Any word on Hardy?

[darthseinfeld]

If you have honestly researched the full known details of this case, there is no way you would know with any certainty whether hes guilty or innocent. The bottom line is the case was dismissed and he is not a "convicted woman beater". Assume what you will, theres no convincing those whose minds are already made up.

This is the guy that threw out there that he was on roids. I dont think he has an issued assuming anything

 

[jrumann59]

He was actually convicted on two charges.

“The court is entirely convinced Hardy is guilty of assault on a female and communicating threats.”
– Mecklenburg District Judge Becky Thorne Tin, announcing verdict.

The victim received some financial out of court settlement then disappeared.
Once she is MIA the conviction was overturned.

I don't think this makes Hardy the devil but anyone trying to argue he is some poor mistreated 280 pound rich man is basically lying to themselves.
He was seen raging at her a few different times in public and her testimony was consistent as to what had occurred over time.
There were other witnesses who backed up her claims to various extents.
He threatened her and he was jealous. There was an altercation where she was visibly bruised and kicked out of the house.

This is like people saying it is all Ray Rice's fiance's fault she got knocked out....
Just stop.

Hardy himself admitted she pushed his buttons and that he kept breaking up with her but still seeing her.
He claims she was the instigator and she may have been ... but she didn't choke or bruise herself.
Hopefully he's learned to move on and walk away.

I don't think he should be barred from any additional games for what happened as 1 year is significant punishment and domestic arguments and threats then use of force without any deadly intent are not felonies. But they are also not nothing. He should get to play this season IMHO but no one should get to pretend it just didn't happen because a witness flew the coop 6 months later and with a check.

From a cursory search of Judge Tin she does have a bias about her. In family court which she presided she tended to favor mothers over any other parent/guardian/relative. Her party affiliation didn't surprise me. Its not uncommon in the US for judges to use the bench to further one's agenda and career for higher calling.

 

[AzorAhai]

From a cursory search of Judge Tin she does have a bias about her. In family court which she presided she tended to favor mothers over any other parent/guardian/relative. Her party affiliation didn't surprise me. Its not uncommon in the US for judges to use the bench to further one's agenda and career for higher calling.

Thats another non discussed issue. He's a big time star athlete, shes a relatively small time judge. Being the Judge who convicted him in her court could have definite advantages to her career from an advancement and political standpoint.

 

[TheDude]

Seri

Evidence was not overwhelming, you haven't even seen the pictures. He was convicted of a misdemeanor in a state that uses that conviction more like a grand jury indictment since it can be vacated with a simple appeal. If the evidence was overwhelming he would have gotten convicted of a higher charge.

Serous question. Have you seen them? The judge made reference to them in her verdict

 

[speedkilz88]

Seri

Serous question. Have you seen them? The judge made reference to them in her verdict

 

[TheDude]

You've got the bench trial in NC completely wrong. There is nothing 'backwoods' about getting a jury trial, that is one of the biggies in the Constitution. A bench trial is basically an arbitration with a a judge that never goes more than one day. It is not a real trial and they don't even keep transcripts. It is a way to keep the simple cases out of Superior Court. All guilty verdicts are immediately vacacted when appealed. That is the same as never happening.

This is not true. If you do not appeal within 10 days, that verdict holds. Most misdemeanor convictions are not appealed. It is the same process as a speeding ticket - though 2% of those are appealed.

 

[TheDude]

I'll take that as a no. Yet you concretely state that the evidence was not overwhelming.

Face palm for sure

 

[AzorAhai]

This is not true. If you do not appeal within 10 days, that verdict holds. Most misdemeanor convictions are not appealed. It is the same process as a speeding ticket - though 2% of those are appealed.

Mr. Hardy, I'm 100% sure you ran that red lig... wait, ahem... sorry wrong case.

 

[Nightman]

He was actually convicted on two charges.

“The court is entirely convinced Hardy is guilty of assault on a female and communicating threats.”
– Mecklenburg District Judge Becky Thorne Tin, announcing verdict.

The victim received some financial out of court settlement then disappeared.
Once she is MIA the conviction was overturned.

I don't think this makes Hardy the devil but anyone trying to argue he is some poor mistreated 280 pound rich man is basically lying to themselves.
He was seen raging at her a few different times in public and her testimony was consistent as to what had occurred over time.
There were other witnesses who backed up her claims to various extents.
He threatened her and he was jealous. There was an altercation where she was visibly bruised and kicked out of the house.

This is like people saying it is all Ray Rice's fiance's fault she got knocked out....
Just stop.

Hardy himself admitted she pushed his buttons and that he kept breaking up with her but still seeing her.
He claims she was the instigator and she may have been ... but she didn't choke or bruise herself.
Hopefully he's learned to move on and walk away.

I don't think he should be barred from any additional games for what happened as 1 year is significant punishment and domestic arguments and threats then use of force without any deadly intent are not felonies. But they are also not nothing. He should get to play this season IMHO but no one should get to pretend it just didn't happen because a witness flew the coop 6 months later and with a check.

There is no evidence of a settlement. Ms Holder never showed last Spring for the Peace Order hearing and her attorney resigned the case, something he had not done in 20 years. She then had to be dragged to the bench trial. The DA said something about a settlement to cover their butts. It was extremely unprofessional and it would actually be criminal if there was a quid pro quo. That would be witness tampering. I think they would charge that if they could prove it. If they can't prove it they shouldn't say it.

 

[TheDude]

Mr. Hardy, I'm 100% sure you ran that red lig... wait, ahem... sorry wrong case.

Yes traffic tickets and abuse midemeanors are handled the same way in NC. Its a fact - right or wrong

 

[Nightman]

This is not true. If you do not appeal within 10 days, that verdict holds. Most misdemeanor convictions are not appealed. It is the same process as a speeding ticket - though 2% of those are appealed.

What did I get wrong?

You've got the bench trial in NC completely wrong. There is nothing 'backwoods' about getting a jury trial, that is one of the biggies in the Constitution. A bench trial is basically an arbitration with a a judge that never goes more than one day. It is not a real trial and they don't even keep transcripts. It is a way to keep the simple cases out of Superior Court. All guilty verdicts are immediately vacated when appealed. That is the same as never happening.

 

[jterrell]

There is no evidence of a settlement. Ms Holder never showed last Spring for the Peace Order hearing and her attorney resigned the case, something he had not done in 20 years. She then had to be dragged to the bench trial. The DA said something about a settlement to cover their butts. It was extremely unprofessional and it would actually be criminal if there was a quid pro quo. That would be witness tampering. I think they would charge that if they could prove it. If they can't prove it they shouldn't say it.

you mean except for the word of the prosecutors?
Hardy, who made $13.1 million last year while on the commissioner's exempt list, agreed to pay an undisclosed financial settlement to Holder, according to prosecutors.

 

[AzorAhai]

Yes traffic tickets and abuse midemeanors are handled the same way in NC. Its a fact - right or wrong

I don't doubt it, I just think its funny. Try Greg Hardy one day, next day back to traffic tickets.

 

[jrumann59]

http://www.avvo.com/legal-guides/ugc/how-does-the-criminal-justice-system-work-in-north-carolina-][/url]
Misdemeanor Cases
For misdemeanor cases, the District Court has exclusive "original" jurisdiction, which means that all misdemeanor crimes are tried initially in District Court (unless the misdemeanor was committed as part of the same act as a felony, in which case both are tried together in Superior Court). A criminal trial in District Court is always a "bench trial." However, because the Sixth Amendment to the United States Constitution guarantees a person charged with a crime the right to be tried by a jury, a defendant convicted of a misdemeanor in District Court has the right to appeal his conviction to the Superior Court for a new trial (essentially starting over) in which the trial must be before a jury. If a defendant pleads guilty to a low-level felony in District Court and appeals the judgment, there is no new trial in Superior Court. Because the plea is treated as if it had been done in Superior Court, any appeal from the judgment goes to the appellate division.

Bench trials are automatic for misdemeanors unless there was felony also committed. It is meant to keep the slugs moving through the courts and leave the more harrowing crimes for superior court. Most guilty verdicts do get appealed to Superior Court.

 

[TheDude]

What did I get wrong?

You've got the bench trial in NC completely wrong. There is nothing 'backwoods' about getting a jury trial, that is one of the biggies in the Constitution. A bench trial is basically an arbitration with a a judge that never goes more than one day. It is not a real trial and they don't even keep transcripts. It is a way to keep the simple cases out of Superior Court. All guilty verdicts are immediately vacated when appealed. That is the same as never happening.

Probably just combing to literally. It was a real trial. It is 100% vacated after appeals. Most misdemeanor trials do not get appealed.

He appealed and rightfully so. Good lawyering hiring the reporter.

 

[jrumann59]

you mean except for the word of the prosecutors?
Hardy, who made $13.1 million last year while on the commissioner's exempt list, agreed to pay an undisclosed financial settlement to Holder, according to prosecutors.

Yes prosecutors in NC HAVE NEVER been known to bend the truth or imply things through the media. Daniel Nifong says HI

 

[Nightman]

you mean except for the word of the prosecutors?
Hardy, who made $13.1 million last year while on the commissioner's exempt list, agreed to pay an undisclosed financial settlement to Holder, according to prosecutors.

If she could be bought off then why not do it before the bench trial? And why is the prosecutors' word any more valid than Hardy's team?

And like I said, that is a serious crime. It would be witness tampering, why not charge it?

 

[jrumann59]

For the record IF he did it he is scumbag, but IF he was setup she is just as evil if not moreso.

 

[Kaiser]

you mean except for the word of the prosecutors?

The DA dropped all charges rather than going to a jury trial. If there was real evidence, much less "overwhelming" evidence the DA would have gone to a jury trial without the girl testifying. At a minimum he would have reached a plea bargain. The fact he didn't even try for a plea bargain tells you he had no case whatsoever to talk to the jury trial.

 

[Kaiser]

Daniel Nifong says HI

Multiple "likes".