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Legal Posturing Begins in Lynch Incident


Lynch situation continues to drag out (Photo Source)

Over fifteen days ago, Toronto native Kimberly Shpeley was struck by a Porsche SUV in downtown Buffalo in a hit-and-run incident that left her bruised, battered and stitched up.

Two weeks later, Buffalo Bills running back Marshawn Lynch - the owner of the vehicle in question - still hasn't talked about what occurred in the wee hours of the morning of May 31.  The seeming lack of new information over the past two weeks has frustrated nearly all parties involved; this is a situation that, in any normal circumstance, likely would have been resolved by this point.

If you're of the opinion that the case isn't moving forward, however, you're mistaken - battle lines are being drawn on all three sides of this issue.  The resolution of this legal matter may not be swift, but it is forthcoming.

The Lynch Camp - namely, Lynch and his attorney, Michael Caffery - have stayed away from talking about the issue, both to the investigators involved as well as the media.  Larry Felser of The Buffalo News doesn't see the sense in such an approach:

District Attorney Frank Clark suggests that Lynch, because he doesn’t have a rap sheet, is unlikely to do jail time no matter what his role in the hit-run caper. Which brings up another question: If he has a relatively clean record, why mess with it?

Just because Lynch isn't talking about his involvement (or the involvement of his Porsche) doesn't mean he's not talking at all.  Lynch on Saturday was very open about his willingness to give back to the community at a recent football camp for kids, hosted by Steelers LB LaMarr Woodley:

''I always have fun when I'm out here with the kids,'' said Lynch, a University of California product who finished 11th in the league in rushing with 1,115 yards and seven touchdowns in his rookie year last season.

''They run around with so much energy, it reminds me of how I got started and doing what I do now. I had to get some 'act right' in my system early and a camp like this would have helped. LaMarr came from some pretty rough streets like I did (in Oakland, Calif.). That motivates you to succeed and now, it's time to give back to the community and give the kids opportunities we didn't have.''

The Investigators, led by District Attorney Frank Clark, have been the drivers of the media bandwagon surrounding this incident.  After two weeks of talking to a brick wall (i.e. the Lynch camp), the D.A. handed out five subpoenas to Bills players and executives on Thursday in an effort to get some answers.  Those asked to appear: wide receivers James Hardy and Steve Johnson, offensive guard Christian Gaddis, Chief Operating Officer Russ Brandon, and an unnamed security executive.

All five will appear in front of a grand jury to testify as to their knowledge about the situation.  Team owner Ralph Wilson remains a possibility to be subpoenaed as well.  The grand jury is set to convene this coming Friday, June 20.

The Victim - Shpeley - has remained out of the public spotlight while this "investigation" has taken place.  It is now being reported, however, that the victim has hired legal representation (Timothy O'Connell of the firm Siegel, Kelleher & Kahn), who are conducting their own investigation.  The results of that investigation will determine whether or not Shpeley and her representation pursue any lawsuit against Lynch.

"It’s not as minor as it has been reported," O’Connell told The Buffalo News. "She’s under the active care of several different physicians for injuries to several different parts of her body. She’s still under medical care."

O'Connell was also quick to point out that those making the argument that Shpeley was exploiting Lynch because of his popularity and financial standing are gravely mistaken; O'Connell is claiming that Shpeley "never heard of Marshawn Lynch before this incident":

Suggestions of some callers to local radio talk shows that Shpeley was responsible for the accident and that she staged it to seek money from a lawsuit are "scurrilous," O’Connell said.

From all three camps - Lynch, the investigators and Shpeley - battle lines are being drawn, with this Friday's grand jury proceedings the first very key date in a situation that, hopefully for Buffalo's sake, won't drag out too much further than that date.  Progress is slow, but it's being made.  Now all we need to wait for are the consequences.

0 recs  |  Comment 9 comments

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Predictable

Her injuries are multiplying. Somehow the treatment she received in Buffalo after the accident failed to note the damage to ‘several parts of her body.’

by Ron From NM on Jun 15, 2008 12:58 PM EDT reply actions   0 recs

If Clark...

...had shown 1/100th the backbone in the Slepian assassination case after letting John Ashcroft run him over like a steamroller to defend his friends’ operatives than he is showing now in the Lynch case, James Kopp would be on New York’s death row. Clark is a disgrace and should have been removed years ago.

"I could have conquered Europe, all of it, but I had women in my life." - King Henry II of England

by Calvert on Jun 15, 2008 6:36 PM EDT reply actions   0 recs

Actually, Brian, there are four sides to this issue and the fourth is the most critical

The fourth, of course, being NFL Commish Roger Goodell and the suspensions he will dole out later this summer.

Look, no way anybody’s going to jail. Marshawn and posse get community service and fines that will cost a lot less than the liquor Lynch insists on carrying into those Chippewa bars (man, how dumb can you get?).

Ms. Shpeley will be handsomely rewarded for the injuries to the several parts of her body, and she will be instructed to keep her mouth shut if she wants the checks to keep coming. There won’t be any lawsuit.

The thing that will sting, and hurts the team even more than this distraction, or one of Marshawn’s buddies throwing him under the bus, will be the suspensions handed out to all of them by the Commish. This thing is way to high profile to ignore now. The longer it goes, the longer the suspensions. I say Lynch is already at a 6 game suspension, heading for 8, unless he talks. The other boys get less harsh penalties.

This thing hurts our playoff chances.

by Defensewinsgames on Jun 15, 2008 8:20 PM EDT reply actions   0 recs

What if he wasn't the driver

If Lynch wasn’t driving the commissioner better not give him anything or that would be completely inconsistent with previous rulings and punishments.

McKelvin and Hardy - rookies of the year

by poz on Jun 15, 2008 9:15 PM EDT up reply actions   0 recs

Considering...

...that the Commish gave out a $12,000 fine when Wilfork did a helmet to knee on Losman that took him out for a month while fining Dockery $5000 for not buckling his chinstrap in the same game, it is certainly arguable that Goodell is already inconsistent with rulings and punishments and that his eyes are already on the Bills.

"I could have conquered Europe, all of it, but I had women in my life." - King Henry II of England

by Calvert on Jun 15, 2008 10:25 PM EDT up reply actions   0 recs

haha...fair enough

McKelvin and Hardy - rookies of the year

by poz on Jun 15, 2008 11:05 PM EDT up reply actions   0 recs

Clark has a flush to Caffery's two pair

WGRZ is reporting that Clark has at least one witness that puts Marshawn behind the wheel and four that put him in the Porsche the night of the accident. But, if this is the case, then why hasn’t Marshawn been charged?

The three other players know the truth. If Marshawn and Caffery force Clark to convene a Grand Jury, the players will be compelled to testify. If they refuse, I think they can be jailed. Certainly fined.

It’s poker. Clark has staked his credibility as a prosecutor on the game. Caffery has staked his client’s good name and the fate of the Bills season. Is Clark bluffing, or does he really have all the cards his bluster would indicate? Caffery is playing this very, very cool, but does he have anything to gain by delaying further, or is he simply forcing the game to play out to its end, and costing his client very dearly in the bargain?

I’d say Clark has a flush to Caffery’s two pair. Will he continue to raise, or call? Will one of them fold?

by Defensewinsgames on Jun 16, 2008 8:44 AM EDT up reply actions   0 recs

Continuing the poker analogy...

Why would Clark fold? He, personally, has nothing to lose—particularly if a much earlier posting about an impending retirement was accurate. It’s like he’s playing in his last game ever and someone else he barely knows has provided the stake. Why not go for broke?

Lynch, on the other hand, has a lot to lose. Not only will he have to pay the lady a rather ungodly chunk of change he can pretty much kiss any endorsement deals goodbye. I agree that the length of any suspension will be related to the length of time this all drags out….costing Lynch even more in the form of game checks.

Poz, you’re grasping at straws. I’d love it if Lynch wasn’t driving but it seems clear that he was. If you were on the jury and a DA stated that Lynch was driving Lynch’s car after spending a night on the town, wouldn’t you buy it? Throw in a witness or two and any statements from the other people in the car and even I’d vote to convict if they put me on the jury. And I’m a die-hard Bills fan. And I liked Lynch as a person until he starting running down Canadians…..hmmmm…..was she a French Canadian?

by Ron From NM on Jun 16, 2008 9:17 AM EDT reply actions   0 recs

Caffery has a card up his sleeve

Ron, based on the publicly available knowledge, I have to agree with you. Clark has nothing to lose and Caffery has nothing to gain by drawing this thing out.
Caffery has to cave. What possible reason could he have for drawing this out so long unless there is some advantage to his client… the question is, why hasn’t he already caved?
There are only two possible conclusions to draw:
One, Caffery’s got a card up his sleeve, possibly knowledge about that night that isn’t (yet) publicly available.
Two, he’s a piss-poor poker player. If he sucks as a lawyer, we’re going to have big problems in September.

by Defensewinsgames on Jun 16, 2008 12:38 PM EDT up reply actions   0 recs

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