Football Roethlisberger listed as defendant in lawsuit - Page 11

**BigRichard** · 07-21-2009, 06:15 AM

http://sportsillustrated.cnn.com/200....ap/index.html

RENO, Nev. (AP) -- Pittsburgh Steelers quarterback Ben Roethlisberger has been named as a defendant in a lawsuit filed by a woman in Nevada.

According to online court records, a defamation lawsuit was filed in Washoe County on Friday. Andrea McNulty is listed as the plaintiff.

Details of the suit were not available late Monday night. Roethlisberger was one of nine defendants listed in the online court docket report.

Roethlisberger's attorney released a statement to several media outlets Monday night saying the two-time Super Bowl winner was accused of sexual assault in the lawsuit by McNulty. Atlanta-based attorney David Cornwell denied Roethlisberger sexually assaulted McNulty.

"This weekend Andrea McNulty served Ben Roethlisberger with a civil complaint accusing him of sexually assaulting her in July 2008. Ben has never sexually assaulted anyone; especially Andrea McNulty. The timing of the lawsuit and the absence of a criminal complaint and a criminal investigation are the most compelling evidence of the absence of any criminal conduct. If an investigation is commenced, Ben will cooperate fully and Ben will be fully exonerated," Cornwell said.

A phone message and e-mail from the AP to Cornwell were not immediately returned.

Attorney Calvin R. Dunlap, of Reno, filed the suit, according to court documents. A telephone message left for him was not immediately returned.

**alanm** · 07-21-2009, 11:03 PM

Quote:

Originally Posted by stumppy

Same here. Maybe she is trying to scam some cash. Then again, maybe he was drunk and did it.

I just love the way some people know right away she's just trying to scam him.

Waiting a year to press rape charges one tends to think something smells fishy.

DJ's left nut · 07-21-2009, 11:18 PM

The civil v. criminal distinction matters, but not at the pre-trial dismissal level, at least not nearly as much

The distinction you all keep referring to is preponderance of the evidence v. reasonable doubt when you're discussing questions of fact. Those are standards of proof, not burdens of production.

However, in both criminal and civil trials, the parties have to reach their burden of production. They have to reach a point where a judge determines - "Okay, there's enough here for a jury to at least consider." You all are referring to their burdens of pursuasion. Granted, a lower burden of pursuasion will lower the burden of production somewhat, but not appreciably, the burden of production in criminal cases is already quite low.

The plaintiff here will still need to present something. If it's just her word vs. his, there is absolutely a decent chance the judge will toss it out. He could easily determine that she hasn't made her case well enough to even have it submitted to the jury.

It may be something as simple as a psyciatric evaluation saying that she has severe emotional issues consistent with a rape victim's. But she absolutely has to present some kind of evidence or a judge could definitely pitch this sucker.

**alanm** · 07-21-2009, 11:20 PM

Quote:

Originally Posted by LaChapelle

Let's say you're a 125lb. bellboy and you're overpowered and raped. How quick do you report it to the police?

By Roethlisburger? Didn't know he rolled like that.

orange · 07-21-2009, 11:23 PM

Quote:

Originally Posted by alanm

By Roethlisburger? Didn't know he rolled like that.

You haven't been paying attention to the rumors, obviously.

**Dylan** · 07-21-2009, 11:27 PM

I am just trying to understand why Andrea McNulty would need six different aliases?

The Official Court Docket Report: http://www.ccwashoe.com/public/ck_pu...ate=&end_date=

I understand why it's a civil suit ($$) -- In a civil case there is less to prove.

I may be wrong, but I think Ben has some kind of business deal with ESPN.

Anyone know how long hotels usually keep video tapes on file?

And to all a good nite. ...

orange · 07-21-2009, 11:31 PM

Quote:

Originally Posted by Dylan

I am just trying to understand why Andrea McNulty would need six different aliases?

She doesn't need six aliases and she doesn't have six aliases. You want to look at that link again - this time with your eyes open - and see if you can find your mistake?

**alanm** · 07-21-2009, 11:33 PM

Could be Ben used her and then no next day call to her.
Woman used, discarded and then angry.
Hell hath no fury.

blaise · 07-22-2009, 07:22 AM

Quote:

Originally Posted by DaneMcCloud

Well, there should be some documented reports if this type of behavior previously existed but it appears per the complaint that her life had been uneventful since at least 2002.

Personally, it looks to me like she's trying to recover enough money to cover the expenditures of being hospitalized.

$390k after expenses (lawyers, taxes, etc.) certainly isn't going to go very far and this type of case, whether she wins or not, is probably more damaging to her career and life than helpful.

Unless I'm wrong the 390k is for compensatory damages. The punitive damages against Roethlesberger and the casino could be 10 times that amount.

Gary · 07-22-2009, 07:28 AM

Quote:

Originally Posted by Garcia Bronco

The probably whistled at her and her sensible self was offedned once she found out who they were and realized she could get paid. Of course analysis of her britches will probably find 12 different semen donors.

Is Bristol Palin in the news again?

blaise · 07-22-2009, 07:40 AM

Quote:

Originally Posted by Hootie

I have a feeling that...if BR was black...people's opinions would be way different.

Probably. On both sides. Some white people are probably giving him a pass based on race, and there's probably some black people that vehemently defended OJ or Mike Vick that won't defend Roethlesberger based on race.
I think that whole, "Well, if he were (insert race here), this would be different" is a waste of time. People said the same thing about the Bonds situation, "If he were white...", but then Clemens got named and people trashed him too, and wrote books about him. Marvin Harrison's black, his gun case got almost no coverage.

Chiefnj2 · 07-22-2009, 07:53 AM

At first glance it looks like the hotel may have some trouble. An employee went to the head of security and allegedly advised them of a sexual assault and she claims they didn't do a follow up or any type of investigation. I'm sure they have an internal policy that requires they do more than nothing.

**OnTheWarpath15** · 07-22-2009, 08:35 AM

FWIW, Andrea Kramer was on Sirius NFL Radio this morning, and even she said that it appears on the surface that this is nothing more than a money grab. She expressed the exact same concerns many of us have in this thread:

Where's the criminal case?

Why not go to the Police?

Why wait a year to bring a civil case?

And this is coming from a woman, who you would think would be more sympathetic to a situation like this.

Pretty much supports what many of us were saying - there's not a single piece of evidence that this actually happened, and the alleged victim's actions over the past year would lead one to believe she's FOS.

**Baby Lee** · 07-22-2009, 08:53 AM

Quote:

Originally Posted by Chiefnj2

You don't what evidence exists or doesn't exist at the moment.

Maybe he the whole thing?

**OnTheWarpath15** · 07-22-2009, 08:53 AM

Quote:

Originally Posted by Baby Lee

Maybe he the whole thing?

Chiefnj2 · 07-22-2009, 09:14 AM

Quote:

Originally Posted by OnTheWarpath58

FWIW, Andrea Kramer was on Sirius NFL Radio this morning, and even she said that it appears on the surface that this is nothing more than a money grab. She expressed the exact same concerns many of us have in this thread:

Where's the criminal case?

Why not go to the Police?

Why wait a year to bring a civil case?

And this is coming from a woman, who you would think would be more sympathetic to a situation like this.

Pretty much supports what many of us were saying - there's not a single piece of evidence that this actually happened, and the alleged victim's actions over the past year would lead one to believe she's FOS.

There is no criminal case because she didn't file a complaint with the police.

I don't know why she, or other victims don't go to the police. In a perfect world all rape victims would scratch their assailants across the face and go to the police to preserve all evidence. Unfortunately the real world doesn't work that way. If you were raped on the way home today are you certain you'd go to the police, or would there be some embarrassment and humiliation on your part that would make you think twice?

Why wait a year? She was afraid her workplace was covering for Ben, afraid she'd lose her job, lose her medical benefits and not be able to afford the psychiatric treatment she needed.

We don't know if there is evidence or not. The head of security may have reports that she reported it to him. She may have psych reports for the year following the alleged assault that all say she told the doctors of being raped by a famous athlete. Or, she may be completely nuts. I think her complaint is really weak in terms of what happened with Ben and her. It quotes her only as saying "you don't want to do that" and "please stop". I'd like to think a girl being raped would by yelling and screaming "no" "stop" "get the hell off me", etc.

07-21-2009, 06:15 AM
BigRichard Buddy Christ is a Chiefs fan Join Date: Nov 2008 Casino cash: $1889546	Roethlisberger listed as defendant in lawsuit http://sportsillustrated.cnn.com/200....ap/index.html RENO, Nev. (AP) -- Pittsburgh Steelers quarterback Ben Roethlisberger has been named as a defendant in a lawsuit filed by a woman in Nevada. According to online court records, a defamation lawsuit was filed in Washoe County on Friday. Andrea McNulty is listed as the plaintiff. Details of the suit were not available late Monday night. Roethlisberger was one of nine defendants listed in the online court docket report. Roethlisberger's attorney released a statement to several media outlets Monday night saying the two-time Super Bowl winner was accused of sexual assault in the lawsuit by McNulty. Atlanta-based attorney David Cornwell denied Roethlisberger sexually assaulted McNulty. "This weekend Andrea McNulty served Ben Roethlisberger with a civil complaint accusing him of sexually assaulting her in July 2008. Ben has never sexually assaulted anyone; especially Andrea McNulty. The timing of the lawsuit and the absence of a criminal complaint and a criminal investigation are the most compelling evidence of the absence of any criminal conduct. If an investigation is commenced, Ben will cooperate fully and Ben will be fully exonerated," Cornwell said. A phone message and e-mail from the AP to Cornwell were not immediately returned. Attorney Calvin R. Dunlap, of Reno, filed the suit, according to court documents. A telephone message left for him was not immediately returned.
Posts: 10,370

07-21-2009, 11:18 PM	#152
DJ's left nut Sauntering Vaguely Downwards Join Date: Sep 2005 Location: Columbia, Mo Casino cash: $2999099	The civil v. criminal distinction matters, but not at the pre-trial dismissal level, at least not nearly as much The distinction you all keep referring to is preponderance of the evidence v. reasonable doubt when you're discussing questions of fact. Those are standards of proof, not burdens of production. However, in both criminal and civil trials, the parties have to reach their burden of production. They have to reach a point where a judge determines - "Okay, there's enough here for a jury to at least consider." You all are referring to their burdens of pursuasion. Granted, a lower burden of pursuasion will lower the burden of production somewhat, but not appreciably, the burden of production in criminal cases is already quite low. The plaintiff here will still need to present something. If it's just her word vs. his, there is absolutely a decent chance the judge will toss it out. He could easily determine that she hasn't made her case well enough to even have it submitted to the jury. It may be something as simple as a psyciatric evaluation saying that she has severe emotional issues consistent with a rape victim's. But she absolutely has to present some kind of evidence or a judge could definitely pitch this sucker.
Posts: 60,388

07-21-2009, 11:27 PM	#155
Dylan The Lede Join Date: Aug 2007 Casino cash: $10016591	I am just trying to understand why Andrea McNulty would need six different aliases? The Official Court Docket Report: http://www.ccwashoe.com/public/ck_pu...ate=&end_date= I understand why it's a civil suit ($$) -- In a civil case there is less to prove. I may be wrong, but I think Ben has some kind of business deal with ESPN. Anyone know how long hotels usually keep video tapes on file? And to all a good nite. ... __________________
Posts: 33,643

07-21-2009, 11:33 PM	#157
alanm Feeling Victorian Join Date: Aug 2000 Location: Nebraska/Wyoming/Colorado Casino cash: $1836436	Could be Ben used her and then no next day call to her. Woman used, discarded and then angry. Hell hath no fury. __________________ It bears repeating, ** Herm, Pioli, Haley, and Crennel for ing up my franchise for a goddamn decade. Buehler 445**
Posts: 33,616

07-22-2009, 07:53 AM	#161
Chiefnj2 In Search of a Life Join Date: Mar 2007 Casino cash: $7873688	At first glance it looks like the hotel may have some trouble. An employee went to the head of security and allegedly advised them of a sexual assault and she claims they didn't do a follow up or any type of investigation. I'm sure they have an internal policy that requires they do more than nothing. __________________ Mismanaging the clock.
Posts: 22,392

07-22-2009, 08:35 AM	#162
OnTheWarpath15 MVP Join Date: Sep 2005 Casino cash: $4911115	FWIW, Andrea Kramer was on Sirius NFL Radio this morning, and even she said that it appears on the surface that this is nothing more than a money grab. She expressed the exact same concerns many of us have in this thread: Where's the criminal case? Why not go to the Police? Why wait a year to bring a civil case? And this is coming from a woman, who you would think would be more sympathetic to a situation like this. Pretty much supports what many of us were saying - there's not a single piece of evidence that this actually happened, and the alleged victim's actions over the past year would lead one to believe she's FOS.
Posts: 60,264