As a man in the services you should know to gather all the facts before you jump to conclusions:
1) Q: Did you see the videotape before it was erased? Did it have an effect on this case?
A: Zero effect. The incident happened at Capital City Club in a small, dingy bathroom in what they call the back area, the V.I.P. area. There’s obviously no camera in the bathroom, and there’s no camera in the V.I.P. area. As far as it being erased, it really wasn’t. Technology’s really not my thing, but they had viewed it. They had viewed portions of it. But there’s no camera that would’ve shed any light one way or the other on anything relevant. There are some surveillance cameras, and they do show – and they have seen them – Mr. Roethlisberger and his party coming in first; the victim and her sorority sisters came in later. But that’s not in dispute. I’ve read all this stuff about this tape being erased. That really is a non-issue.
Now why didn't he mention the condition of the lady when she was leaving which is not a non issue. Has anyone ever questioned why the public never saw these tapes?
2) Q: Was there any evidence or lack of evidence that swayed your decision one way or the other?
A: The crime of rape has three elements: sexual intercourse, which requires penetration, forcibly, and against her will. All three elements, I’ve got a problem proving all three of those. It’s not the DNA. It was human. We can tell it came from a male. And we can tell it’s DNA. But that’s all they can tell you. It’s such a minute sample they said ‘Don’t waste your time sending Mr. Roethlisberger’s or anybody’s DNA here. It will just sit in a bag. We can’t profile it, compare it, to anybody.’ DNA we can get through a search warrant, but there was no need to compare it to anything here.
I wonder why he could not tell us more.
This statement blew my mind.
3) Q: What did he say in his statement?
A: I’ll answer what did she say and what did he say, OK? Let’s start first with what did she say, and I’m not going to go into all of the salacious details. There’s been a spectrum of her statements. Her immediate outcry, it was her sorority sisters. When she left the bathroom, she indicated to her sorority sisters, who were there, that she wanted to go home, and quite candidly it was her sorority sisters who were concerned and said, no, she didn’t need to be back there with Ben because she was too drunk to be back there with Ben. It was her sisters’ idea to go report this to the police. So it was immediately reported to the police. There are a lot of Milledgeville police working the streets where the bars are. This is a college town. And when they took her to the first officer, he said it was mostly the sorority sisters who were talking and there was a lot of confusion, and he could tell they were trying to report something; it sounded like sexual assault. And the first words out of his lips, the police officer’s, he said, ‘Did he rape you?’ And her response was, ‘No.’ Next, the first officer said, ‘Did they have sex?’ And she said, ‘Well, I’m not sure.’ And then – and I’m giving you the spectrum here – we go to her first statement in her own handwriting, and I think it’s still pretty clear she was still intoxicated at that point; this was down at the Milledgeville police station. And she said in her own handwriting, ‘I don’t know if this is a good idea. He said It’s OK. He had sex with me.’ Then the progression will go to her second statement, in her own handwriting, and this is probably 12, 13 hours later, again at the Milledgeville police department. She’s sober by now and coherent, and in her own words she said, and this is in her handwriting, ‘I told him it wasn’t OK. No. We don’t need to do this. And I proceeded to get up and try to leave. I went to the first door I saw, which happened to be a bathroom. He followed me into the bathroom and shut the door behind him. I still said no. This is not OK. And he then had sex with me. He said it was OK.’ And I’ll give you one more at the hospital: The doctors and nurses have in quotes, and this will be coming from the victim, ‘A boy kind of raped me.’ I don’t really want to go any further than that, but I’m trying to give a fair spectrum of the progression from the initial statement.
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THANKS for the comment you left on my article!! It's a small world -- I, too, graduated from the UPJ!! I hope to see more of your comments in the future (maybe an article or two?!)!!
Take care and God Bless!
The Steel City Sports Fan (Penguins Edition)