| MBB/WBB UPDATE 9/29: New Patch article: Pre-Trial Immunity Hearing For Darius Miles Started Today

Joey is not allowed to comment on this. People high up in the SI hierarchy pulled the article from all the SI sites. They won't be able to keep it bottled up though. I understand it got 300k hits on Twitter before it was pulled.

It's a shame but that was the most plausible scenario. When Forde saw that story pop up, he probably fell off the toilet and peed all over the floor.
 
He's alive. If they really wanted to find him, they would. But sooner or later, they are going to need him or the case falls apart. Even with him at this point, they are screwed. I don't know anything about Davis' legal team, but the one Miles has are basically criminal trial lawyer piranha who will rip apart anything that isn't legit and half the stuff that is.
While said "tongue in cheek" I could say the same thing about anyone involved in the 'Ham gang scene and be correct, ya know?

Funny you mention the legal team. It was one of the first things I started looking for ... who had been retained.
 
While said "tongue in cheek" I could say the same thing about anyone involved in the 'Ham gang scene and be correct, ya know?

Funny you mention the legal team. It was one of the first things I started looking for ... who had been retained.

I think I mentioned them way back in this thread, he changed counsel not long after he was arrested. Turner Law Group... all women, but top notch.
 
When Forde
Two seasons ago I listened to a podcast on ESPN's app where he was a regular "guest/host." A lot of what he's written in the past I've appreciated. I thought his commentary on the pod was solid.

I don't know if it's accurate to say "Covid broke him." Maybe it was more of C-19's exposure (pun intended.) I don't look at him the same way now as I did five years ago...the kind of guy I wouldn't think twice about asking if he was cuckhold.
 
Two seasons ago I listened to a podcast on ESPN's app where he was a regular "guest/host." A lot of what he's written in the past I've appreciated. I thought his commentary on the pod was solid.

I don't know if it's accurate to say "Covid broke him." Maybe it was more of C-19's exposure (pun intended.) I don't look at him the same way now as I did five years ago...the kind of guy I wouldn't think twice about asking if he was cuckhold.

I'll be honest and say I enjoyed him giving auburn a hard time, but I haven't been a fan for a while. And even then, it was more, the enemy of the enemy is my friend type deal. Like you kinda said, the last few years, a lot of these writers let their political views bleed into their work... then it sort of became where they started shoveling it to us, but only picking and choosing their political grievances (which always seemed to align on the same side) and sometimes just making a political issue out of stuff that had nothing to do with politics. It's like how The Athletic basically morphed into the sports version of The Atlantic overnight a good while back. And I probably should have mentioned Ross Dellenger along with Forde too, who is also high up the SI ladder... and also an agenda pusher at every turn these days.
 
How should I know about anything about Solo cups! The last time I was at a bar was in Germany and you were sever a beer in a bottle or a mug. That was from 1978-1980. I stop drinking any type of alcohol in 1981.
It's still an easy question to answer even if you don't drink. Why do you give plastic cups to kids or get them at Billy Bob's Buffet?
 

TUSCALOOSA, Ala. — Attorneys for former Alabama basketball player Darius Miles have requested a new bond hearing at least in part due to video of the high-profile Jan. 15 shooting and the events that led up to it differ from the testimony initially presented.

The Turner Law Group, which is representing Miles, made the motion at the Circuit Court level last week, and it has been assigned to Judge Daniel Pruet. The initial hearing was at the district court level, with Judge Joanne Jannik presiding.

The hearing has not yet been scheduled yet.

Earlier this month, Miles and Michael Davis, who police say was the triggerman, were indicted by a grand jury on capital murder charges for the death of 23-year-old Jamea Jonae Harris near campus.

The attorney for Davis, John Robbins, told BamaCentral that he'll be filing a similar motion with the court, "probably tomorrow."

Court records indicate that Miles' attorneys filed a motion to compel last month, requiring the city and university to provide surveillance video from the area from 10 p.m. to 3 a.m. The shooting occurred at approximately 1:45 a.m. on Grace Street, just off the restaurant/bar area known as "The Strip."

On Thursday, Miles' attorneys filed an additional motion asking police to produce the cell phones of Cedric Johnson, Harris and Asia Humphrey, who were in Harris' Jeep at the time of the shooting. Johnson was Harris' boyfriend and is the father of their 5-year-old son. They were out with Harris' cousin Humphrey, a university student.

Johnson, who allegedly exchanged fire from inside the Jeep with Davis, did not appear at the initial hearing to testify.

"He's kind of AWOL," Robbins said. "He's the troublemaker."

Robbins has steadfastly maintained that the victim's boyfriend fired first, causing his client to act in self-defense.

The video has not been made public, in part due to the graphic nature of the shooting. But Robbins confirmed reports that it shows the Jeep circling the area after an initial verbal altercation, and pulled in behind the car of All-American forward Brandon Miller, where the shooting subsequently occurred.

The gun Davis used belonged to Miles, and was in Miller's car. Through his attorney, Jim Standridge, Miller said in statement last month that he never saw or handled the gun, "and never knew that illegal activity involving the gun would occur." Neither Miller, nor teammate Jaden Bradley, a fellow freshman who was also present, were considered suspects, and neither faced any disciplinary action from the school or basketball program.

Alabama basketball will play in the Sweet 16 of the NCAA Tournament this weekend in Louisville.

Miles' attorneys are requesting that a bond be set after being initially denied. After the hearing the Turner Law Group issued a statement expressing disappointment “considering the evidence uncovered during our investigation and the obvious weaknesses in the government’s case brought to light during the preliminary hearing.”

Per the motion: "The Defendant has no prior criminal history. The Defendant is not a flight risk and his family will be able to pay for an ankle monitor. The Defendant will agree to be subject to a curfew. The Defendant will agree to be monitored by Tuscaloosa Community Corrections."
 
It's gone almost entirely like I stated in the previous posts, defense will spend their time tearing apart Johnson, who has a past criminal history and his actions prior to Davis firing. The video is the key here, depending on who fired first in the eyes of the jury will be very important. Initially if they can prove that Davis fell backwards or jumped from the first muzzle flash (Shot) then fired back into the vehicle, they'll likely be able to get these two dismissed on all charges. Just depends on how they can persuade the jury to see the flashes of light from inside the vehicle. Also if they see clear intent from the circling of the block or returning to park behind Miller's car and the lights being off.
 
It's gone almost entirely like I stated in the previous posts, defense will spend their time tearing apart Johnson, who has a past criminal history and his actions prior to Davis firing. The video is the key here, depending on who fired first in the eyes of the jury will be very important. Initially if they can prove that Davis fell backwards or jumped from the first muzzle flash (Shot) then fired back into the vehicle, they'll likely be able to get these two dismissed on all charges. Just depends on how they can persuade the jury to see the flashes of light from inside the vehicle. Also if they see clear intent from the circling of the block or returning to park behind Miller's car and the lights being off.

I'm not certain all charges are dropped. Does manslaughter still apply since thr victim wad not the intended target? Please help me recall, was Davis a convicted felon?
 
I'm not certain all charges are dropped. Does manslaughter still apply since thr victim wad not the intended target? Please help me recall, was Davis a convicted felon?
Davis isn't a felon I don't think, I believe he had a misdemeanor in Maryland for something else involving guns before but I can't find anything online about it.
Manslaughter is tricky in this situation it doesn't fit the criteria whether voluntary or involuntary.

I'm not a lawyer nor a judge so I wouldn't know how to rule this. One option is Accidental Killing: Where lawsuits can take place with insurance, but not criminal charges.

More than likely they'll have to let them go and then re-try them under whatever new distinction and they may not be able to get Miles since he wasn't a party to it. It will get really convoluted and complicated to understand at that point. The two may be looking at some small jail time and Misdemeanors for putting people in harms way and acting recklessly, but self-defense is self-defense so if they can prove that Davis was trying to save himself from being shot and killed. Then its tough to argue he meant to hit Harris, so likely an accidental death. Reading over it, just confuses me more so let's just see what happens here.

Accidental Killing​

Another possibility is that someone may commit an accidental killing. If his or her behavior did not rise to a criminal level, he or she cannot be held criminally responsible. However, there may still be civil liability if the conduct was negligent but not criminally negligent. In this case, a person may be sued for causing the death of someone else.
 

In a motion filed in Tuscaloosa County Circuit Court on Tuesday, the Turner Law Group motioned that the court issue an order compelling the DA's office to provide the specified evidence within seven days of the order being issued.

Defense attorney Mary Turner argues that Miles was arrested and charged with capital murder within 15 hours of the shooting. In the interim period that followed, the Turner Law Group says it has sought security camera video from businesses near the shooting, only for business owners to inform them that the video evidence had been turned over to law enforcement.

Business owners also reportedly said law enforcement informed them that the Turner Law Group could obtain the video evidence from police. What's more, investigators for the Turner Law Group who were seeking to obtain video from one of the businesses was threatened with the possibility of arrest for criminal trespassing.
On Jan. 20 — less than a week after the fatal shooting — the Turner Law Group says it requested certain evidence from the District Attorney's Office, only to be told that the Tuscaloosa Violent Crimes Unit had not finished its investigation. This, despite charging Miles and Davis with capital murder the day of the shooting.

In response, the Turner Law Group issued subpoenas to various businesses near the shooting to obtain security camera footage from Jan. 14 – 15. This included Unique Bar, along with video from the City of Tuscaloosa and the University of Alabama.

However, the owner of Unique reportedly told defense attorneys that he could not comply with the subpoena because his equipment failed. Turner then points out that, prior to the equipment failure, the owner stated that law enforcement officers were able to secure video footage.

Prior to the preliminary hearing for Davis and Miles in February, the Turner Law Group on Feb. 13 contacted the District Attorney’s Office to request to view video from Unique Bar and the City of Tuscaloosa, who both stated their video footage was delivered to the DA's Office prior to the preliminary hearing.

Turner says the District Attorney’s Office refused this request. Three days later, the Tuscaloosa law firm made a similar request regarding footage from the University of Alabama that had been delivered to the DA's office. This request was also refused.
 

In a motion filed in Tuscaloosa County Circuit Court on Tuesday, the Turner Law Group motioned that the court issue an order compelling the DA's office to provide the specified evidence within seven days of the order being issued.

Defense attorney Mary Turner argues that Miles was arrested and charged with capital murder within 15 hours of the shooting. In the interim period that followed, the Turner Law Group says it has sought security camera video from businesses near the shooting, only for business owners to inform them that the video evidence had been turned over to law enforcement.

Business owners also reportedly said law enforcement informed them that the Turner Law Group could obtain the video evidence from police. What's more, investigators for the Turner Law Group who were seeking to obtain video from one of the businesses was threatened with the possibility of arrest for criminal trespassing.
On Jan. 20 — less than a week after the fatal shooting — the Turner Law Group says it requested certain evidence from the District Attorney's Office, only to be told that the Tuscaloosa Violent Crimes Unit had not finished its investigation. This, despite charging Miles and Davis with capital murder the day of the shooting.

In response, the Turner Law Group issued subpoenas to various businesses near the shooting to obtain security camera footage from Jan. 14 – 15. This included Unique Bar, along with video from the City of Tuscaloosa and the University of Alabama.

However, the owner of Unique reportedly told defense attorneys that he could not comply with the subpoena because his equipment failed. Turner then points out that, prior to the equipment failure, the owner stated that law enforcement officers were able to secure video footage.

Prior to the preliminary hearing for Davis and Miles in February, the Turner Law Group on Feb. 13 contacted the District Attorney’s Office to request to view video from Unique Bar and the City of Tuscaloosa, who both stated their video footage was delivered to the DA's Office prior to the preliminary hearing.

Turner says the District Attorney’s Office refused this request. Three days later, the Tuscaloosa law firm made a similar request regarding footage from the University of Alabama that had been delivered to the DA's office. This request was also refused.
This is becoming a hot mess for DA and the way they've handled this.
 
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