Sunday, July 15, 2007

Back off, man

According to a report that hit the Boston papers this weekend, sources close to Asante Samuel say the corner-back is unlikely to go through with his threat to sit out the season.

I think this is called, in the parlance, "blinking first."

According to this source, it has "occurred" to Samuel, that he would be better able to showcase his abilities over the course of a full season...and would be more likely to avoid a catastrophic injury by being in "game shape." This reasoning all seems quite familiar to me.

Of course, this also means that, with this source close to him going public, his source has destroyed any of what little negotiating leverage Samuel may have had with a hold-out - which I still think was none at all.

Hubris and David McDade -

Anyone who reads my blog knows I have been posting here about the travesty that is the Genarlow Wilson case in Georgia - the then 17-year old convicted of child-molestation and serving ten-years for receiving a blow-job, freely given, from a then 15-year old at a party. Recently an appeals judge ruled that the punishment didn't fit the...crime, for lack of a better word (and I refuse to call our society setting an arbitrary age at which a person can legally consent to sex a crime).

The judge, in essence, changed the ruling to a misdemeanor and granted Wilson time served. For more details, see my other posts on Wilson - there are several.

Douglas County District Attorney David McDade, the DA who originally prosecuted Wilson, has appealed the ruling. Until the appeal is hear and ruled upon, Wilson will continue to languish in jail.

McDade is making no friends with Georgia law-makers according to a recent article in the Atlanta Journal-Constitution. His philosophy seems to be all or nothing, and that the law should have no gray area. It might just be me - but it strikes me that that philosophy is about to bite him on the ass based on the following passages from the AJC:

Douglas County District Attorney David McDade violated federal law when he distributed a videotape from a rape and child molestation case to legislators and journalists, the U.S. Attorney in Atlanta said Wednesday.

U.S. Attorney David Nahmias said in a statement that federal law prohibits the distribution of the Genarlow Wilson videotape because it depicts minors engaged in sexually explicit conduct. He warned that people who had received it would be in violation of federal child pornography laws

Federal law prohibits the distribution, receipt and possession of child pornography in most circumstances, Nahmias said...

McDade told the Associated Press that he was required to release the tape under the state's Open Records Act because it was introduced as evidence at the trial.

Nahmias, though, said federal law trumps any contrary requirement of the open records law.

Nahmias said that his office issued the statement to end further distribution of the videotape and advised those who possessed it to destroy or return it. His office, under federal policy, would neither confirm nor deny whether it was investigating the distribution.

State Sen. Emanuel Jones (D-Decatur) has called for an investigation to determine whether McDade violated federal law in distributing the videotape in response to requests under the open records law.

On Tuesday, Jones characterized the videotape as child pornography and called it "an absolute, utter disgrace" that a videotape of the raunchy party in a Douglasville hotel room that led to the conviction of Wilson on aggravated child molestation charges has been given to reporters and legislators.

Now, it might just be me, but - if you're a lawyer, isn't it just common sense that you wouldn't be able to distribute any sort of visual recording of teenagers having sex? No matter what the public access laws are? I mean, even I knew this dude was in trouble when I heard that the tape had been distributed based on public requests. Also, does it sound like the legislator wants to put the screws to McDade, the way McDade has been to Wilson? This isn't just an investigation. He's calling for the DA to be investigated for distribution of child pornography.

As the DA has supplied tapes to news outlets outside of Georgia, we're talking federal investigation and a sentence of at least 21 months, possibly longer, from the federal statutes that I have found. Once again, maybe it's me, but it seems to me that the legislator, in his own subtle way, is telling McDade to back-off.

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