The Lightning

    Ride The Lightning Join the Dark Side, we have cookies.

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    Gu3ess who's looking for some money?
    So typical.

    Leo, burden of proof isn't as a strick in a civil than a criminal case.

    edit: Ant beat me.
     
  6. Showmeyourbolt

    Showmeyourbolt Well-Known Member

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    Yea, you only need the preponderance of evidence to prove your case in a civil trial. But, the hospital didn't see anything wrong with her, and her actions later that same day don't actual help her case any. In a civil trial the defense should use all of those tweets to show how she hasn't been in distress whatsoever.
     
  7. HollywoodLeo

    HollywoodLeo Well-Known Member

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    Yeah, I knew this, I just don't get why.

    Seems like getting around double jeopardy to me just because one was a criminal case and the 2nd one is a "civil" case.
     
  8. Ray Dahayder

    Ray Dahayder BoltTalker

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    First of all, the fact that this lawyer is talking to TMZ.com like it's some legitimate, well respected news organization is hilarious. And, secondly, this statement here: "A young woman was violently beaten and choked, and the physical evidence is both overwhelming and disturbing." is also laughable. So, if she was so "violently beaten", where are the marks?

    Does Merriman even need a lawyer to win this case? I'd hate to be the judge on this trial...... I'm afraid I'd bust a stomach muscle trying to keep from laughing.
     
  9. Enormo

    Enormo BoltTalker

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    She's had her eye on this prize the whole time. Money and publicity... what a surprise.
     
  10. SDRaiderH8er

    SDRaiderH8er Well-Known Member

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    Counter Suit!

    Get her for every penny she has!
     
  11. wrbanwal

    wrbanwal Well-Known Member

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    No offense to Ant and other self respecting lawyers, but when all is said and done, only their lawyers will be laughing.


    :tdown:
     
  12. mandude

    mandude BoltTalker

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    She has to have damages. She can sue, and her burden of proof is lower, but she has to have damages.

    A judge or jury will have to determine how much pain and suffering a few bruises on the arm are worth. It's not going to be a lot. She may have one trip to the hospital, ambulence fee, and she'll probably go see a therapist or something and say she can't sleep since the incident. But if she has insurance, and no real day to day job, then she really won't have any major losses.

    Puntative and mentail distress damages rarely pay big dividends. Puntative comes from big corporations willfully making the same mistake over and over again, and profiting from it despite knowing what they did was wrong. While she's clearly upset, it will be hard to show real mental problems, especially since she is dating less than one week later.

    So while I agree it might be easier to win a civil (still very unlikely, given the police report, witnesses, and the fact they didn't even charge him, let a lone plain out just not find him guilty). She doesn't really seem like she'll have a lot damages to claim. The big money comes from when things happen at work. Kind of the perspective of everyone has the right to safe work enviroment. Or when a person inflicts major physical damage on you.

    So despite the media circus, the reality is she'd probably win a very small amount of money. but who knows. maybe he'll settle just to get rid of the whole thing.
     
  13. SDRaiderH8er

    SDRaiderH8er Well-Known Member

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    Why would Shawne settle doesnt that admit guilt?

    I would go after her, she is the one who started all this, and now she has dropped to this level, her feelings were hurt and now Shawne has to pay, I hope not. She is making money file a counter suit on her, his name has been all over, and its his credibility and reputation that has suffered.
     
  14. Kwak

    Kwak ....

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    The ho is just chasing the money bag now.
     
  15. AnteaterCharger

    AnteaterCharger Calibrating Bolttalk, Podcast by Podcast Staff Member Super Moderator Podcaster

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    I agree - for all his self righteous talk I doubt the defense attorney really thinks there's a case but this is his job, so he goes out and does what he can to help lead to a victory.

    And sometimes you'd settle a suit just to make the stupid thing go away, and not guilty/guilty/no charges in a criminal case can't be brought up in a civil case - different burden of evidence, different purpose.

    Mandude, agree - you basically nailed it
     
  16. boltssbbound

    boltssbbound Well-Known Member

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    First, a court of law did not decree anything. The DA determined that there was not enough evidence to bring charges against Merriman. Second, what happens in a criminal court does not prohibit someone from filing a civil suit.
     

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