Yeah, I may be wrong, but if I recall for Johnson the university trial came before the publicity. It was certainly before the county chose to prosecute. And the process was confidential, as it is required to be. It’s the reason that Krakuer sued the State of Montana, a decision which is now appeal to the Supreme…

No. I pointed out the similarities between the cases. You pointed out the differences. I agree with you that there are differences.

You are correct that my initial statement could be taken as a general statement, but I was talking about the very specific context of the Johnson settlement. Sorry for confusing you. As for the information on attorney costs in Montana, my guess is that you have never visited my state nor do you plan to.

Which I do not disagree with. So, again, I don’t know why you keep trying to clarify something that I agree with you about.

I don’t know why you are picking a fight when I am agreeing with you. The similarities I pointed out were (a) high profile athlete and (b) the university is under scrutiny for poor handling of rape. That’s all. I am simply saying that in similar circumstances, universities have messed up. That is not to say they have…

Agreed. I am not in any way advocating that he is innocent. I am just saying that it’s not impossible that the university screwed up. And without knowing how diligent the university was regarding investigation and the hearing, I don’t think anybody can really make a determination at this point.

I can also tell you this - the Johnson settlement has been big news here. I have spoken with over a dozen attorneys about it. Every attorney says the same thing - he must have had a good case and the university must have screwed up. So it’s not just my opinion. It is the opinion of a lot of practicing attorneys in…

I already agreed with you on the distinction between “not guilty” as a legal concept and innocent. I also understand that settlements are paid for many reasons. But as a defense attorney practicing in Montana, you do not see settlements for half a million dollars if someone believes they would win in court. Because in…

You don’t need to explain it. I understand it. I just think it’s wrong.

Absolutely. I have worked with NYC and DC attorneys as co-counsel on cases, and their rates almost take my breath away. Most attorneys in Montana charge somewhere between $200 and $250 an hour, particularly in Missoula (where I have had several cases). You don’t see much above $300, unless they are specialized or…

Ok. As a defense attorney practicing for years in Montana, I’m the one that is wrong about this settlement. Certainly you have more insight than me.

Yeah, I agree that if Yale decides to settle, then it is not that large of a number given the cost of going to trial on the east coast. But in Montana, it is a pretty large number. I’m a defense attorney in Montana, and rates are so low here that you can certainly go to trial for hundreds of thousands less than half a…

Second, he’s not “my football dude.” I am just someone who closely followed the trial and the case. I also read Missoula: Rape and Justice in a College Town by Krakauer (which is an excellent book btw) to get a better perspective on it. There were several football players at Montana who were in fact guilty of rape.…

Yeah, you’re right. Everyone who is found “not guilty” is actually guilty and not innocent. I understand the technical distinction, but I don’t understand the rabid enthusiasm for people to believe that every single person accused of rape must in fact be a rapist. Second, institutions don’t settle for half a million…

Whether it “should” matter or not does not excuse the fact that it is evidence, in his favor. That does not mean it can’t be neutralized by expert testimony, but anybody who is looking at this objectively would agree that it initially appears to be favorable evidence for him.

Right. What I said is “you don’t settle for half a million” if you haven’t done anything wrong. Playing the numbers game, it would be much cheaper for the university to go court as opposed to cutting a check for $500,000. Now, if it was $50,000, then I would agree with you. But as a defense attorney practicing in…

Such a system only comes into existence when the justice department gets involved, like it did in Missoula. Prosecutors are too afraid to take rape cases to trial because they have a notoriously low conviction rate. And no prosecutor wants to have those statistics. So, part of the solution is having decent prosecutors…

I already acknowledged that the universities handle rape poorly, period. Whether you are a victim or the accused. My point is simple- universities get it wrong sometimes when they expel individuals for crimes. I am not commenting on how many thousands of times universities get it wrong by not even having a hearing on…

Yeah, I hear this all the time. If I’m a defendant and I’m found “not guilty” after going through the hell of a rape trial, then I am going to say I’m “innocent.” And the university did get it wrong. You don’t settle for half a million dollars if you think you got it right. It was a lower standard - preponderance of…

Really? I’m pretty sure he’s just doing the job he as hired to do. Any good defense attorney would have pointed out the same thing.