Death During Play (Full Version)

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gingersnap7789 -> Death During Play (1/30/2006 12:32:36 PM)

Good article about a Domme whose client died during a session.

http://www.msnbc.msn.com/id/11102200/




Lordandmaster -> RE: Death During Play (1/30/2006 12:52:16 PM)

Sounds to me like an outrageously crappy job of prosecution, but I'd have to read the case. It doesn't sound as though manslaughter was the right charge to bring, either.




JohnWarren -> RE: Death During Play (1/30/2006 1:39:14 PM)


quote:

ORIGINAL: Lordandmaster

Sounds to me like an outrageously crappy job of prosecution, but I'd have to read the case. It doesn't sound as though manslaughter was the right charge to bring, either.


The problem was that she hid the body so the cause of death was not able to be determined. I'm not as much up on criminal law but in contract law there is the axiom that "should an ambiguity be introduced into a contract that ambiguity will be resolved to the cost of the party which introduced the ambiguity."

I suspect they feel since they can't tell if she killed him or not and she intentionally produced that situation then the presumption is there may well have been intentional killing.

After the case broke, Barbara Asher called me several times. She was insistent she was not guilty but wouldn't or couldn't give any mitagating circumstances. After a while, my bullshit detector was pinned. If she agree to testify in front of a jury, I can't help but feel they would get the same reaction.




Chaingang -> RE: Death During Play (1/30/2006 2:37:05 PM)

"Dominatrix acquitted in client's death"
http://www.cnn.com/2006/LAW/01/30/dominatrix.acquitted.ap/index.html?section=cnn_topstories

During his closing argument to the jury, prosecutor Robert Nelson put on a black leather mask with a zippered mouth opening and re-enacted the bondage session.

With both hands, he reached back and clutched the top of a blackboard as if strapped to the rack. Then he hung his head as if dead.

Asher's lawyer objected, and the judge agreed.

"That's enough Mr. Nelson," Judge Charles Grabau said. "Thank you for your demonstration."

...

Ooops!




londonplaything -> RE: Death During Play (1/30/2006 2:39:22 PM)

I had a very old (85) client on the other day. It made me think twice to book him in again today. I ended up turning him down. I wouldn't want to be prosecuted for manslaughter because an old client dies in my dungeon. No way! He can go and die elsewhere.




KnightofMists -> RE: Death During Play (1/30/2006 2:49:07 PM)

ok - am I missing something here

1 - They never have found the body!

2- They have no physical evidence of the apparent victim being at the scene - No DNA nothing

3- All they had was, an apparent confession that is not taped, no notes from the police, just um from memory so to speak.. kinda like my word and against yours. It this what they charged her on? a confession that didn't exist except in someones mind?


This is just bad prosecution... This horrible police work to boot.

Like all media stories... there is something missing here. But, she was found not guilty! Maybe because of bad police/prosecution work more than anything!




JohnWarren -> RE: Death During Play (1/30/2006 3:21:25 PM)


quote:

ORIGINAL: KnightofMists

ok - am I missing something here

1 - They never have found the body!

2- They have no physical evidence of the apparent victim being at the scene - No DNA nothing

3- All they had was, an apparent confession that is not taped, no notes from the police, just um from memory so to speak.. kinda like my word and against yours. It this what they charged her on? a confession that didn't exist except in someones mind?


This is just bad prosecution... This horrible police work to boot.

Like all media stories... there is something missing here. But, she was found not guilty! Maybe because of bad police/prosecution work more than anything!


I suspect the case was killed by excluded evidence, because Barbara told me several times he died at her place.

Of course, excluded evidence is often the result of lousy procedure. Lots of evidence was found. None was introduced.

Things may change during the civil suit. It's a lot harder to exclude evidence there... as OJ found out.




Lordandmaster -> RE: Death During Play (1/30/2006 4:05:15 PM)

No, that doesn't work. You can't convict people of manslaughter on the argument that they made it impossible to determine whether they committed manslaughter. (Reasonable doubt?) That's one of a handful of reasons why I don't think the manslaughter charge made any sense. But chopping up the body of someone who just died in your presence, and then hiding it, is still not OK. Anyway, I haven't read the case, so I shouldn't say too much about it.

quote:

ORIGINAL: JohnWarren

I'm not as much up on criminal law but in contract law there is the axiom that "should an ambiguity be introduced into a contract that ambiguity will be resolved to the cost of the party which introduced the ambiguity."





ZenrageTheKeeper -> RE: Death During Play (1/31/2006 2:42:10 AM)

A damn travesty. To the man. To any surviving relatives. To the lifestyle.

To want to be discreet is one thing. To eliminate a body to protect your privacy and keep loved ones, if any, eternally in the dark is inhumane. I don't have the words to begin to describe what it does to the bond between Dom and sub, even on a strictly professional level. The man is dead and since she hid the body (probably nowhere near any dumpster), he can't even be mourned properly.

This is 10 shades of ugly.




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