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Auburn Rape Case Update

Started by jbcarol, September 21, 2016, 07:27:55 am

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jbcarol

Auburn tight end Landon Rice's attorneys issue statement following first-degree rape accusation

Quote"Landon was projected to start as tight end for the Auburn Tigers, but two days before their opening game against Clemson, false accusations and fundamental unfairness combined to prevent that from happening," said lawyers Mike Mastin, Augusta Dowd and Kelly Brennan in statement, according to Niziolek. "For the past several days, Landon and his family have been subjected to prejudicial and incorrect commentary in an environment that has not permitted them a full opportunity to be heard. Landon has not been charged with any criminal offense. When the true facts are revealed, those who made false accusations and vilified Landon will be held accountable."

Jay G Tate: Tight end Landon Rice, a true freshman who enrolled at Auburn in January, no longer is with the football team and a return is considered unlikely.

QuoteHe practiced throughout spring and fall camp, but two sources tell AuburnSports.com that Rice hasn't been spotted inside the Athletic Complex since last week.

Malzahn avoided Rice's name altogether.

Following Auburn's 51-14 win over Arkansas State, head coach Gus Malzahn confirmed true freshman tight end Landon Rice is no longer with the program.

Quote"He's left the team for personal reasons," Malzahn said. "He has a great family, and his brother (Logan Rice) still plays for us."

Rice was a 4-star prospect out of high school and was rated as the No. 8 tight end in the country for the class of 2016.

An incident report filed with the Auburn Police Department on July 27 accuses Rice of allegedly raping an identified 19-year-old female, according to the report.

The incident allegedly took place on April 12 in the South Donahue Residence Hall in the Devil's hours


QuoteThe status of the case is "inactive," according Niziolek, which does not mean the investigation is closed.

"Cases on inactive status are still open investigations, and there are various reasons why a case would be placed on inactive status," Auburn Police captain Lorenza Dorsey told the Ledger-Enquirer. "I can't speak to this case specifically, but some examples are: no active leads or suspect to follow up on, case is awaiting further action to be taken by court system, awaiting results of lab examination or analysis, etc."

The 19-year-old woman filed a protective order against Rice on Sept. 12, according to the report.
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jbcarol

https://twitter.com/JamesCrepea/status/778380643549970432

QuoteIn the state of Alabama, first-degree rape is a Class A felony that carries a penalty of 10 years to life in prison.

An Auburn police spokesman said the department notified Auburn University's Title IX office upon the incident being reported.

"Auburn Police followed established protocols and notified AU officials within the Title IX, Clery (Act) office of this incident/offense report when it was filed on July 27, 2016," Auburn police captain Lorenza Dorsey told AL.com on Tuesday.

It is unclear if or when Auburn University's Title IX office made anyone in the athletic department aware of the allegation against Rice, who participated during the football team's preseason practices in August.

In a statement to AL.com, a university spokesman said "we're prohibited from discussing any Title IX matters."

Auburn coach Gus Malzahn, who on Sept. 10 said Rice left the team for "personal reasons," declined to specify when he became aware of the allegation against Rice

"I've already answered the questions I'm going to answer regarding Landon," Malzahn said Tuesday.

Asked why Rice practiced with the team throughout the month of August in light of the rape allegation against him prior to the start of fall camp on Aug. 3, Malzahn declined to explain.

"Yeah, I've already answered that," he said.

On Sept. 15, Lee County Circuit Court judge Steven Speakman granted a temporary order of protection against Rice sought by a 19-year-old female, whose identity is being withheld by AL.com, who claims she was raped by Rice and requested the order of protection on Sept. 12 out of fear of "retaliation from (a) Title IX investigation" with the university.

A hearing in the case is scheduled for the morning of Oct. 4.
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Pulled(PP)pork

"in the Devil's hours"

bwahahahahaha


Pulled

jbcarol

Curated SEC Infotainment and aggregated college sports updates where it just means more on Hogville.net


jbcarol

Curated SEC Infotainment and aggregated college sports updates where it just means more on Hogville.net

jbcarol

Representative comments from Bama, Auburn fans

QuoteAUBURNMAN
1 hour ago

Give the kid his day in court.  There is no man that could not be accused of rape on any given day. Not saying this kid is innocent or guilty.  Let the courts decide and not the media or bama fans.


Bombingham
41 minutes ago

She went title 9 after they sweep it under the rug. Aubarn is the next Baylor
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KlubhouseKonnected

If Auburn is dirty so is Gus. You can't have it both ways. Deal with it.

jbcarol

https://twitter.com/JTalty/status/778675713897537536



QuoteRice repeatedly apologized in a series of text messages to the woman accusing the former Auburn football player of rape, according to documents released by the accuser's attorney on Wednesday.

Rice, whose attorneys called the rape allegation against him "false" in a statement released Tuesday - he has not been charged with any crime, left the Auburn football team approximately two weeks ago for what coach Gus Malzahn called "personal reasons."

The accuser's attorney, Jeff Herman, released six pages of text messages between Rice and the accuser.

"My client is a courageous woman who wanted to keep this matter private," Herman said in a statement. "However, given the statement made by Landon's attorney she feels it is important for her to speak up. She is thankful for the support from Auburn University and the criminal authorities along with her friends and family. She is a courageous example for women everywhere and refuses to be silenced."


"I said no to having sex," the accuser, who is a student at Auburn University, wrote Rice. "I didn't say it just to hear my own voice, I said it because I meant it. So the fact that you didn't respect me enough to listen really really hurts. I know you knew better than that. I'm saying this because I want you to know that what you did was wrong. Whether it was 5 seconds or it was 20 minutes, it was still wrong.

"So I'm texting you about this for two reasons. One because the next time you are in that position, listen and do not make another girl feel disrespected like I do. Two because I want you you to just leave me alone from now on."

Rice responded in a series of texts that included the word "sorry" five times.

"Yes I knew it was wrong and I am sorry," Rice wrote. "There is nothing I can do to make it right. I am really sorry. I should have never put you in that position, I was just in the moment. That is not the person kind of person I am. (Accuser's name) I am really sorry."

The accuser responded by saying she wanted Rice to leave her alone and he again apologized.

"Can we just put this behind us and don't tell anyone. I'll leave you alone," Rice wrote. "Once again I am really sorry and I feel terrible about it."

The accuser responded, "Just don't do it again."

The April 18 texts end with Rice writing, "I'm not. I'm really sorry."

Rice and his accuser did not exchange texts again until he sent a message to her on June 1.

"Hey just checking in on you and wanted to know if you are having a good summer," Rice wrote. "I'm not asking for you to forgive me but just hope you are doing well. Could u [sic] text back and let me know something please."

Two days later, the woman responded and asked Rice to "stop trying to reach out" to her by phone and social media.

"I said I wanted to be left alone," she wrote on June 3. "Im fine until I have to see or hear your name, so seeing it on my phone isn't what I want. It's bad enough having to hear my parents read an article about auburn football and it mention you, and then have them constantly question me on why I don't like you. I can't say anything because I'm that mortified by it. So please stop, I'm sorry but I just do not want to hear from you."

Rice asked if they could "please just let it go and never bring it up again" and promised to leave the accuser alone.

"Why?" she responded. "Because you don't want it getting around and possibly affecting football???"

Again, Rice apologized...
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DeltaBoy

If the South should lose, it means that the history of the heroic struggle will be written by the enemy, that our youth will be trained by Northern school teachers, will be impressed by all of the influences of history and education to regard our gallant dead as traitors and our maimed veterans as fit subjects for derision.
-- Major General Patrick Cleburne
The Confederacy had no better soldiers
than the Arkansans--fearless, brave, and oftentimes courageous beyond
prudence. Dickart History of Kershaws Brigade.

jbcarol

https://twitter.com/aldotcomSports/status/779475874672435200

QuoteA judge denied the motion for a one-week delay in the hearing on the order of protection against former Auburn football player Landon Rice filed by the woman accusing him of rape.

Lee County Circuit Court judge Steven Speakman denied the consolidated motion for a continuance and for expedited discovery filed by Rice's lawyers on Wednesday. Rice's attorneys were hoping the hearing, which remains scheduled for the morning of Oct. 4, would be delayed until Oct. 11.

The motion to dismiss the order of protection will be heard in conjunction with the scheduled hearing on Oct. 4, until then the temporary order of protection remains in "full force and effect," according to court documents filed Friday afternoon.

In the request for a dismissal Rice's lawyers, who claim the allegation against him is "false," state "there is no reasonable fear" of actions covered by the law regarding orders of protection, under which they contend the accuser does not "meet the definition of 'victim'" because "the definition specifically excludes casual relationships."

The motion states in a previous interview Rice's accuser "represented that she and (Rice) only exchanged numbers and talked, "but didn't really 'date.'"

On Wednesday, the accuser's attorney released a series of text messages in which Rice repeatedly apologized to the accuser, whose identity is being protected by AL.com.

On July 27, the accuser told Auburn police she was raped by Rice on the evening of April 12 at the South Donahue Residence Hall...
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jbcarol

https://twitter.com/aldotcomSports/status/781179084089004032

Cool customer?

Lawyers for former AU football player Landon Rice demand trial by jury decide order of protection from rape accuser
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jbcarol

https://twitter.com/JamesCrepea/status/781262001498644480

QuoteSince the order of protection was granted temporarily on Sept. 15, the accuser says she hasn't been contacted "directly or indirectly" by Rice, who has "indicated he will not be present on Auburn University campus or attend any University events," and because of this she wishes to have the protection from abuse order against him dismissed.

In a response to the petition from the accuser and her lawyers, Rice's lawyers refutes some of their claims and asks the protection from abuse be dismissed "with prejudice, as the action should never have been filed in the first place."

Rice's lawyers also state their previous statements "does not represent that (Rice) voluntarily agrees not to be present on Auburn's campus or attend any University events."
The accuser's lawyer, Jeffrey Herman, told AL.com his client stands by the accusation of rape and will allow the legal process to play out regarding her claim.

He seems to want to be there more than Cecil Newton, Sr. if that is possible.
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jbcarol

https://twitter.com/aldotcomSports/status/840679391877332998

QuoteLandon Rice, the former Auburn tight end who was accused of rape by a female student, has joined the football team at Mississippi Gulf Coast Community College, a source confirmed to AL.com.

Rice, who has not been charged in the alleged rape, is eligible and is expected to play for MGCCC this fall, according to a source who requested anonymity.

Rome, Ga. native has not spoken publicly since he left Auburn in September, amid a Title IX investigation into the rape accusation made against him. Rice's lawyers have claimed he passed a polygraph test as to the rape accusation.

Rice's accuser, who filed for an order of protection from abuse and was later granted a request for its dismissal, claimed she was raped by Rice on the evening of April 12 when she reported the allegation to Auburn police on July 27.

In September, the accuser's lawyers released text messages in which Rice repeatedly apologized to the accuser.

The accuser, whose identity is being protected by AL.com, started a text conversation with Rice at 9 p.m. April 18, six days after she later told Auburn police she was raped.

Quote"I said no to having sex," the accuser, who is a student at Auburn University, wrote Rice. "I didn't say it just to hear my own voice, I said it because I meant it. So the fact that you didn't respect me enough to listen really really hurts. I know you knew better than that. I'm saying this because I want you to know that what you did was wrong. Whether it was 5 seconds or it was 20 minutes, it was still wrong.

"So I'm texting you about this for two reasons. One because the next time you are in that position, listen and do not make another girl feel disrespected like I do. Two because I want you you to just leave me alone from now on."

Rice responded in a series of texts that included the word "sorry" five times.

"Yes I knew it was wrong and I am sorry," Rice wrote. "There is nothing I can do to make it right. I am really sorry. I should have never put you in that position, I was just in the moment. That is not the person kind of person I am. (Accuser's name) I am really sorry."

The accuser responded by saying she wanted Rice to leave her alone and he again apologized.

"Can we just put this behind us and don't tell anyone. I'll leave you alone," Rice wrote. "Once again I am really sorry and I feel terrible about it."

The accuser responded, "Just don't do it again."

The April 18 texts end with Rice writing, "I'm not. I'm really sorry."

Rice and his accuser did not exchange texts again until he sent a message to her on June 1.

"Hey just checking in on you and wanted to know if you are having a good summer," Rice wrote. "I'm not asking for you to forgive me but just hope you are doing well. Could u [sic] text back and let me know something please."

Two days later, the woman responded and asked Rice to "stop trying to reach out" to her by phone and social media.

"I said I wanted to be left alone," she wrote on June 3. "Im fine until I have to see or hear your name, so seeing it on my phone isn't what I want. It's bad enough having to hear my parents read an article about auburn football and it mention you, and then have them constantly question me on why I don't like you. I can't say anything because I'm that mortified by it. So please stop, I'm sorry but I just do not want to hear from you."

Rice asked if they could "please just let it go and never bring it up again" and promised to leave the accuser alone.

"Why?" she responded. "Because you don't want it getting around and possibly affecting football???"

Again, Rice apologized.

"It was a mistake and I know that it was wrong and I hope you know I'm sorry and I think about how wrong it was a lot," he wrote. "I know it pains you but please just keep it to your self (accuser's name) please. I'm sorry I texted you. Was just checking in on you. I'll leave u alone."

The accuser reiterated her wishes that Rice leave her alone.

"You do not have the right to contact me," she wrote. "Better yet, you do not have the right to shut me up. Trust me, it's not the story that I want people knowing. I'm not saying anything to save your promising football career, I'm not saying anything because I'm too embarrassed and I don't want people to know."

Rice acknowledged he was "in the wrong" and again apologized.

"I'm sorry," he wrote. "So should I delete your number and if I see you in public just walk by? Is that okay?"

The accuser then told Rice it was "in your best interest to stay the (expletive) away from me" to which he answered, "Yes mam."

A message left by AL.com for Rice's attorney was not immediately returned.

On Sept. 15, Lee County Circuit Court judge Steven Speakman granted a temporary order of protection against Rice sought by the 19-year-old accuser, who requested the order of protection on Sept. 12 out of fear of "retaliation from (a) Title IX investigation" with the university.
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jbcarol



Junior college did 'thorough investigation' of former Auburn tight end Landon Rice, coach Chad Huff says


QuoteMississippi Gulf Coast C.C. performed a "thorough investigation" into Landon Rice before allowing the former Auburn tight end to join its football program after a Auburn University Title IX investigation found he was responsible for sexual assault and suspended him from the school for eight years, according to the junior college's coach.

MGCCC coach Chad Huff told The Sun Herald the program looked into "all the details" before allowing Rice, who arrived at the junior college in the spring, to join the team.

"We did a thorough investigation of all the details involved with the mom, dad, all the attorneys at hand and their staffs and it was good," Huff said, according to the Sun Herald. "He has been awesome this offseason. He has been a leader who stepped up and nothing but positive and good for this football team. I'm hoping we can continue to count on him and see this thing on through."

Rice's accuser's family and lawyer were not contacted by anyone at MGCCC, according to a source with knowledge of the matter.

The report states Huff claimed he also consulted with Auburn coach Gus Malzahn about Rice, whose brother, Logan, is a wide receiver at Auburn.

Landon Rice left Auburn in September after a university Title IX investigation found he was responsible for a sexual assault in April 2016 and banned him from the school until the fall of 2024.

In April, a Lee County grand jury declined to indict Rice on any charge connected to the rape accusation made against him by a female student in July 2016. There is no statute of limitations for felony first-degree rape and there is a three-year statute of limitations on felony sexual abuse in the state of Alabama.

Later that month, a Twitter account appearing to belong to Landon Rice tweeted he received an offer from Louisville, which later denied it was recruiting him. The tweet and the account were later deleted.

Based on the findings of Auburn University's Title IX investigation, if a school in the SEC, Big XII, Pac-12 or Indiana University wished to sign Rice it would need to seek and be granted a waiver due to policies by those conferences regarding "serious misconduct."
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jbcarol

Michael Carvell‏ @Michael_Carvell

Former Auburn TE Landon Rice, found responsible for sexual assault, to play at Jacksonville State


QuoteLandon Rice's career at Auburn ended after he was found guilty of being responsible for sexual assault by a university Title IX investigation.

Now, he will play his football just up the road at FCS power Jacksonville State.

Coach JR Sandlin‏ @JR_Sandlin

It's OFFICIAL....

     Landon Rice is a JSU Gamecock.

     #StayCocky 🐓 #FearTheBeak 👌🏼
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