Sit wrote:With the OJ Simpson case...the glove didn't fit, event though they still had enough evidence to convict him but because of the glove...he was set free! I don't understand why they let him off....some people I know reakon that the Jury were getting sick of the trial because it was going for 200 + days...I don't know. I was too young at the time to remember.
That's kind of what I was alluding to. If Kobe is found not guilty simply because there's not quite enough evidence or there's a problem with some of the evidence...is he really innocent? If so, then should we accept and believe that OJ Simpson is innocent as well? A jury decided that he was innocent, yet most people seem to believe he got away with murder.
Don't get me wrong. It would be very unfortunate if the allegations turned out to be true and Kobe was sentenced to prison for up to 20 years. I certainly don't want to see him there if he's innocent, nor am I hoping they'll find him guilty. But if he is, he should be punished the same as Joe Nobody.
I think that out of both of them- one of of them might be lying and it's pretty big to lie under oath.
That certainly remains a possibility, but I still think that if the accuser is lying, her mental problems might be the cause rather than greed. If she's so disturbed that she's somehow decided she was raped when it was actually consensual sex, has she done something wrong? Yes and no. It's a terrible accusation, one that has tarnished Kobe's reputation by making the affair public and dragging his name through the courts, but if she's not of stable mind, can you really say that she did it deliberately or maliciously? To put it another way, is she really a gold digger, or someone that desperately needs professional help?
If the scenario I mentioned before is what has actually happened, I suppose its up to the court to decide whether it should be treated as a false accusation. I would say that it shouldn't. After all, if people may have a reduced sentence for murder on the grounds of mental illness, then surely she shouldn't face a harsh penalty for a claim she (unfortunately) truly believes is genuine.
Of course, the prosecution will reject that claim, which should be easier now that the accuser's medical records cannot be used by the defense. The prosecution will say (quite rightly) that just because a person is mentally ill or promiscuous, that doesn't mean they cannot be raped.
But the trial will probably come down to "he-said, she-said", in which case it will probably be dismissed, which is basically the same as finding Kobe not guilty. I don't know if that would be a good thing, though. If the case is dismissed due to a lack of evidence, there will still be question marks, as there are with the OJ Simpson trial.
That brings me to my next point: would it be wise for Kobe to seek action against the accuser if the trial is in his favour (either not guilty or a dismissal)? I won't claim to be a legal expert either, but I would think it's in his best interests to put the whole ordeal behind him. The fact that he put himself in this situation by committing adultery has hurt his image. If she's going to be prosecuted for making a false accusation then so be it, but I think a civil case might actually make Kobe look like the bad guy.
It must sound like I believe Kobe is guilty, but again I, like everyone else, have no way of knowing whether he's guilty or innocent. I'm inclined to believe that he's innocent, but a lot of people forget that the accuser is innocent until proven guilty too (that is, guilty of making a false accusation). Even though I'm inclined to believe the scenario mentioned above, there's a possibility that Kobe committed a crime and she's telling the truth. At the very least, I don't think she's the gold digger she's often portrayed to be since the incident was first made public.
You know, even though I feel that some Kobe fans are a little hard on the accuser at times, I must admire your faith in Kobe and the way you support him unconditionally. I would like to think that I would show the same support if Michael Jordan had ever faced such charges.