Interpretive question about the tape

[OrangeTarheel]

The biggest, and really only, question about this tape is: It existed in 2005 when BSK did their investigation. So what does their report say about it and how did they dismiss this thing? I believe whatever investigation they did would be on the level and Cantor was chancellor at that time so it's not like there would have been some kind of coverup. At least I find that nearly impossible to believe. So on what basis was it thrown out in both 2003 (by the PS and ESPN) and in 2005 by BSK and Univ?

Yes yes yes. We absolutely need answers to these questions ... and soon. If the university investigated Bernie then is there any way on this earth that JB wasn't interviewed and made aware of the allegations? If the tape was part of that investigation then why was Bernie allowed to stay? Those better be some darn good answers b/c the university is getting its reputation tarnished every minute we wait to address this.

 

[tptcuse]

I'm not going back on my "assuming the worst" thing, but if we're playing the what's strange about the tape game it is odd that she so pointedly references that he has a reached a point where he no longer believes he did it or knows he did it or whatever she said (he's living in denial). Like they were making sure to get that out there - oh, yes, he's going to deny it and he's going to believe he really didn't do it!!

I agree...An interesting thing to ponder after he is fired. Hopefully today.

 

[AZOrange]

Yes yes yes. We absolutely need answers to these questions ... and soon. If the university investigated Bernie then is there any way on this earth that JB wasn't interviewed and made aware of the allegations? If the tape was part of that investigation then why was Bernie allowed to stay? Those better be some darn good answers b/c the university is getting its reputation tarnished every minute we wait to address this.

As someone said earlier this week (Jake maybe), the BS&K report is the most important detail right now from SU's perspective.

 

[CuseCPT]

Agree. The tape sounds very scripted. They are talking about the fact that Davis was molested by LF's husband, yet no one is even remotely emotional about it.

The banality of evil perhaps.

 

[Dick_in_MI]

Dick:

Good question. Basically, if there was a hypothetical trial of Fine, this tape would be highly, highly unlikely to be admissible. The rules of evidence don't allow testimony from persons on matters for which they lack first-hand knowledge. So Laurie afine's suspicions, beliefs, and opinions are legally irrelevant. Moreover, her statements are basically hearsay. And to e extent she says on the tape what Bernie supposedly told her, that would be hearsay -- an out of court statement by LF as to what BF supposedly said to her. Now, in a hypothetical trial, LF might be able to come into court and say what BF said to her. But LF and/or BF might have a privilege to prevent her from testifying. Regardless, the tape itself would likely be inadmissible hearsay.

If the question whether LF and Davis had sexual relations were a relevant issue in a case in which LF was a party, her admissions on that issue would not be hearsay. Similarly, if BF had been the one on the phone, his statements would ot be hearsay in a case where he is a party.

Got it. Thanks.

When I first learned of the tape this AM, my thought was "why didn't ESPN use this years ago?" I'm guessing their attorneys listened to it and concluded the same thing that you did.

 

[pistolpe]

that will be the defense in court. Might very well work there. Not in the court of public opinion though.

Dash is 1000% correct, in the court of public opinion the damage is done.

 

[midloviking]

Hearsay or not, ESPN could have forwarded a copy of the tape to authorities to prevent future abuses.

 

[kingottoiii]

Two more things about the tape

1. She never said that she saw Bernie do anything. Later in the OTL piece Davis said that she did see Bernie do something to him in the basement but it happened his JR or SR year. Which could put him at 18.

2. She said "You know what, and neither did I, because I really helped screw you up a little more, too". That statement alone appears that she molested him as well. Only Davis said it was after 18. Just using the tape without Davis' interpretation, you cannot tell that she had sex with him or that it was after he was 18. The same can be said of Bernie.

 

[ruggerpa]

Agree. The tape sounds very scripted. They are talking about the fact that Davis was molested by LF's husband, yet no one is even remotely emotional about it.

I actually found it odd that Davis chuckles a few times on the tape

 

[rstone7727]

Lets do the math, (2)Davis, Plus(2)Lang, Plus(2)Tape, Plus(2)Laurie, Plus(2)Tomasseli = (4)innocent.

 

[longislandcuse]

I just wish for my sanities sake that someone involved in this mess wasnt a complete disaster. Bernie-gay possibly bisexual cheating possible child molester. Laurie-sociopathic cheating trashbag. Lang-drunken mess. Davis-in another world. Tomaselli-father says is lying and has sexual assault case pending against him and takes claims to Facebook?? Who the #### are you supposed to believe wholeheartedly in this fiasco.

 

[arbitragegls]

...now what to believe and not; what is legal vs moral vs truth and heresay...damn this whole thing. We need to part ways with Bernie now; JB should do be quiet and rest on his last few interviews where he said if facts change than I need to reevaluate my position...facts are changing and JB can change his position...hopefully JB and Univ in clear