The "underage drinking" component of the Roethlisberger case

cowboyjoe

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The "underage drinking" component of the Roethlisberger case
Posted by Mike Florio on April 18, 2010 6:23 PM ET
Lurking on our list of story ideas but never quite making it onto the Rumor Mill over the past several days has been the question of whether Steelers quarterback Ben Roethlisberger could have been charged with providing alcohol to a minor under 21 on the evening that culminated in an accusation of sexual assault. Pushing the issue to the top of the stack were the recent comments of Michael Santicola, attorney for Big Ben bodyguard Anthony Barravecchio.

Santicola, who has shown a propensity to exercise his vocal cords in an ill-advised manner, had this to say regarding whether any laws were broken that night: "The only crime that I've seen committed right now is the crime of this girl. She's underage, she's bombed out of her mind and she's in a bar she shouldn't be in."

Nice.

District attorney Fred Bright addressed during his April 12 press conference/sermon the issue of underage drinking. And Bright was blunt -- but for the alleged victim's desire to move on, Roethlisberger could have been prosecuted for providing alcohol to an underage minor.

"First of all, he, Mr. Roethlisberger, there's a crime called furnishing alcohol to a minor under 21, OK?" Bright said. "And she, the victim, there's another crime called underage drinking. Both of these crimes are misdemeanors. Now, if we're going to prosecute one, we've got to prosecute the other. Let's talk about him furnishing alcohol to a minor under 21. The only way we can prosecute him is through her testimony. As for her, she's gone through enough already."

So, yes, Roethlisberger could have been charged for providing alcohol to an underage minor. And the alleged victim could have been charged for underaged drinking. Thus, the next time Santicola decides to pop off on the matter, he should be sure to also include the potential responsibility of his client's boss.

Better yet, maybe Santicola should just quit popping off. He's doing nothing to make himself, his client, or Roethlisberger come off as even remotely sympathetic.
 

CowboyMcCoy

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Ben isn't making the greatest decisions these days. Benny, Benny don't you know they don't need to be drunk, you sleaze bag?
 

CowboyMike

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I never thought I'd say this, but I actually like Florio's stuff during this Ruthlessraper issue. He's been very good.
 

hornitosmonster

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Thought the girl had a fake ID? No way that Ben knew she was underage. The bar didn't even know until after the fact
 

jimmy40

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hornitosmonster;3353372 said:
Thought the girl had a fake ID? No way that Ben knew she was underage. The bar didn't even know until after the fact
I read that the bar had confiscated a fake ID from her a couple weeks before this incident.
 

Seven

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jimmy40;3353491 said:
I read that the bar had confiscated a fake ID from her a couple weeks before this incident.

That's nifty. Was she an organ donor? RuthlessRaper obviously was.
 

baj1dallas

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being in a bar that theoretically cards people on entrance is a pretty good defense against the claim of providing alcohol to a minor, it's a fair assumption that anybody inside is of legal age.
 

Jon88

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I've heard of bars that give you a wristband if you're under 21, but all you have to do is rip it off.

Ben knew she was under 21 and was trying to get her hammered. That's pretty disgusting.
 

arglebargle

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Big Ben deserves a lot more trouble than he's probably going to get, but this just smacks of hindsight BS. Sort of like trying to charge OJ with reckless driving, after you murder case goes kersplatt.
 

arglebargle

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Jon88;3354571 said:
....Ben knew she was under 21 and was trying to get her hammered. That's pretty disgusting.

Has this info actually come out, or are you making the assumption?
 

juck

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Jon88;3354571 said:
I've heard of bars that give you a wristband if you're under 21, but all you have to do is rip it off.

Ben knew she was under 21 and was trying to get her hammered. That's pretty disgusting.

It was a bar like that,with the wristband from what i read.
 

TellerMorrow34

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hornitosmonster;3353372 said:
Thought the girl had a fake ID? No way that Ben knew she was underage. The bar didn't even know until after the fact

Doesn't really matter if he actually knew. I doubt the law says "If you know they're underage."

In fact, several years ago, I was working with this guy that had to spend a weekend in jail, the wound up with probation and stuff, cause he was hosting a party where folks snuck in that were underage and received drinks. He didn't know they weren't 21 either but he still got in trouble for it because he served it to them.

So it probably wouldn't matter in the least if he didn't know she wasn't actually 21.
 

hornitosmonster

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BraveHeartFan;3355077 said:
Doesn't really matter if he actually knew. I doubt the law says "If you know they're underage."

In fact, several years ago, I was working with this guy that had to spend a weekend in jail, the wound up with probation and stuff, cause he was hosting a party where folks snuck in that were underage and received drinks. He didn't know they weren't 21 either but he still got in trouble for it because he served it to them.

So it probably wouldn't matter in the least if he didn't know she wasn't actually 21.


Ben did not serve them liquor, the bar did. Ben may have payed for it but he didn't serve it. I hope Ben gets the max suspension but still he can't be charged with serving to a minor....because he didn't.
 

hornitosmonster

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baj1dallas;3354503 said:
being in a bar that theoretically cards people on entrance is a pretty good defense against the claim of providing alcohol to a minor, it's a fair assumption that anybody inside is of legal age.


Exactly. No way the DA could make this charge stick to Ben.
 

Jon88

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arglebargle;3354577 said:
Has this info actually come out, or are you making the assumption?

You don't think he asked how old she was?
 

JBS

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does anyone know what Ben's side of the story is? Is he saying they had consensual sex or is he saying they didn't have sex at all? I haven't heard much of anything in regards to his story
 

SaltwaterServr

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hornitosmonster;3355105 said:
Ben did not serve them liquor, the bar did. Ben may have payed for it but he didn't serve it. I hope Ben gets the max suspension but still he can't be charged with serving to a minor....because he didn't.

No, Ben bought the drinks legally. The bar served Ben. He then gave the drinks to the underage girls who could be in an 18 and up bar. Therefore, they are in the club/bar legally, but Ben served them the drinks. He is culpable in this case as contributing to the delinquency. She's also guilty of underage drinking but from the DA report, even the bodyguards knew the girls were too young.
 

CanadianCowboysFan

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You mean there are bars in the US where you can be in when underage but just can't buy alcohol? That seems pretty silly.

Before I got married, if I were in a bar, I would assume the girl was 19 or else she wouldn't be there (our drinking age is 19 in BC, some provinces like Quebec are 18).

I did meet girls who were under 19 at times but they had fake ID but that is up to the bar to enforce.
 

jterrell

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hornitosmonster;3355105 said:
Ben did not serve them liquor, the bar did. Ben may have payed for it but he didn't serve it. I hope Ben gets the max suspension but still he can't be charged with serving to a minor....because he didn't.

Ben bought rounds of shots in a VIP area and then handed them to the girls. This wasn't paying at a bar top. They were passed around of his table.

The D.A. stated he could have been charged with this and he could. There is no legal question there. The girl was 20, consuming alcohol and would have also been charged but the DA figured her getting raped was punishment enough. We dont need to read tea leaves when the DA speaks exactly to the details.
 

jterrell

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CanadianCowboysFan;3356202 said:
You mean there are bars in the US where you can be in when underage but just can't buy alcohol? That seems pretty silly.

Before I got married, if I were in a bar, I would assume the girl was 19 or else she wouldn't be there (our drinking age is 19 in BC, some provinces like Quebec are 18).

I did meet girls who were under 19 at times but they had fake ID but that is up to the bar to enforce.

The vast majority of college bars are 18 to get in and 21 to drink.

College bars cater to plenty of 18,19,20 year olds. They exclude them then they don't stay open long.

Underage drinking isn't rare at all... but bathroom rapists thankfully are pretty rare. Most guys go for getting them hammered and then at least taking them home before trying to have their way with them.
 
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