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Woman says WSU coach stalked her

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  • #16
    Originally posted by shocker22
    I think this will turn into a non-issue. The accuser has to prove that Gene did these things...I think we need to hold off on judgement.
    Help me out here, I’m not following…The accuser doesn’t have to prove anything more at this point. The restraining order is in effect and as long as it’s not violated there are no criminal proceedings in order. The accusation has been made, which is enough to sway public opinion. I suppose if she’s after $$$ then she’ll have some proving to do.

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    • #17
      I believe that for a judge to issue the restraining order, the accuser will have to show some facts.

      The restraining order hasn't been issued yet. It has simply been requested via the petition.

      If the restraining order is issued, there will have been some facts/reasons, which won't be good for Gene.

      If the judge denies, then it will look like a frivilous effort by the woman.

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      • #18
        When my wife worked in a court clerks office, I got the impression that restraining/protection-from-abuse orders were pretty easy to obtain.

        Now if she goes through with a lawsuit, the burden of proof will surely be much greater.

        Can our resident attorneys chime in?

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        • #19
          Originally posted by Snapshot9
          Many years ago, when my last wife and I were separated, I left a rose and birthday card on her front porch for her while she was at work, and she got a restraining order against me .... Go figure.
          .
          Thats BS. 2 pac made a song about stuff like that. But I dont want to offend you *assuming you would be* so ill pm you the song title if you like.

          as to the matter with Gene. Im not saying hes guilty. I think the whole issue is BS. But when its somebody high profile like a coach its never good. The situation is a far cry from the Duke Lacrosse incident but that dude got fired for something his players were accused of. Imagine if HE was accused of taking part in those actions.

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          • #20
            Snap

            "My last wife," Snap?

            Does that mean your "most recent" wife, or your final one and that you've sworn off?
            8)

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            • #21
              Coaches call recruits alot all the time. Maybe she can hit? We could use a DH....
              YOUSUCKITPOX

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              • #22
                Originally posted by RoyalShock
                Can our resident attorneys chime in?
                I just did.

                Even if not difficult to obtain there has to be some legal justification.

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                • #23
                  I don't know what happened here, but typically, the accuser appears before the judge ex parte (without the other side being there) and makes a showing based on their evidence alone (usually presented in the form of a sworn petition) that a temporary ex parte restraining order should issue. If the accuser alleges facts sufficient to meet the elements in the statute, then the court will issue that order. It sounds like this has already occurred in March.

                  The court then sets a date for a temporary injunction hearing, at which both sides are allowed to present evidence (sort of a mini trial). It appears this is set for May 1. After that hearing, a temporary restraining order may or may not be issued by the court, depending on how the judge views the evidence. The court may vacate the ex parte order, modify it in some way, or continue its terms. Regardless of the outcome at the hearing, the court then sets a date for a permanent injunction hearing, i.e. a full trial.

                  As a practical matter, the result of the temporary hearing often leads the parties to enter into an agreed order without going to the expense of the full blown trial.

                  Also as a practical matter, many, many of these types of issues are settled with an agreed order, where, for example, one party agrees, without admitting fault, not to contact the other party.

                  Of course, with a public figure and the press involved, all bets are off in relation to what "typically" happens.
                  Wear your seatbelt.

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                  • #24
                    From what the paper reported it does not sound like the accuser is looking for a big pay day. She just wants to be left alone and recover her legal costs, which if true, lends credence to her story. Time will tell on this point though.

                    Then again, as other have said, it could be totally bogus case by someone looking to squeeze Gene or to otherwise harm Gene.

                    At this point, I don't believe there is much we or Eric Sexton can do other than to let the legal process play out. Hopefully, IF there is any truth to the allegations, it will be handled quickly and quietly with Gene placed on double secret probation for the remainder of his career. This is my most likely scenario.

                    If it is true and becomes a very public and prolonged matter Gene could be in trouble. I think Mike Gillespie's Dad lost his job at Florida A&M because of stalking charges.

                    If it proves to a totally bogus deal, hopefully, that will be widely publicized also so as to remove the tarnish from Gene's name.

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                    • #25
                      Originally posted by Born2Shock
                      Coaches call recruits alot all the time. Maybe she can hit? We could use a DH....
                      This situation is not at all funny, but this made me laugh out loud.
                      www.myspace.com/clarensau
                      it's what i do

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                      • #26
                        My dad told me "never feed stray dogs, because they will just keep coming back for more"
                        THE TRUTH SHALL SET YOU FREE

                        You can call me Bill

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                        • #27
                          I guess I had a slightly different take on that point than 1972. It may be more common than I think, but I don't think I've ever seen as part of a prayer for damages in these pfa cases the cotss associated with "hiding" or for missing work. So, those claims kind of made me scratch my head. Not that she may not be ultimately entitled to those things, but a bit out of the ordinary from my experience (which is admittedly limited on this particular subject).
                          Wear your seatbelt.

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                          • #28
                            On this particular issue the biggest damage has already been done. Nothing more will come of this other than a little more money spent on lawyers...

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                            • #29
                              I have no idea if this is true or not and we may never know. I do know that if this was a KSU or KU coach you guys would be all over it as proof of how dirty those programs are.

                              But hey, it's your board. :D

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                              • #30
                                Originally posted by BCSCat
                                I have no idea if this is true or not and we may never know. I do know that if this was a KSU or KU coach you guys would be all over it as proof of how dirty those programs are.

                                But hey, it's your board. :D
                                You are right. So what is your point? ;-)
                                Because Denny Crane says so Dammit!

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