Gophers basketball recruit Trevor Mbakwe accused of assaulting Miami woman, but

[NavinRJohnson]

but you cant draw any conclusions, either way, from what is in the article.

I can and will...she picked him out, he just happened to skip town for 3 weeks while school was in session, the police felt strongly enough about the evidence to arrest him and pursue charges, and those charges remain in place several months later (Likely after additional scrutiny/investigation). I am completely comfortable jumping to the conclusion that he is guilty of this. Is there a very small chance they got the wrong guy? Sure. Could he be found not guilty? Yep. Did he do it? I am completely comfortable saying yes, he probably did.

[GGGG]

Its called...looking at both sides of the issue.  Everyone immediately jumped out and assumed he is guilty, based on what is in the article. I took the other side, pointing out the potential flaws.

He very well may be a bastard, and assaulted her...but you cant draw any conclusions, either way,

...but you did draw conclusions.  You said "Yea...I'm calling BS on this girl."

Nice backpedal.

[4everwarriors]

maybe obama will invite Trevor and the girl to the white house for a beer.

First Michelle and B.O. will host them in NYC for dinner and a Broadway show, then bust out the Spotted Cow in their Washington digs.

[nyg]

Its called...looking at both sides of the issue.  Everyone immediately jumped out and assumed he is guilty, based on what is in the article. I took the other side, pointing out the potential flaws.

He very well may be a bastard, and assaulted her...but you cant draw any conclusions, either way, from what is in the article.

Sorry I didn't put it into legal-speak like nyg did.

Appreciate the "legal-speak" terminology, but more in line with simple police work or Investigator Basic Training I. The facts always come out and will be better answered when the media obtains a copy of the arrest warrant and the affidavit supporting it.  Well, at least a smart reporter would do that.... Remember, a magistrate signs the warrant following a review, so probable cause existed in the judge's decision. Should be a bigger story in Minneapolis than Miami.  

[GOMU1104]

...but you did draw conclusions.  You said "Yea...I'm calling BS on this girl."

Nice backpedal.

Dont bother to mention the reasons I am calling BS.

Whatever. I'm done with you.

[lurch91]

What I REALLY want to know is, was Mbakwe wearing his bike helmet?  Id hate to think what would ahve happend if he had fallen off his BMX.

[GOMU1104]

What I REALLY want to know is, was Mbakwe wearing his bike helmet?  Id hate to think what would ahve happend if he had fallen off his BMX.

I keep picturing Debo from Friday/Next Friday


I suppose that would qualify as me not using my Jesuit education...right Sultan?

[GGGG]

I suppose that would qualify as me not using my Jesuit education...right Sultan?

Saying your "done with" me and then calling me out = weak.

[ChicosBailBonds]

What are the differences between this and the Devendorf case?  Were there multiple witnesses in the Devendorf case.

Let's not forget our own Amal McCaskill had a similar situation but was cleared.

[ChicosBailBonds]

The Miami-Dade Police acted stupidly!

 

I just hope the professors at Duke University and the associated media don't get involved or the kid will be in the gas chamber by the end of the week.

[PJDunn]

Let's not forget our own Amal McCaskill had a similar situation but was cleared.

That may not be the best example of "justice" served.  Thank God that incident is way back in our rear view mirror.

[ChicosBailBonds]

That may not be the best example of "justice" served.  Thank God that incident is way back in our rear view mirror.

True....I guess I was merely pointing out that he was accused and later charges were dropped if I recall.  How they got to that ultimate decision I don't know.

[bartmiller#1]

The use of a photographic display is for probable cause only to obtain an arrest warrant, to go along with the victim's statement.  Since the party was held for the basketball team and the victim probably described the assailant as being extremely tall, the detectives put two and two together and I presume used the basketball team photos as the actual display.  The victim would then initial/sign and date the photograph she selected.

Did the victim immediately identify the assailant as Trevor or did she take some time pondering/deciding who it was.  That would be a factor at the time of presenting the case to a grand jury for indictments.  If indicted, the police then have the option of conducting an actual "person" lineup in the company of his defense team.

The fact Trevor made the statement that "some stuff happened" does mean he was aware of the incident in some nature.

The incident occurred on 4/3/09 and he was arrested on 4/28/09.  There are no facts as to when the victim actaully reported the crime to the police.  Was it the day of the incident or subsequent to, after she thought about it.  These are some serious injuries suffered by the victim and I cannot see the police waiting that long to file charges and start looking for him.  If an arrest warrant was issued days following the incident, they should have conducted the appropriate fugitive leads, contacted Minneapolis authorities, arrested him and then had him extradited.

According to the media, the initial charges are felony battery.  These could escalate to more serious charges as attempted rape, assault, etc., once the matter is presented to the grand jury.  

Have to wait for all the facts, but this could be serious if he is charged.   

All very well said. 

Two things I'd like to add: 

1.  The original press report states that the victim searched the team's photos on her own (that's the way I read it, anyway) after the incident. 

That's not a controlled photo array or lineup procedure.  It's her acting on a hunch that the guy could be viewed from some pictures online.  The fact that she "identified" Mbakwe based on a picture she found online, when she went online expecting to find the guy who attacked her, is not at all surprising (to me).  I don't believe that to be a reliable ID. 

Not saying anything about the ultimate issue-- I have no opinion about whether TM did it or not, other than to say I presume him to be innocent and I haven't seen anything to convince me otherwise from this report. 

2.  Were this case to go to trial the prosecutor would almost certainly ask the victim to talk about her id'ing of the photo as evidence of TM's guilt.  So while it's correct that at this point they're only using the photo ID to support probable cause to arrest, ultimately, if it gets that far, they're almost certain to use the same evidence to ask the jury to find guilt beyond a reasonable doubt.     

[BrewCity83]

If the bike don't fit, you must acquit!

[nyg]

All very well said. 

Two things I'd like to add: 

1.  The original press report states that the victim searched the team's photos on her own (that's the way I read it, anyway) after the incident. 

That's not a controlled photo array or lineup procedure.  It's her acting on a hunch that the guy could be viewed from some pictures online.  The fact that she "identified" Mbakwe based on a picture she found online, when she went online expecting to find the guy who attacked her, is not at all surprising (to me).  I don't believe that to be a reliable ID. 

Not saying anything about the ultimate issue-- I have no opinion about whether TM did it or not, other than to say I presume him to be innocent and I haven't seen anything to convince me otherwise from this report. 

2.  Were this case to go to trial the prosecutor would almost certainly ask the victim to talk about her id'ing of the photo as evidence of TM's guilt.  So while it's correct that at this point they're only using the photo ID to support probable cause to arrest, ultimately, if it gets that far, they're almost certain to use the same evidence to ask the jury to find guilt beyond a reasonable doubt.     

If she went online or used a basketball yearbook to ID the subject, you are right, it is not a controlled display.  But, it can still be used as PC to obtain the warrant.  If the Miami-Dade DA is smart, then he/she can obtain an order for an actual "In-person" controlled line up.  The line-up would consist of prosecutors and defense attorneys and if the victim selects the assailant immediately and with no hesitation, that is a bad sign for defense.  Some will argue that the photo display would incriminate the line-up, due to victim see ing the subject in a photo prior, but all that will be decided at a suppression hearing prior to trial.  Thats if a grand jury hearing the evidence determines there is enough for an indictment and charges in the first place.

The identity of the victim is also key.  In the Duke case, they were prostitutes/club dancers and were not really credible witnesses.  The DA in that case forced the issue on the grand jury and made numerous misconceptions, leading to an indictment that was then dismissed.  Sad.  In this case, was the victim a credible student, an athlete, cheerleader, etc.  

The only additional thoughts I can add are that according to the media report, the wounds are consistent with someone striking the victim in the face with a punch.  Can't imagine the force that a 6ft 7in 250 lb man would produce striking a woman in the facial area.  But the threats of ordering the victim to undress are even worse.  

Thats enough of the First 48/CSI stuff.  Now, how did the Minn Athletic Director not know of this for three months?

[Canned Goods n Ammo]

I can and will...she picked him out, he just happened to skip town for 3 weeks while school was in session, the police felt strongly enough about the evidence to arrest him and pursue charges, and those charges remain in place several months later (Likely after additional scrutiny/investigation). I am completely comfortable jumping to the conclusion that he is guilty of this. Is there a very small chance they got the wrong guy? Sure. Could he be found not guilty? Yep. Did he do it? I am completely comfortable saying yes, he probably did.

Can I ask an honest question? (this is by no means meant as a personal attack).

Why do people feel the need to jump to any conclusion?

Certainly the situation doesn't look very good. I completely understand that.

But, what's wrong with saying "I don't know what happened, this will be interesting to watch"

Is there a benefit to reading 2 or 3 news articles (plus Trevor's prior history) and them formulating your own very strong opinion on Trevor Mbakwe's guilt or innocence?

I am not TM's defender by any means, I'm just wondering why people come out with such bold stances on complete strangers. He'll get his day in court. The evidence will come out.  

EDIT: Spelling/grammar

[4everwarriors]

The accuser may be able to identify the defendant by his knee scar.

[Ellenson Guerrero]

http://ohiostate.scout.com/a.z?s=145&p=2&c=882817

Wow....

[NavinRJohnson]

But, what's wrong with saying "I don't know what happened, this will be interesting to watch"

I am not TM's defender by any means, I'm just wondering why people come out with such bold stances on complete strangers. He'll get his day in court. The evidence will come out.  

What's the difference? Who cares? If you choose to do that, good for you. If I or anyone else choose not to, what impact does that have on anyone's life, yours or otherwise?

What is wrong with suggesting that he probably did it on an internet message board?  As you said, he'll get his day in court. If I'm wrong, so be it, I'm wrong. Who has been harmed?

Let me guess, when election time rolls around, you are one of those 'undecided' voters.

[Ellenson Guerrero]

http://www.twincities.com/ci_12933678?source=most_emailed

more details

[Blackhat]

That's some pretty vicious stuff that happened to the victim in Miami.   Hopefully Mbakwe wasn't the man who did that.   

[MisterJaylenBrownMU]

Not sure if this has been posted yet, but at the very least it's an updated story.  Let's hope the allegations aren't true, for the kid's sake.

http://www.startribune.com/sports/gophers/52031427.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUX

University of Minnesota athletic director Joel Maturi said Wednesday that, when it comes to Trevor Mbakwe, the school will "do the right thing."

But Maturi isn't sure yet exactly what that means.

Mbakwe, the former St. Bernard's High School star who is a cornerstone of Gophers basketball coach Tubby Smith's incoming recruiting class, is facing a felony aggravated battery charge stemming from an April incident in Miami-Dade County in Florida. Mbakwe was going to school and playing basketball at Miami Dade College at the time.

According to published accounts of the police report:

On April 3 at a Miami apartment complex, a party was being held for the Miami Dade College basketball team. A woman who lived at the complex was walking from her vehicle to her apartment shortly before 3 a.m. when a man rode up to her on a bicycle. She ignored the man, who ultimately dropped his bike, approached the victim and attempted to pull her pants down.

After yelling for help, the victim was hit twice in the face, suffering a fractured cheekbone and a ruptured sinus. Later, the woman identified Mbakwe's photograph after an online search for the Miami Dade College basketball team.

Will Coleman, a teammate of Mbakwe's at Miami Dade, said on Wednesday that Mbakwe attended the party on the night of the incident.

Mbkawe left Miami and returned to Minnesota shortly thereafter. After retaining an attorney, he returned to Florida and was arrested April 28. He has since come back to Minnesota.

Mbakwe's court case is scheduled for Aug. 26.

His Florida attorney, Gregory Samms, said Wednesday he felt Mbakwe was the victim of mistaken identity, noting that another man in the Miami area has been making similar attacks while riding on a bicycle.

"This has been going on while Trevor has been in Minnesota," Samms said. "Anything that happened is inconsistent with Trevor or who he is."

Mbakwe did not return phone calls.

[willie warrior]

A real class act. But I guess we should give him the benefit of doubt. Innocent until proven guilty.

remember the Duke lacrosse team!

[reinko]

Yeah, good thing a 3 page thread about this very case doesn't exist in the SB...   

[Canned Goods n Ammo]

What's the difference? Who cares? If you choose to do that, good for you. If I or anyone else choose not to, what impact does that have on anyone's life, yours or otherwise?

You bring up a good point, and it doesn't really have any impact on me personally. We agree there. Also, I'm not trying to say that you shouldn't have an opinion (99.9% of this board is opinion).

I'm just asking if there is anything gained by immediately coming to the conclusion that he did it or didn't do it? I mean, at best, you'll get an "I told you so" out of it.

I understand that people like to speculate about sports (schedule, coaching, playing time etc.), but I don't really understand the want/need to for speculate on somebody's innocence/guilt. Again, this isn't a personal attack on you, or saying you can't have an opinion. I'm just trying to understand. I mean, sports are a hobby. Sexual assault is a real life crime.

What is wrong with suggesting that he probably did it on an internet message board?  As you said, he'll get his day in court. If I'm wrong, so be it, I'm wrong. Who has been harmed?

Let me guess, when election time rolls around, you are one of those 'undecided' voters.

See, here is another example of jumping to a conclusion based upon limited facts. You don't really know me. You don't know my politics. You don't know my values. How can you jump to the conclusion that I'm an "undecided voter" based upon a few message board comments?