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Forums :: Blog World :: Michael Pachla: Evander Kane and Jimmy Vesey, the best laid plans...
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Wetbandit1
Vegas Golden Knights
Location: Hail Satan
Joined: 10.07.2010

Aug 4 @ 8:34 PM ET
Did you read the quotes from that article?

Her having surgery has absolutely nothing to do with it.

It's her claims now that it was not consensual...that's rape. The DA and cops cleared him.

She can sue him for being rough. That's damages but having rough sex isn't illegal. If she claimed at the time of the investigation that it wasn't consensual then you most certainly would have seen charges brought up against him.

Now she's looking for money and now claiming it wasn't? It doesn't add up. If she wants money for the surgeries that's one thing but that's not illegal.

If we are playing hockey at my house on my property and you get hit in the face and have damage to your eye from a puck I shot you can sue me. Same concept applies here. I didn't do anything illegal but you got hurt. Kane didn't do anything illegal (the police did cleared him) but she got hurt so she has every right to sue. My issue is now she's claiming it wasn't consensual.

- Stripes77


Where did I say he specifically did anything illegal? You can still sue someone for rape and it not be a criminal charge, just like the woman who's suing Derek Rose and the other 2 guys, and just like wrongful death. OJ was found guilty of being responsible for Nicole and Ron's murder. But he was found not guilty of murder in the criminal trial.

Documents filed July 1 in Erie County State Supreme on behalf of *edited* Court say Kane met her in a bar, invited her to what he said was a party and then attacked her, causing cuts and bleeding that required multiple surgeries. Without providing details of how she was injured, her lawyers said *edited* suffered "serious emotional trauma" and "serious, permanent and painful personal injuries."


I was one of the ones that said "let's hold off". It's easily verifiable to see if she had surgery(during the case) and I guarantee it'd be her main exhibit at trial.
Wetbandit1
Vegas Golden Knights
Location: Hail Satan
Joined: 10.07.2010

Aug 4 @ 8:38 PM ET
Facts mean nothing here, if Kane had 70 points last year, nothing would be said.
- SABRES 89


What facts? Nobody knows anything for a fact. It's all speculation. Patrick Kane led the playoffs in points with 23 (with Tyler Johnson). And look at the spectacle he created last year with eerily similar circumstances. Met a girl at a bar, coaxed her back to his place, rough sex occurred(maybe legal, maybe illegal), girl went to hospital, and everything spiraled from there.
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Aug 4 @ 8:48 PM ET
I was called a MORON today
- SABRES 89

So a normal day

SABRES 89
Season Ticket Holder
Buffalo Sabres
Location: I'm very Happy to be here. Las Vegas Via Buffalo N.Y.
Joined: 02.17.2007

Aug 4 @ 8:51 PM ET
What facts? Nobody knows anything for a fact. It's all speculation. Patrick Kane led the playoffs in points with 23 (with Tyler Johnson). And look at the spectacle he created last year with eerily similar circumstances. Met a girl at a bar, coaxed her back to his place, rough sex occurred(maybe legal, maybe illegal), girl went to hospital, and everything spiraled from there.
- Wetbandit1

Spiraled where ? Kane problems are over and done with it but we want to hang E Kane because of claims. what a shocker she's suing, who would have thought.
SABRES 89
Season Ticket Holder
Buffalo Sabres
Location: I'm very Happy to be here. Las Vegas Via Buffalo N.Y.
Joined: 02.17.2007

Aug 4 @ 8:51 PM ET
So a normal day


- homiedclown

Pretty much
Der Kaiser
Buffalo Sabres
Location: I Know Nothink ... NOTHINK!
Joined: 07.27.2007

Aug 4 @ 8:51 PM ET
Where did I say he specifically did anything illegal? You can still sue someone for rape and it not be a criminal charge, just like the woman who's suing Derek Rose and the other 2 guys, and just like wrongful death. OJ was found guilty of being responsible for Nicole and Ron's murder. But he was found not guilty of murder in the criminal trial.



I was one of the ones that said "let's hold off". It's easily verifiable to see if she had surgery(during the case) and I guarantee it'd be her main exhibit at trial.

- Wetbandit1


Feet on the air is studying law isn't he?

Maybe he could explain the difference between a crime like "rape" which results in criminal charges and potential jail time, in comparison to sexual battery, which is only a tort - not a crime - but gives the victim the ability to recover monetary compensation for damages that are caused by the tortious conduct.

Feet might explain that his law professors taught him consent is a defense to either the criminal charge or the suit for damages, and if he was thinking clearly he might recall that the reason the cops didn't prosecute Evander after the doctors were obligated to report the sexual nature of the young woman's injuries (under a completely separate law intended to catch domestic abusers) is that the young woman admitted, at the time, she had novrecollection of the evening. That inability to recall will make it difficult for her to say, now, she never consented to the conduct that caused her injuries.

If Feet was really paying attention, he might also point out the lower burden of proof that helps those who seek money damages, and point to the two OJ cases as examples of how those burdens work - They weren't certain enough OJ did it to send him to jail, but they were certain enough he did it to award the families money.

Finally - Feet might wonder how the girl could prove, under either evidentiary burden, that she didn't consent if she has no recall of the night. And that might explain Kane's decision to sue her right the hell back.

Of course, all this explaining would require feet to be a lawyer (YUCK!) and sober (boring as hell).
Wetbandit1
Vegas Golden Knights
Location: Hail Satan
Joined: 10.07.2010

Aug 4 @ 8:52 PM ET
Spiraled where ? Kane problems are over and done with it but we want to hang E Kane because of claims. what a shocker she's suing, who would have thought.
- SABRES 89


Spiraled with the speculation. I meant. It got out of control.
SABRES 89
Season Ticket Holder
Buffalo Sabres
Location: I'm very Happy to be here. Las Vegas Via Buffalo N.Y.
Joined: 02.17.2007

Aug 4 @ 8:54 PM ET
Spiraled with the speculation. I meant. It got out of control.
- Wetbandit1

Murray won't do anything with him until this case is over and the brass have all the facts.
dadeadhead
Buffalo Sabres
Location: I don't want to say Greztky was a dude when I was watching. Mentalorgasm5 , NY
Joined: 07.16.2006

Aug 4 @ 8:56 PM ET
Poor Gerbe.


Suicide Squad is getting awful reviews.
Der Kaiser
Buffalo Sabres
Location: I Know Nothink ... NOTHINK!
Joined: 07.27.2007

Aug 4 @ 8:57 PM ET
Poor Gerbe.


Suicide Squad is getting awful reviews.

- dadeadhead


Well knock me over with a feather.
SABRES 89
Season Ticket Holder
Buffalo Sabres
Location: I'm very Happy to be here. Las Vegas Via Buffalo N.Y.
Joined: 02.17.2007

Aug 4 @ 8:58 PM ET
Poor Gerbe.


Suicide Squad is getting awful reviews.

- dadeadhead

Well the media does know all
Wetbandit1
Vegas Golden Knights
Location: Hail Satan
Joined: 10.07.2010

Aug 4 @ 9:01 PM ET
Feet on the air is studying law isn't he?

Maybe he could explain the difference between a crime like "rape" which results in criminal charges and potential jail time, in comparison to sexual battery, which is only a tort - not a crime - but gives the victim the ability to recover monetary compensation for damages that are caused by the tortious conduct.

Feet might explain that his law professors taught him consent is a defense to either the criminal charge or the suit for damages, and if he was thinking clearly he might recall that the reason the cops didn't prosecute Evander after the doctors were obligated to report the sexual nature of the young woman's injuries (under a completely separate law intended to catch domestic abusers) is that the young woman admitted, at the time, she had novrecollection of the evening. That inability to recall will make it difficult for her to say, now, she never consented to the conduct that caused her injuries.

If Feet was really paying attention, he might also point out the lower burden of proof that helps those who seek money damages, and point to the two OJ cases as examples of how those burdens work - They weren't certain enough OJ did it to send him to jail, but they were certain enough he did it to award the families money.

Finally - Feet might wonder how the girl could prove, under either evidentiary burden, that she didn't consent if she has no recall of the night. And that might explain Kane's decision to sue her right the hell back.

Of course, all this explaining would require feet to be a lawyer (YUCK!) and sober (boring as hell).

- Der Kaiser


Well said.

I used the OJ comparison, because it really shows the difference in the burdens of being found guilty in civil vs criminal trial. I mean, sure there were numerous, shall we say "difficulties" in the criminal trial, but I think that more than anything highlights the difference between the two.

I think he really had no choice but to counter sue. If someone says you raped them and they sue you for it, if you're innocent you sue the piss out of them. Or if you're trying to appear innocent you sue right back.

It's a tough sell to be sure with having no recollection of the incident at first, but it could just be repressed because of trauma, and she's just starting to remember what actually happened, but that's for a psychiatrist to decide. But it has been repeatedly shown that a good number of people do not remember the actual traumatic event until far later, if at all. And being she had a head injury it's all the more likely she didn't remember until recently.


homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Aug 4 @ 9:02 PM ET
Poor Gerbe.


Suicide Squad is getting awful reviews.

- dadeadhead

He needs to watch the old punisher
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Aug 4 @ 9:03 PM ET
Well knock me over with a feather.
- Der Kaiser

Drink more

Post more
SABRES 89
Season Ticket Holder
Buffalo Sabres
Location: I'm very Happy to be here. Las Vegas Via Buffalo N.Y.
Joined: 02.17.2007

Aug 4 @ 9:03 PM ET
He needs to watch the old punisher
- homiedclown

I was called an IDIOT last week
Cptmjl
New York Islanders
Joined: 11.05.2011

Aug 4 @ 9:03 PM ET
Michael Pachla: Evander Kane and Jimmy Vesey, the best laid plans...
- Michael Pachla

Okposo the power forward? You're going to be very disappointed. Other then 2 games against the Pens in the playoffs 3 years ago the guy was softer than nielsen.

Also, okposo played decent with Bailey and Nielsen for a short stint and got far too much pp time saying he found success on another line without Tavares is a stretch. He'll put up some decent points and who knows maybe he will find some chemistry with somebody on your team but the guy is a no show in big games and is about as far from a power forward as a player can be. There's a reason we didn't resign him and it wasn't because he didn't want to stay.
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Aug 4 @ 9:03 PM ET
Murray won't do anything with him until this case is over and the brass have all the facts.
- SABRES 89

Cancer sucks
Wetbandit1
Vegas Golden Knights
Location: Hail Satan
Joined: 10.07.2010

Aug 4 @ 9:04 PM ET
Murray won't do anything with him until this case is over and the brass have all the facts.
- SABRES 89


I agree.

I was just saying that Patrick Kane was a big star, led the playoffs in points and the spectacle of what happened last year. So saying that if Evander scored 70 it wouldn't be talked about doesn't really add up.
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Aug 4 @ 9:04 PM ET
I was called an IDIOT last week
- SABRES 89

Badge of honor around here
Losman
Buffalo Sabres
Joined: 08.30.2006

Aug 4 @ 9:12 PM ET
GMTM simply has not done enough to get this team to the playoffs.

Okposo was a good add, but the Sabres need much, much more.

Adding Kulikov to the blue line would have been fine if it didn't come at the expense of Pysyk, who might have been the 2nd best dman on the team.

There are still plenty of UFA options out there. Hurdler, Pirri and Vrbata would provide the team with forward depth they desperately need.

Instead, GMTM is content to hope that internal options can deliver.

And the goaltending depth is abysmal. Lehner cannot be counted on to stay healthy and Nilsson is a sieve.

Expect this team to take a step back this season and the seat that Murray sits upon to get very, very hot.
jdfitz77
Buffalo Sabres
Location: buffalo, NY
Joined: 05.21.2007

Aug 4 @ 9:16 PM ET
As a player he's fine on the 2nd pair.
- sbroads24



Why do u think he needs a reduced role then?
2nd pair is what he's been since he got here
Slump Buster
Buffalo Sabres
Location: GM's are graded based on moves made before June 28th, apparently., NY
Joined: 10.24.2006

Aug 4 @ 9:18 PM ET
GMTM simply has not done enough to get this team to the playoffs.

Okposo was a good add, but the Sabres need much, much more.

Adding Kulikov to the blue line would have been fine if it didn't come at the expense of Pysyk, who might have been the 2nd best dman on the team.

There are still plenty of UFA options out there. Hurdler, Pirri and Vrbata would provide the team with forward depth they desperately need.

Instead, GMTM is content to hope that internal options can deliver.

And the goaltending depth is abysmal. Lehner cannot be counted on to stay healthy and Nilsson is a sieve.

Expect this team to take a step back this season and the seat that Murray sits upon to get very, very hot.

- Losman


The goal isn't to make the playoffs this year. It is to win a championship within 2 or 3 more years. We have a full roster - no reason to get marginal short-term upgrades.

Also, I must have missed the memo where he said he was done.
Wetbandit1
Vegas Golden Knights
Location: Hail Satan
Joined: 10.07.2010

Aug 4 @ 9:21 PM ET
The goal isn't to make the playoffs this year. It is to win a championship within 2 or 3 more years. We have a full roster - no reason to get marginal short-term upgrades.

Also, I must have missed the memo where he said he was done.

- Slump Buster


The goal is definitely playoffs this year. Bylsma said so, and Murray backed him up.
Slump Buster
Buffalo Sabres
Location: GM's are graded based on moves made before June 28th, apparently., NY
Joined: 10.24.2006

Aug 4 @ 9:22 PM ET
The goal is definitely playoffs this year. Bylsma said so, and Murray backed him up.
- Wetbandit1


Is the team goal to make the playoffs? Of course. But it isn't to make the playoffs while jeopardizing the future. None of the guys listed are upgrades.
Losman
Buffalo Sabres
Joined: 08.30.2006

Aug 4 @ 9:26 PM ET
Is the team goal to make the playoffs? Of course. But it isn't to make the playoffs while jeopardizing the future. None of the guys listed are upgrades.
- Slump Buster


How would signing Hudler and/or Vrbata and playing them ahead of Ennis and Moulson hurt the team's development?

If anything, those kind of improvements might at least lead to meaningful games in March and April which would be a great experience for the kids.

As it stands now, this team will likely be buried in the standings by American thanksgiving just like last season.
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