If there's a trial, the video will probably be viewed in camera first by the judge and attorneys. I don't think there are rules of evidence specifically governing this kind of case the way there is with sexual assault and child molestation cases, but generally speaking, if the judge thinks that the probative value of the video is outweighed by its other potential effects - confusion of the issues, delay in the trial, whatever - that evidence can be kept out.
I'm not that up on the rules of evidence or criminal procedure, but I don't think that a description of the video's content can be substituted for the video itself; the rules tend to insist on originals of everything where available. Hopefully they can close the courthouse up somehow to prevent humiliation.
I have to think that it would be beneficial for all parties to settle out of court. He'll only serve a year or two if it all. The true punishment is that he'll never be able to work in this town again. A jail of your own making is often worse than a physical jail.
"All our dreams can come true -- if we have the courage to pursue them." -- Walt Disney
We must have different Gods. My God said "do to others what you would have them do to you". Your God seems to have said "My Way or the Highway".
Does anybody know where I can get video like this of Tom Wopat? Best I Can Do
"All our dreams can come true -- if we have the courage to pursue them." -- Walt Disney
We must have different Gods. My God said "do to others what you would have them do to you". Your God seems to have said "My Way or the Highway".
Barbour served 60 days for a far more heinous Crime
And didn't he settle in that case? I don't believe it actually went to a criminal court. He'd have gotten more if he'd gone to court.
"All our dreams can come true -- if we have the courage to pursue them." -- Walt Disney
We must have different Gods. My God said "do to others what you would have them do to you". Your God seems to have said "My Way or the Highway".
I can't imagine this actually going to trial. While everyone over at SP has been very respectful by not talking about it for the performer's sake, it seems like what went down is pretty unambiguous for management to take the actions they took (police response, quick firing...etc).
That said, if the video needed to be used as evidence, they could easily blur the image to show a crime took place without showing anything revealing.
If the audience could do better, they'd be up here on stage and I'd be out there watching them. - Ethel Merman
"If there's a trial, the video will probably be viewed in camera first by the judge and attorneys."
Perhaps, but it would be to determine admissibility. The mere fact it might embarass the victim cannot be taken into account, as a defendant has the right to confront his accuser and ALL evidence against him.
"I don't think there are rules of evidence specifically governing this kind of case the way there is with sexual assault and child molestation cases, but generally speaking, if the judge thinks that the probative value of the video is outweighed by its other potential effects - confusion of the issues, delay in the trial, whatever - that evidence can be kept out."
No. There are very set rules as to when something can be excluded (say, the police illegally obtained the video). Confusion of issues wouldn't allow for exclusion, and certainly a delay in trial has nothing to do with admission of evidence.
However, it is likely that the court would be cleared of spectators, so that only the jury would be viewing the video.
"I'm not that up on the rules of evidence or criminal procedure, but I don't think that a description of the video's content can be substituted for the video itself;"
It can't. And if the jury is not allowed to see the video, then a reference to the existence of one cannot be made. And since that is what the accused is being charged with, the tape is it. Without it there is no case.
"the rules tend to insist on originals of everything where available."
Absolutely. A copy can easily be doctored version of the original. Originals are necessary if possible.
"Hopefully they can close the courthouse up somehow to prevent humiliation."
Won't happen. Trials are a matter of public record. They need to be subjected to public scrutiny. At most the video will only be played to the jury.
These things have to be taken very seriously. Very little gets reported because of the power structure and victims wanting to protect their identities, but it's never okay and this stuff needs to be treated with zero tolerance.
People focus on SM/director confusion before they think about what the jerk is guilty of? Warped.
People actually expect everyone to post the exact same response and ignore anything else with respect to the articles and coverage of this case? Warped.
"What can you expect from a bunch of seitan worshippers?" - Reginald Tresilian
Your first inclination was correct, jsg. An illicit tape of the men of South Pacific would be equally disgusting and criminal. Charlie Brady is hot, but he has the right -- as all performers do -- not to be filmed without his knowledge.
Even if this jackhole cops a plea, won't he still have to register as a sex criminal?
Sorry, this thing has struck a sour chord with me. I find it an outrageous breach of trust and a glaring problem among theater professionals that needs to be aired.
I think many of us aren't discussing the case because we don't know the details. There's no public proof on either side. I'd prefer to make a judgment when more information comes.
Even if this jackhole cops a plea, won't he still have to register as a sex criminal?
I think he would only have to if the victim was under 18. There are so many rules and loopholes regarding the registry. If he does have to he may strike a deal so he won't have to. I believe that's what happened in the Barbour case.
"All our dreams can come true -- if we have the courage to pursue them." -- Walt Disney
We must have different Gods. My God said "do to others what you would have them do to you". Your God seems to have said "My Way or the Highway".
Matt, I'm so sorry I offended your delicate constitution with my response. I had read the whole thread, but did not find anything that would have precluded my responding in that fashion. I hope you are recovering from the shock my post obviously created for you.