Posted on 03/04/2006 11:33:37 AM PST by mathprof
Two Minnesota Vikings players who want their indecent conduct charges thrown out of court are asking a judge to take a rare step: second-guess a prosecutor over a decision on who gets charged.
Legal experts say courts have long shied away from wading into what's known as "prosecutorial discretion." One of the few times judges even consider doing so is when a criminal suspect alleges racially biased prosecution.
That's what quarterback Daunte Culpepper and running back Moe Williams asserted in a motion submitted by their attorneys Wednesday in the Lake Minnetonka boat party case. They say that four black football players were charged with misdemeanor lewdness, while two whites, including a boat captain, behaved badly but were not charged.
Legal experts said it's not easy to make a case for prosecutor discrimination, and not everyone agrees on what proof is needed. It may take more than proving that similar conduct by the white men wasn't prosecuted, legal experts said.
"You have to show bad faith" by the prosecutor, said Prof. Joseph Daly of Hamline Law School in St. Paul. "It's almost like getting inside the head of the prosecutor. What was his intention? Did he intentionally go after black people?"
The party thrown by Vikings players in October took place on two chartered boats. The evening cruise drew about 90 guests, including out-of-state strippers flown in for the event. Some women gave lap dances or engaged in sex with partygoers in front of stunned crew members, according to the criminal charges.
Only the four players were charged with misdemeanor lewdness and indecent conduct. Culpepper and Williams allegedly got lap dances, while two other players, Fred Smoot and Bryant McKinnie, allegedly engaged in sexual acts. All are awaiting trial.
(Excerpt) Read more at startribune.com ...
Where is the NFL's Kenesaw Mountain Landis when it needs him?
IT'S ALL RACISM! I'm sure if you look into it you'll see that the officers involved were white and as we all know whites are all racist....
That's not a racial stereotype against whites, it's just the truth...
Looks like these guys are in for a real fight now. Maybe they should have acted like real men instead of high school screw-ups. They are entitled to a dose of judicial medicine if found guilty, and I hope they are real proud of themselves for draggig their families thru this muddy caper of theirs. The fact that they play for the Vikings only adds to my distaste, and I'm certain their Mamas are proud of them too. These clowns sure do set a great example of excellence for the youngsters of Minneapolis, don't they?
Let's see, isn't it mostly whites that go to these games and thus pay these babosos saleries?
How do all of you racist Vikings fans feel now?
Make you want to go out and pay even higher ticket prices to pay to see these guys?
Poor rich spoiled us, everyone picks on us. Boohoo, Boohoo.
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