Latest rumors on the Kimchee's and such

[Coach34]

Just a nugget or two

1. Heard that the reason Mikhail Miller transferred is because he reported the drug use by the Kimchee's and others to the coaching staff. It filtered down to those players he reported them- it got ugly- he decided to leave the program. Alsosaid Miller hasnt been the only one "bullied" by them. Another parent has met with Freezus about it.

2. Freezus was the lead dog in getting the Kimchee assault covered up and no charges filed. He called in a few favors on this one. The legal team knows it and is going to try and expose it somehow. This is one major concern for the OM people right now.

3. Numerous offers were made to keep this under wraps- all turned down. This case is not about money for the kid and his parents- they are pissed.

My buddy said- "Wool- if it was about money- it would have never seen the light of day. They have been offered enough of that. These people want someone's head. The Kimchee's may end up being Freeze's "Renardo Sidney"

[Political Hack]

2 is what I was alluding to the other day. It could get much, much worse for them if any of those details begin to surface.

[RossDawg82]

Just a nugget or two

1. Heard that the reason Mikhail Miller transferred is because he reported the drug use by the Kimchee's and others to the coaching staff. It filtered down to those players he reported them- it got ugly- he decided to leave the program. Alsosaid Miller hasnt been the only one "bullied" by them. Another parent has met with Freezus about it.

2. Freezus was the lead dog in getting the Kimchee assault covered up and no charges filed. He called in a few favors on this one. The legal team knows it and is going to try and expose it somehow. This is one major concern for the OM people right now.

3. Numerous offers were made to keep this under wraps- all turned down. This case is not about money for the kid and his parents- they are pissed.

My buddy said- "Wool- if it was about money- it would have never seen the light of day. They have been offered enough of that. These people want someone's head. The Kimchee's may end up being Freeze's "Renardo Sidney"

I don't agree with this at all. Although Sidney was probably the laziest thing to ever step foot on our court he was never in trouble with the law as far as I know. I think the Kimdeechi boys are much worse than Sidney.

[hells bells]

2 is what I was alluding to the other day. It could get much, much worse for them if any of those details begin to surface.

That is huge. Any word on Deadspin?

[elitedawgs]

That is huge. Any word on Deadspin?

Yes, it might be the biggest troll effort in the history of troll efforts.

[engie]

I don't agree with this at all. Although Sidney was probably the laziest thing to ever step foot on our court he was never in trouble with the law as far as I know. I think the Kimdeechi boys are much worse than Sidney.

That was your key phrase. Sidney's problems were swept under the rug to an even greater extent than the Nkemdiches'. You never found it odd that he "went back to Texas to work out" when the TEAM left the country to go overseas in the fall of 2012? Shocked me that no one really seemed to ask questions at the time...

[Coach34]

I don't agree with this at all. Although Sidney was probably the laziest thing to ever step foot on our court he was never in trouble with the law as far as I know. I think the Kimdeechi boys are much worse than Sidney.

He meant it from the standpoint that Sidney was what led to Stands being fired is my guess

[hells bells]

Yes, it might be the biggest troll effort in the history of troll efforts.

So, you doubt this info? Me, do not know if it is fact or not. If it is this is a game changer.

[gtowndawg]

with his bare hands (and feet).

//No, the Elgin Bailey fight doesn't count. They just needed a snickers.

[RossDawg82]

That was your key phrase. Sidney's problems were swept under the rug to an even greater extent than the Nkemdiches'. You never found it odd that he "went back to Texas to work out" when the TEAM left the country to go overseas in the fall of 2012? Shocked me that no one really seemed to ask questions at the time...

I did find that odd. But I still think the Kimdichee boys are more of a cancer than Sidney was. I think TSUN has more of a Miami Hurricanes type issue going on. There is no control over that team at all and no player leadership. Year in and Year out, MSState has at least 1 or 2 leaders on the team, be it Russell or Dak or someone on the Defense. We play as a unit. Ole Miss does not and their best leader is Sunshine.

[Coach34]

I certainly think the Kimchee's are more of an issue simply because of all the legalities that have arisen already. No doubt about it

Freezus is not the only one worrying about their job right now

[blacklistedbully]

But don't you know the N brothers filed a counter-suit? According to a Bear on Rivals, that proves they are innocent, and that this is going to go away quietly very soon.

[engie]

DT Shackleford and Cody Prewitt are as good of quality leadership guys as you'll find. There are some quality "glue" guys on that team -- but there may not be enough of them to keep everyone pulling in the right direction(See MSU 2012).

[bannedwayne]

Just a nugget or two

1. Heard that the reason Mikhail Miller transferred is because he reported the drug use by the Kimchee's and others to the coaching staff. It filtered down to those players he reported them- it got ugly- he decided to leave the program. Alsosaid Miller hasnt been the only one "bullied" by them. Another parent has met with Freezus about it.

2. Freezus was the lead dog in getting the Kimchee assault covered up and no charges filed. He called in a few favors on this one. The legal team knows it and is going to try and expose it somehow. This is one major concern for the OM people right now.

3. Numerous offers were made to keep this under wraps- all turned down. This case is not about money for the kid and his parents- they are pissed.

My buddy said- "Wool- if it was about money- it would have never seen the light of day. They have been offered enough of that. These people want someone's head. The Kimchee's may end up being Freeze's "Renardo Sidney"

Agree with most everything here.

With concern to number 2, I head a rumor from a Bear friend that Freeze personally talked to the KA officers after the incident to calm them down.

Only disagreement is number 3. Yes, they are pissed and yes, it's about the money. $1M in punitive damages isn't chump change.

[Interpolation_Dawg_EX]

Just a nugget or two

2. Freezus was the lead dog in getting the Kimchee assault covered up and no charges filed. He called in a few favors on this one. The legal team knows it and is going to try and expose it somehow. This is one major concern for the OM people right now.


He was probably just doing what LeAnne Touy told him to do...423

[level set]

Having read through the civil complaint and seeing that UPD was unable to find anyone that could identify anyone, there are two or three scenarios that could play out.

1) The case is found to be without merit and will be thrown out. The plaintiff will have to present something to the courts that implicates the Nkemdiche brothers for this to proceed through the court. I just do not see a respected law firm pursuing this litigation without some silver bullet of sorts, they know the process well.

2) The plaintiff has some silver bullet, either a witness or more, video, something that implicates the Nkemdiche brothers. If this is the case, there is a good chance this survives all of the motions to dismiss, which will either lead to a trial or settlement.

3) The plantiff has some very damning evidence. This is where the conspiracy theories will reside, however this is a possibility.


After thinking this through and talking with some colleagues, things just do not add up. Why would a respected law firm go on a Kamikaze mission? According to UPD, there are no witnesses. A fraternity house that was full of people and was in the process of being cleared out and nobody saw anything? I find this hard to believe. This is where the conspiracy theorists will line up, alleging that someone tried to cover this up. The question then becomes who attempted to cover this up? We already see allegations that Hugh Freeze lead this alleged coverup effort.

Another point a colleague brought up, why only sue the Nkemdiche brothers? There is no dispute that two young men were severely beaten at the fraternity house after attending a fraternity house party. There is low hanging fruit there, this took place on fraternity property and the fraternity has money and insurance, so why not pursue them for damages? Today there is a much better chance that the fraternity can produce the funds required for a settlement. Two college football players cannot produce anything close to the demand made in the complaint. This would make some sense with the rumor number 3, the plaintiff has an axe to grind with the Nkemdiche brothers and perhaps someone else.

This will be interesting litigation to follow over the next several months.

[Coach34]

Only disagreement is number 3. Yes, they are pissed and yes, it's about the money. $1M in punitive damages isn't chump change.

True- but they have already been offered significant sums of money that wouldnt have been eaten up with legal fees.

[codeDawg]

This is pretty much in line with what I think is going on.

1. Even if they win, they will never see this money. They are going to have to go out of pocket to pay the lawyers at the end of the day. If they wanted money, they would have settled this a long time ago or they would have included someone who has money (KA, UPD, UM) in the case.

2. The police work is shitty at best. In a house full of people two kids get their heads kicked in and nobody knows anything? The victims identify the attackers and NOBODY can collaborate or give another ID? Come on. If somebody wanted to solve this one it would not have taken much effort.

3. The firm taking the case is 1. reputable, and 2. is going to take a LOT of heat locally for taking the case. This will cost them business, so they must be on to something worthwhile.

4. The neat thing about civil cases is that you can compel a witness to testify. They can claim the 5th amendment, but that can be used against them unlike a criminal case. I would not be surprised to see Freeze, Bjork, half the football team, half of KA, and the 2013 recruiting class on the stand. They could make this a real circus.

5. Don't be surprised if the "real attacker" shows up pretty soon. Also, don't be surprised if his family members all get promotions shortly after. The neat thing about this scenario is that if they prove it was RK & Co. in the civil trial, the cover up could sink more than those already under the lights.

Bodies are going under the bus soon. Going to make popcorn. BRB.

[Vandownbytheriver]

How is this different than the Winston case some of you so fiercely denied? Well, besides the Ole Miss factor. Alleged crime occurs, massive cover up ensues, details come out a year later, no charges filed, civil case ensues. Granted the Winston case hasn't went that way, but rumors are surfacing it may. I think both cases are evident that athletes are somehow more important than regular students. Especially high profile ones.

[bannedwayne]

Agreed. But as any good litigator knows, the best way to get a settlement from a publicly recognizable person is to try them in the court of public opinion if a under-the-table exchange doesn't work.

My guess is that the plaintiff refused the offers and used the threat of a public lawsuit as leverage. Kimdichee's tried to call his bluff, but he laid the hammer down.

[Bully Dee Williams]

DT Shackleford and Cody Prewitt are as good of quality leadership guys as you'll find. There are some quality "glue" guys on that team -- but there may not be enough of them to keep everyone pulling in the right direction(See MSU 2012).

Prewitt isn't a choir boy. He's done a few things at OM that haven't seen the light of day.

[engie]

Prewitt isn't a choir boy. He's done a few things at OM that haven't seen the light of day.

No one is saying he is. But he's a very good leader overall.

[RossDawg82]

The K brothers will not pay a cent to the Fareeses. They handle a large majority of Ole Miss Litigation and I promise that this will be paid by someone affiliated with the University.

[slickdawg]

Neil McReady was on Out Of Bounds this morning, it seemed like he was laying the footwork for Denzel to be tossed. Something like "There's no slack in his rope" and "he's had other issues".

[bonesknowstig]

Either A, the police are involved and the real lawsuit should be with them; or B, the kid's looking for money.

Part of me hopes it's B even though I'd love to see Ole Miss in a tizzy, I have friends at OPD, UPD, and LCSD. I'd like to think they aren't involved in anything like this.

[RossDawg82]

If fraternities are about brotherhood and my boys watched me get my ass whooped without doing anything, I would sue the shit out of KA

[NewTweederEndzoneDance]

Having read through the civil complaint and seeing that UPD was unable to find anyone that could identify anyone, there are two or three scenarios that could play out.

1) The case is found to be without merit and will be thrown out. The plaintiff will have to present something to the courts that implicates the Nkemdiche brothers for this to proceed through the court. I just do not see a respected law firm pursuing this litigation without some silver bullet of sorts, they know the process well.

2) The plaintiff has some silver bullet, either a witness or more, video, something that implicates the Nkemdiche brothers. If this is the case, there is a good chance this survives all of the motions to dismiss, which will either lead to a trial or settlement.

3) The plantiff has some very damning evidence. This is where the conspiracy theories will reside, however this is a possibility.


After thinking this through and talking with some colleagues, things just do not add up. Why would a respected law firm go on a Kamikaze mission? According to UPD, there are no witnesses. A fraternity house that was full of people and was in the process of being cleared out and nobody saw anything? I find this hard to believe. This is where the conspiracy theorists will line up, alleging that someone tried to cover this up. The question then becomes who attempted to cover this up? We already see allegations that Hugh Freeze lead this alleged coverup effort.

Another point a colleague brought up, why only sue the Nkemdiche brothers? There is no dispute that two young men were severely beaten at the fraternity house after attending a fraternity house party. There is low hanging fruit there, this took place on fraternity property and the fraternity has money and insurance, so why not pursue them for damages? Today there is a much better chance that the fraternity can produce the funds required for a settlement. Two college football players cannot produce anything close to the demand made in the complaint. This would make some sense with the rumor number 3, the plaintiff has an axe to grind with the Nkemdiche brothers and perhaps someone else.

This will be interesting litigation to follow over the next several months.

The reason I don't buy the cover up conspiracy theories right now is because if there was some smoking gun, they would have sued the UPD and the officers in question for covering it up. Maybe even Freeze/the AD/whoever ordered the cover up.

All the Plaintiff needs right now is him saying that these players assaulted him. That is it. I'm sure the girlfriend and friend have made witness statements supporting him, but the rest of anything that comes from this will surface through discovery. They may well find a smoking gun, but I highly doubt they have one at the moment.

[Madisonmd]

My sons friend is a KA ay OM. He says they have been issued a gag order by fraternity leadership.

[Lloyd Christmas]

If fraternities are about brotherhood and my boys watched me get my ass whooped without doing anything, I would sue the shit out of KA

This seems to be the most misunderstood part. From reading the cvil case complaint you can see the plaintiff was NOT a KA, but visiting friends. If he had been a KA we would've heard about this a year ago.

[RossDawg82]

My sons friend is a KA ay OM. He says they have been issued a gag order by fraternity leadership.

who issued it? I wonder if that came from the attorneys going after the K brothers. If that's the case, they have something up their sleeve.

[Madisonmd]

He just said "their leadership", don't think it was the attorneys

[RougeDawg]

I certainly think the Kimchee's are more of an issue simply because of all the legalities that have arisen already. No doubt about it

Freezus is not the only one worrying about their job right now

Did someone order up a Bjork sandwich?

[Johnson85]

3. The firm taking the case is 1. reputable, and 2. is going to take a LOT of heat locally for taking the case. This will cost them business, so they must be on to something worthwhile.


People are putting way too much stock in the fact that an attorney was willing to take this case. They are being paid to take a case; most firms will take it unless it is frivelous or unless they are very concerned with fallout. You can be pretty sure they are not taking it on a contingency because if they had, they would be suing at least the KA because of the deep pockets. The plaintiffs are either paying on an hourly basis, or they have so much other business to hand out that the firm is basically writing it off as business development, even if they technically have a contingency fee arrangement in place.

This case is just weird. You wouldn't expect a plaintiff to pay out of pocket if he was full of shit or if credible testimony was going to come out that he was yelling racial slurs. So you would think this is going to be bad for the Kimdechiodss. But you also wouldn't expect the police department to be too lazy to even do an investigation or to blatantly participate in a cover-up, one of which must be true if the plaintiff is not full of shit.

Either the plaintiff is scared to tell his parents what instigated the fight and so they are proceeding as if what's in the complaint is gospel or the cops actually turned a blind eye because it was football players or maybe the cops did a minimal investigation and decided it was boys being boys, but again it's hard to believe they woudl do that when somebody was at the hospital. At least one party is going to come out of this looking terrible, possibly both, and if the plaintiff does not come out looking terrible, somebody at the UPD at the very least is going to have to lose their job.

[Interpolation_Dawg_EX]

This is pretty much in line with what I think is going on.

5. Don't be surprised if the "real attacker" shows up pretty soon. Also, don't be surprised if his family members all get promotions shortly after. The neat thing about this scenario is that if they prove it was RK & Co. in the civil trial, the cover up could sink more than those already under the lights.
That's the first thing I thought of when I read the statement from their attorney: ?We deny all allegations,? Steve Farese said. ?My personal opinion after interviewing witnesses is that this is a classic case of misidentification.?

[RougeDawg]

Well we know OM students and fans care more about winning a football game than they do another person's well being or life, so it will be very difficult to get them to talk. A good lawyer will make a few of them slip up in court though. Need a sneaky one, kinda like the head football coach at OM.

[bannedwayne]

who issued it? I wonder if that came from the attorneys going after the K brothers. If that's the case, they have something up their sleeve.

My guess is KA Admin - the national office.

Although KA isn't being sued, the more the members talk, the more likely that they could be implicated in some way. Sounds like a CYA maneuver.

[SignalToNoise]

He just said "their leadership", don't think it was the attorneys

This probably means KA National office (located in Virginia), which I'm sure has a legal staff.

[msstate7]

This is pretty much in line with what I think is going on.

1. Even if they win, they will never see this money. They are going to have to go out of pocket to pay the lawyers at the end of the day. If they wanted money, they would have settled this a long time ago or they would have included someone who has money (KA, UPD, UM) in the case.

2. The police work is shitty at best. In a house full of people two kids get their heads kicked in and nobody knows anything? The victims identify the attackers and NOBODY can collaborate or give another ID? Come on. If somebody wanted to solve this one it would not have taken much effort.

3. The firm taking the case is 1. reputable, and 2. is going to take a LOT of heat locally for taking the case. This will cost them business, so they must be on to something worthwhile.

4. The neat thing about civil cases is that you can compel a witness to testify. They can claim the 5th amendment, but that can be used against them unlike a criminal case. I would not be surprised to see Freeze, Bjork, half the football team, half of KA, and the 2013 recruiting class on the stand. They could make this a real circus.

5. Don't be surprised if the "real attacker" shows up pretty soon. Also, don't be surprised if his family members all get promotions shortly after. The neat thing about this scenario is that if they prove it was RK & Co. in the civil trial, the cover up could sink more than those already under the lights.

Bodies are going under the bus soon. Going to make popcorn. BRB.

I wonder if there are recruits that signed elsewhere that will testify against Kim brothers

[bannedwayne]

It happened after signing day, so it is doubtful that any non-OM recruits were present....

[BeardoMSU]

To me, that just adds more smoke to the situation, and gives a little more credence to the plaintiff's case.

Seriously, who of these KA's would willingly rat on 2 football players, especially those of "rock star" caliber as the Kem-Che brothers? That just wouldn't happen.

It's also worth noting that the so-called "investigation" was literally the campus police merely asking members of the KA house "what happened" and if they "saw who threw the punches". All they had to reply with was "no, sir, we didn't see anything". At that point, there really isn't an incentive for telling the truth, and there are no consequences for keeping your mouth shut. And as far as I've read, the victims were not interviewed by the police. How does that happen?

[bannedwayne]

To me, that just adds more smoke to the situation, and gives a little more credence to the plaintiff's case.

Seriously, who of these KA's would willingly rat on 2 football players, especially those of "rock star" caliber as the Kem-Che brothers? That just wouldn't happen.

It's also worth noting that the so-called "investigation" was literally the campus police merely asking members of the KA house "what happened" and if they "saw who threw the punches". All they had to reply with was "no, sir, we didn't see anything". At that point, there really isn't an incentive for telling the truth, and there are no consequences for keeping your mouth shut. And as far as I've read, the victims were not interviewed by the police. How does that happen?

No insight into this particular investigation, but I've seen cops "investigate" fights before when I worked as a bartender.

Typically they would show up after the people who punched somebody up had left, ask some questions to the friends of the victim, and then come ask us if we had seen anything. About the only thing we would be able to offer is something like "he was wearing a black shirt and jeans and was with a couple of other people." I never got the impression that cops actually actively looked for the guys.

But this was at a bar in Jackson, and JPD probably isn't the best indicator of policing standards.

[RossDawg82]

No insight into this particular investigation, but I've seen cops "investigate" fights before when I worked as a bartender.

Typically they would show up after the people who punched somebody up had left, ask some questions to the friends of the victim, and then come ask us if we had seen anything. About the only thing we would be able to offer is something like "he was wearing a black shirt and jeans and was with a couple of other people." I never got the impression that cops actually actively looked for the guys.

But this was at a bar in Jackson, and JPD probably isn't the best indicator of policing standards.

Neither are Campus police.

[BeardoMSU]

Yeah, thats what I'm saying. If it was the Kemberly Brothers, when the cops showed up, what OM fan KA member would say "yes, officer, it was our starting middle line backer and his brother, the #1 recruit in the nation". I just don't see it; nor do I really find this as an OM "thing", as I'm sure it would happen here or anywhere else as well.

If the cops did in fact interview the victim or his friends, and at the time they said they couldn't ID the aggressor, then the "investigation" would seem legit. But, if they were not interviewed at all, how could you say the investigation has been cleared up when the only people interviewed have a vested interest in making sure the people responsible for the victims injuries are not held responsible for it. That is what doesn't make sense.

[Pollodawg]

To the dude that said the plaintiff is probably paying for the hour, normally that's the defensive side of a civil suit. Most lawyers bringing a case don't get paid until the smoke clears, and they're victorious. If they lose, it's out of pocket for them.

[Pollodawg]

And stop letting the time frame get in the way. It can take years to gather evidence and line up expert witnesses and whatnot, all paid for the by the plaintiff's attorney.

[Pollodawg]

This is a milt-million dollar civil suite. Believe me when I say the plaintiff's team will have their ducks in a row on this. They will likely be out hundreds of thousands of dollars if they do not.

[EAVdog]

The biggest thing that sticks out is that if the Kimchees and other had nothing to do with it then why did the Coaches and Athletic Admin do their own 'Investigation'?

Someone beat the crap out of this guy. That is indisputable. If this is a case of 'mis-identification' then just who is the culprit(s)? Was a bunch of KA's? Was it Coach34 and the ED Crew? This will boil down to who can come up with a witness, plain and simple. Seems pretty obvious that the Kimchees and Pals beat this kid down but so far everyone has closed ranks. Just how tight does the circle stay when high dollar law suits are pointed at their direction.

[Coach34]

Had someone tell me a few mins ago the Plaintiff's attorneys are very confident with what they have

[Pollodawg]

Had someone tell me a few mins ago the Plaintiff's attorneys are very confident with what they have

Big time firms don't take shit cases. I know enough of them to know this....

[Pollodawg]

Lot of uncomfortable shit for OM will come out in this.....You can almost bank on it.

[noledawg]

The biggest thing that sticks out is that if the Kimchees and other had nothing to do with it then why did the Coaches and Athletic Admin do their own 'Investigation'?

Someone beat the crap out of this guy. That is indisputable. If this is a case of 'mis-identification' then just who is the culprit(s)? Was a bunch of KA's? Was it Coach34 and the ED Crew? This will boil down to who can come up with a witness, plain and simple. Seems pretty obvious that the Kimchees and Pals beat this kid down but so far everyone has closed ranks. Just how tight does the circle stay when high dollar law suits are pointed at their direction.

This is the biggest thing for me as well, but to take it a step further, the internal investigation purportedly happened soon after the assault (at least I believe I read that somewhere). If that is the case then someone identified the defendant(s) not too long after the assault otherwise how could an internal investigation be conducted unless the coaches/administration knew that their athletes were somehow involved.

I guess the fact that some of their names are supposedly on the police report could be the reason, but I still think that it is a bit weird. Regardless it should be entertaining going forward.

[Tbonewannabe]

So could there be other lawsuits that follow if it is proven that some people tried to cover this up? If Freeze gets on the stand and then they prove he lies on the stand would that help a future lawsuit?

There maybe other lawsuits to be filed but the firm is waiting to see how this is handled. Is that probable?

[NewTweederEndzoneDance]

Had someone tell me a few mins ago the Plaintiff's attorneys are very confident with what they have

Like I said, all they need to get this to trial is he-said, she-said evidence. If they have 3 witnesses that state as absolute fact that the brothers beat this kid just as stated in the Complaint, the case will go to trial unless it's settled. You don't get a civil matter tossed unless there are no genuine issues of material fact in dispute - i.e. the Dichee attorneys would have to prove that there is no evidence linking them to the claims. So, of course they are confident. All they want is a trial where they can show any evidence they uncover discrediting the brothers. And as to that, one of the brothers just spent the night in jail - how nice.

The Plaintiff's attorneys also now get to conduct discovery, and they know that there is no telling what they will discover. Both sides are about to go on major fishing expeditions.

[Johnson85]

And stop letting the time frame get in the way. It can take years to gather evidence and line up expert witnesses and whatnot, all paid for the by the plaintiff's attorney.

If this was being paid for by the plaintiff's attorney, then somebody with deeper pockets than the NKembidasess would have been sued. Either the plaintiffs are footing the bill up front or there has already been a deal made to keep the KA's out of it. I just don't think a reputable plaintiffs firm is going to rely solely on the ability to recover from the Nkemiabisos; if it was the attorneys' money at risk, they'd sue the property owners also in order to bring the potential for insurance coverage into it. Maybe they'd do it just for the publicity, but it doesn't seem like that would justify actually going to trial.

[Pollodawg]

Like I said, all they need to get this to trial is he-said, she-said evidence. If they have 3 witnesses that state as absolute fact that the brothers beat this kid just as stated in the Complaint, the case will go to trial unless it's settled. You don't get a civil matter tossed unless there are no genuine issues of material fact in dispute - i.e. the Dichee attorneys would have to prove that there is no evidence linking them to the claims. So, of course they are confident. All they want is a trial where they can show any evidence they uncover discrediting the brothers. And as to that, one of the brothers just spent the night in jail - how nice.

The Plaintiff's attorneys also now get to conduct discovery, and they know that there is no telling what they will discover. Both sides are about to go on major fishing expeditions.


This man speaks the truth.....

[HailState39110]

Exactly. A reputable firm like Burch, Portis, and Johnson has to have a few smoking guns. They wouldn't have taken the case if they didn't have some concrete evidence. This isn't an ambulance chasing dog bite phone book 'have you been injured' attorney we are talking about . I think the plaintiffs firm has done some homework before this went public and is ready to pounce . Good luck Kimdashians

[NewTweederEndzoneDance]

Exactly. A reputable firm like Burch, Portis, and Johnson has to have a few smoking guns. They wouldn't have taken the case if they didn't have some concrete evidence. This isn't an ambulance chasing dog bite phone book 'have you been injured' attorney we are talking about . I think the plaintiffs firm has done some homework before this went public and is ready to pounce . Good luck Kimdashians

something else everyone is missing - BPJ in Memphis was more than likely brought in to handle this. John Houseal is an Arky attorney listed as of counsel, which means to me that the family went to him and he brought it to BPJ to handle because they have some MS lawyers in the firm.

[Pollodawg]

And you can best that Dichee's team will push for mediation almost immediately if there is a smoking gun here.

[Pollodawg]

This not uncommon. Several smaller time lawyers will hire bigger firms for a negotiated piece of the pie. Still, BPJ didn't have to sign on.

[RC3]

KAs could be left out because many of their members are possibly key witnesses and the Plaintiff needs them to be honest and forthcoming about the events that transpired that night. They would probably be less likely to do so if they were defendants as well. I found it strange in the complaint that the pleadings were almost commending the KAs on trying to calm the situation and clear the house out

[RC3]

something else everyone is missing - BPJ in Memphis was more than likely brought in to handle this. John Houseal is an Arky attorney listed as of counsel, which means to me that the family went to him and he brought it to BPJ to handle because they have some MS lawyers in the firm.

i noticed that too and couldnt come up with any other reason that he wouldve been included as 'of counsel.'

[Pollodawg]

If there is no proverbial "smoking gun" the whole thing will hinge on who can make their witnesses look most credible to the 12 folks in a jury box.

[NewTweederEndzoneDance]

This not uncommon. Several smaller time lawyers will hire bigger firms for a negotiated piece of the pie. Still, BPJ didn't have to sign on.

It's not uncommon at all, but Houseal's firm is probably footing a lot of the bills, and maybe even doing a lot of the legwork themselves. And the family going to a lawyer in Arkansas tells me there is a connection between them. Otherwise why go get an Arkansas attorney for something that happened in Mississippi?

Combine this with the KAs being very carefully crafted out of the Complaint (in other words they very carefully excluded the deep pockets portion of this entire action), and we have ourselves a very personal feud going down here.

[spiritual_machine2005]

So much hearsay and rumors being relayed as facts. This is getting foggy. I wish someone could start a thread on what is actually known as fact.

[Pollodawg]

It's not uncommon at all, but Houseal's firm is probably footing a lot of the bills, and maybe even doing a lot of the legwork themselves. And the family going to a lawyer in Arkansas tells me there is a connection between them. Otherwise why go get an Arkansas attorney for something that happened in Mississippi?

Combine this with the KAs being very carefully crafted out of the Complaint (in other words they very carefully excluded the deep pockets portion of this entire action), and we have ourselves a very personal feud going down here.


More than likely true. I don't think OM wants the issue probed during the discovery process and likely neither do the plaintiffs. At any rate, personal or not, if RN and DN did it, there still should be some suite over it. You can't rough someone up that badly and expect nothing to come from it.

[mic]

So much hearsay and rumors being relayed as facts. This is getting foggy. I wish someone could start a thread on what is actually known as fact.

FACT: There is trouble in Oxford..

[Johnson85]

KAs could be left out because many of their members are possibly key witnesses and the Plaintiff needs them to be honest and forthcoming about the events that transpired that night. They would probably be less likely to do so if they were defendants as well. I found it strange in the complaint that the pleadings were almost commending the KAs on trying to calm the situation and clear the house out

Then where is the money coming from. Remember, if the attorneys are working on a contingency fee, the goal is to get paid, not just win the case. So by leaving the KA's out, the only clear way they could get paid would be to get a judgment and then collect off of any professional contract signed by RK. Not a terrible bet and if they go to trial, he would likely be in the NFL (or at least eligible to be drafted) before they got a final verdict. But they're still going to have to front some money for expert witnesses and discovery. I don't know that the lawfirm's appetite for risk is, but relying on winning the case and then RK going pro and making enough money to payoff a six or seven figure settlement doesn't seem like a great risk when you could throw in the KA's and at least have a hope of small settlement from them to cover some expenses.

[Jack Lambert]

I certainly think the Kimchee's are more of an issue simply because of all the legalities that have arisen already. No doubt about it

Freezus is not the only one worrying about their job right now

They have at lest one more year with one and two more years with the other. Good luck with that!

[Pollodawg]

Then where is the money coming from. Remember, if the attorneys are working on a contingency fee, the goal is to get paid, not just win the case. So by leaving the KA's out, the only clear way they could get paid would be to get a judgment and then collect off of any professional contract signed by RK. Not a terrible bet and if they go to trial, he would likely be in the NFL (or at least eligible to be drafted) before they got a final verdict. But they're still going to have to front some money for expert witnesses and discovery. I don't know that the lawfirm's appetite for risk is, but relying on winning the case and then RK going pro and making enough money to payoff a six or seven figure settlement doesn't seem like a great risk when you could throw in the KA's and at least have a hope of small settlement from them to cover some expenses.


Not a safe bet at all. File chapter 7 bankruptcy and all garnishment payments will cease.

[RC3]

Then where is the money coming from. Remember, if the attorneys are working on a contingency fee, the goal is to get paid, not just win the case. So by leaving the KA's out, the only clear way they could get paid would be to get a judgment and then collect off of any professional contract signed by RK. Not a terrible bet and if they go to trial, he would likely be in the NFL (or at least eligible to be drafted) before they got a final verdict. But they're still going to have to front some money for expert witnesses and discovery. I don't know that the lawfirm's appetite for risk is, but relying on winning the case and then RK going pro and making enough money to payoff a six or seven figure settlement doesn't seem like a great risk when you could throw in the KA's and at least have a hope of small settlement from them to cover some expenses.

those are fair points as well. from what i just heard (from a bear homer nonetheless) this lawsuit has a ton of teeth and K brahs are the ones who clearly acted out of line. Maybe they honestly believe that the fraternity has zero liability this time. still strange not to name them though

[Jack Lambert]

If this was being paid for by the plaintiff's attorney, then somebody with deeper pockets than the NKembidasess would have been sued. Either the plaintiffs are footing the bill up front or there has already been a deal made to keep the KA's out of it. I just don't think a reputable plaintiffs firm is going to rely solely on the ability to recover from the Nkemiabisos; if it was the attorneys' money at risk, they'd sue the property owners also in order to bring the potential for insurance coverage into it. Maybe they'd do it just for the publicity, but it doesn't seem like that would justify actually going to trial.

If the KA house is on campus wouldn't property be owned by the school? Just curious.

[War Machine Dawg]

So much hearsay and rumors being relayed as facts. This is getting foggy. I wish someone could start a thread on what is actually known as fact.

Bear alert.

[Jack Lambert]

Not a safe bet at all. File chapter 7 bankruptcy and all garnishment payments will cease.

That's not completely true. The court will decide what is discharged and what is not. Also if they find any evidence of abuse of the chapter 7 case it could be tossed out as well.

There is also a means test you have to pass in order to file chapter 7.

Bassically if you have the resources you have to pay your debt.

But I would think the plaintiff lawyers are smart enough to drag this out until one or both are in the NFL and this will take care of the means test. I would be surprise if either one plays four seasons at Ole Miss with the new Rookie contracts in the NFL.

[spiritual_machine2005]

Bear alert.

I'm not a Bear. Ill do my best internet defense if possible to prove it! Seriously, I just read a lot of stuff by a lot of different posters on here and other boards and just wondered what all was actually fact and what was rumors. I am not a lawyer or have lawyer friends, so I don't know anything about this stuff. I agree...one fact is they are in TROUBLE.

[SignalToNoise]

If the KA house is on campus wouldn't property be owned by the school? Just curious.

At State and ole miss I am pretty sure the national organizations own their respective houses.

[bannedwayne]

I doubt DK gets drafted at all, particularly after his Junior year.

He might not play 4 seasons, but it will be because of off-the-field issues, not pro-level talent.

Dude is good, but he's small.

[RossDawg82]

So could there be other lawsuits that follow if it is proven that some people tried to cover this up? If Freeze gets on the stand and then they prove he lies on the stand would that help a future lawsuit?

There maybe other lawsuits to be filed but the firm is waiting to see how this is handled. Is that probable?

If HF lies on the stand he will be immediately arrested and subsequently fired soon after. He will not lie for those two guys on the stand. Maybe to UPD but not a high profile attorney

[Jack Lambert]

I doubt DK gets drafted at all, particularly after his Junior year.

He might not play 4 seasons, but it will be because of off-the-field issues, not pro-level talent.

Dude is good, but he's small.

Nothing surprises me any more when it comes to the draft. The guy has been a all american one year and all SEC two years. They will consider him if his Jr year is a good one. He doesn't have to play LB either.

[Johnson85]

That's not completely true. The court will decide what is discharged and what is not. Also if they find any evidence of abuse of the chapter 7 case it could be tossed out as well.

There is also a means test you have to pass in order to file chapter 7.

Bassically if you have the resources you have to pay your debt.

But I would think the plaintiff lawyers are smart enough to drag this out until one or both are in the NFL and this will take care of the means test. I would be surprise if either one plays four seasons at Ole Miss with the new Rookie contracts in the NFL.

Can you discharge judgments from an intentional tort in bankruptcy? I was thinking it was non-dischargeable.

[Jack Lambert]

Can you discharge judgments from an intentional tort in bankruptcy? I was thinking it was non-dischargeable.

To be honest I am not a lawyer but I helped my younger brother through one last year and learned a lot about chapter 7 and 13. But to answer I (think) the judgment can be discharge in Mississippi but again it the desicions of the bankruptcy court and if they see any signs of abuse they can toss the chapter 7 or not discharge it.

One thing I did learn was anyone can file chapter 13 and you can file chapter 13 as many times as you want. Chapter 7 is good because your debt goes away as soon as the discharge where in the chapter 13 it stays around for 3 to 5 years while you make payments to the court and then what is left is discharged.

Just checked I think settlements arriving from injuries from car accidents if the driver is DUI cannot be discharged but all others can. Still could be wrong.

[lefty96]

At State and ole miss I am pretty sure the national organizations own their respective houses.

I do know that State owns the property the houses sit on. . . kind of an odd arrangement.

[Political Hack]

If this was being paid for by the plaintiff's attorney, then somebody with deeper pockets than the NKembidasess would have been sued. Either the plaintiffs are footing the bill up front or there has already been a deal made to keep the KA's out of it. I just don't think a reputable plaintiffs firm is going to rely solely on the ability to recover from the Nkemiabisos; if it was the attorneys' money at risk, they'd sue the property owners also in order to bring the potential for insurance coverage into it. Maybe they'd do it just for the publicity, but it doesn't seem like that would justify actually going to trial.

pretty sure the firm can file a motion to add more names to the suit. they just had to file the suit before the statute of limitations ran out. adding more people isn't protected by a statute of limitations... and based on what I've heard I would expect others to be added.

[Interpolation_Dawg_EX]

pretty sure the firm can file a motion to add more names to the suit. they just had to file the suit before the statute of limitations ran out. adding more people isn't protected by a statute of limitations... and based on what I've heard I would expect others to be added.
Isn't this why they have the "John Does" in the complaint?

[thf24]

If HF lies on the stand he will be immediately arrested and subsequently fired soon after. He will not lie for those two guys on the stand. Maybe to UPD but not a high profile attorney

But if he indeed directly participated in a cover up, how could he not lie without implicating himself? Freeze may be screwed no matter what if this whole thing really does have legs.

[Johnson85]

Isn't this why they have the "John Does" in the complaint?

Yes but there are limitations. I would have thought you couldn't use a john doe to later add the premises owner/controller, when you knew who they were and had good reason to suspect of liability. On the other hand, any claim against KA would probably not be an intentional tort, so the SOL wouldn't have run yet. Not sure what restrictions there are on adding a party after the initial suit is filed but before the SOL have run.

[slickdawg]

The plaintiff has got to have something since he identified Denzel-Ray and Robert, but the other five are John Does. Get your popcorn.

[fishwater99]

There was an incident in August that resulted in a student getting his jaw broken by a football player.
The K-brothers and Bo were involved, I will post more info when I have it.

[BossDawg]

There was an incident in August that resulted in a student getting his jaw broken by a football player.
The K-brothers and Bo were involved, I will post more info when I have it.

?????

[biggun]

Nothing surprises me any more when it comes to the draft. The guy has been a all american one year and all SEC two years. They will consider him if his Jr year is a good one. He doesn't have to play LB either.

5'11 190lb linebackers do not exist in the NFL and he is too slow to play safety. Denzel was very good in their scheme in 2012 but was injured and mediocre this past year, there is no debating that. What got him on All SEC teams this past season was his last name, period.

NFL early draft entry???? Comical!! Just like mentioning his name with the NFL!!! A better correlation would be Parchman or the penal system, that is where he will be in 1 or 2 years, not the NFL

[dawgs]

Nothing surprises me any more when it comes to the draft. The guy has been a all american one year and all SEC two years. They will consider him if his Jr year is a good one. He doesn't have to play LB either.

before he came out as gay, michael sam was projected to be a mid round pick at best in the draft despite leading the SEC in sacks and winning defensive player of the year. and he's considered to be a tweener (somewhere between 4-3 DE and 3-4 OLB). DK isn't nearly that good and is even in worse shape as a tweener (between LB and S). So being really good in college, even in the best conference in the country doesn't mean you are a high end pro prospect. DK was also a freshman AA, not a real AA, and his all sec selection this year was a ****ing joke and everyone with brain knows it.