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Roberto Osuna is a free man after the criminal charges against the Houston Astros were dropped this week in favor of an advocacy agreement. Osuna Was arrested in May by Toronto police and accused of assaulting Alejandra Román Cota. Despite contradictory events, Osuna 's lawyer, Domenic Basile, has always maintained that Osuna had never assaulted Cota.
Houston Astros pitcher Roberto Osuna has signed after the Astros defeated the Seattle Mariners 10-7 in a baseball game Wednesday, Aug. 22, 2018, in Seattle. (AP Photo / Elaine Thompson)
So what does all this mean? Is Osuna innocent? Here's what you need to know.
Since the criminal charges were dropped, does that mean that Osuna never assaulted Ms. Román Cota?
We can not conclude that. Before the Crown Attorney Catherine Mullaly could judge this case, she had to convince herself that there was a reasonable chance of obtaining a conviction. By offering Osuna an advocacy agreement, Mullaly said prospects for success were not good.
Well, that means that Osuna was innocent, right?
We can not conclude that. The problem here is that Román Cota elected not to cooperate with the Crown. Indeed, she returned to Mexico and indicated that she would not return to testify at the trial. Canadian authorities can not force her to return to Canada and testify. From Osuna and Román Cota were the only two people present at the incident, without his testimony, the Crown was unlikely to get a conviction. Hence the plea agreement, which includes a restraining order and advice. If she were in Ontario, the Crown could have forced her to testify against Osuna, even if she did not want to. As she is in Mexico, it makes her an impossibility. Moreover, even if she testified, nothing would prevent her from being an uncooperative witness or taking a different stance.
It is not unusual for alleged victims of domestic violence to retract or adopt a different position. This is especially the case when a couple has children together. Indeed, my very first case concerned a charge of domestic violence. I worked in legal aid at a law school and represented the accused. His girlfriend, who initially filed a complaint, spoke up and instantly became uncooperative with the prosecution. The prosecution urged (and indeed cross-examined), but she remained firm in her position that her boyfriend did not assault her. In the end, the accused walked.
So, you say that Osuna is guilty?
No. It was simply allegations against the nearest and he was never convicted for any crime. Indeed, the guilt agreement is not an admission of guilt and Basil insisted on the innocence of Osuna.
All other relevant points?
A few:
(a) MLB conducted its own investigation and finally suspended Osuna for 75 games for league violation Policy on domestic violence, sexual assault and child abuse. In giving the suspension, Commissioner Manfred stated: "After reviewing all available evidence, I concluded that Mr. Osuna had breached the policy and should be disciplined in the form of an unpaid suspension that will expire on August 4."In theory, if the case against Osuna was fragile, the MLB would risk an application for defamation by suspending it as well as a complaint filed by the MLBPA." The conclusion of the MLB, from a legal point of view, is remarkable.
b) The Blue Jays have publicly declared her "support" for the "decision of the Commissioner's office to suspend"Osuna.
c) The MLBPA did not file a complaint. The MLBA has a long history of challenging player discipline in cases where it believes that the evidence does not support the punishment. In this case, the union has agreed to file a complaint for the suspension of 75 games. Although there may be more, it is interesting.
(d) Former Jays Director John Gibbons also stated that he was "vVery disappointed with what happened".
(e) When the Astros traded Osuna, the team's general manager, Jeff Luhnow, issued this statement where he called Osuna "remorse": "We are delighted to welcome Roberto Osuna to our team. The due diligence of our front office was unprecedented. We are confident that Osuna has remorse, voluntarily complied with all the consequences related to her past behavior, has proactively engaged in counseling and will fully respect our zero tolerance policy with respect to her work. abuse of any kind. Roberto has good examples of character in our existing clubhouse that we believe will help him as he and his family make a fresh start and continue with the Houston Astros. We are waiting for Osuna's contributions as we enter the second half of the season. "Basylum challenged Luhnow's remorse comment and said that Osuna was "obviously the remorse of circumstances"but did nothing wrong.
None of this means that Osuna has committed a crime. For some, however, this may be relevant to assessing what happened on the night of May 8, 2018.
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Roberto Osuna is a free man after the criminal charges against the Houston Astros were dropped this week in favor of an advocacy agreement. Osuna Was arrested in May by Toronto police and accused of assaulting Alejandra Román Cota. Despite contradictory events, Osuna 's lawyer, Domenic Basile, has always maintained that Osuna had never assaulted Cota.
Houston Astros pitcher Roberto Osuna has signed after the Astros defeated the Seattle Mariners 10-7 in a baseball game Wednesday, Aug. 22, 2018, in Seattle. (AP Photo / Elaine Thompson)
So what does all this mean? Is Osuna innocent? Here's what you need to know.
Since the criminal charges were dropped, does that mean that Osuna never assaulted Ms. Román Cota?
We can not conclude that. Before the Crown Attorney Catherine Mullaly could judge this case, she had to convince herself that there was a reasonable chance of obtaining a conviction. By offering Osuna an advocacy agreement, Mullaly said prospects for success were not good.
Well, that means that Osuna was innocent, right?
We can not conclude that. The problem here is that Román Cota elected not to cooperate with the Crown. Indeed, she returned to Mexico and indicated that she would not return to testify at the trial. Canadian authorities can not force her to return to Canada and testify. From Osuna and Román Cota were the only two people present at the incident, without his testimony, the Crown was unlikely to get a conviction. Hence the plea agreement, which includes a restraining order and advice. If she were in Ontario, the Crown could have forced her to testify against Osuna, even if she did not want to. As she is in Mexico, it makes her an impossibility. Moreover, even if she testified, nothing would prevent her from being an uncooperative witness or taking a different stance.
It is not unusual for alleged victims of domestic violence to retract or adopt a different position. This is especially the case when a couple has children together. Indeed, my very first case concerned a charge of domestic violence. I worked in legal aid at a law school and represented the accused. His girlfriend, who initially filed a complaint, spoke up and instantly became uncooperative with the prosecution. The prosecution urged (and indeed cross-examined), but she remained firm in her position that her boyfriend did not assault her. In the end, the accused walked.
So, you say that Osuna is guilty?
No. It was simply allegations against the nearest and he was never convicted for any crime. Indeed, the guilt agreement is not an admission of guilt and Basil insisted on the innocence of Osuna.
All other relevant points?
A few:
(a) MLB conducted its own investigation and finally suspended Osuna for 75 games for league violation Policy on domestic violence, sexual assault and child abuse. In giving the suspension, Commissioner Manfred stated: "After reviewing all available evidence, I concluded that Mr. Osuna had breached the policy and should be disciplined in the form of an unpaid suspension that will expire on August 4."In theory, if the case against Osuna was fragile, the MLB would risk an application for defamation by suspending it as well as a complaint filed by the MLBPA." The conclusion of the MLB, from a legal point of view, is remarkable.
b) The Blue Jays have publicly declared her "support" for the "decision of the Commissioner's office to suspend"Osuna.
c) The MLBPA did not file a complaint. The MLBA has a long history of challenging player discipline in cases where it believes that the evidence does not support the punishment. In this case, the union has agreed to file a complaint for the suspension of 75 games. Although there may be more, it is interesting.
(d) Former Jays Director John Gibbons also stated that he was "vVery disappointed with what happened".
(e) When the Astros traded Osuna, the team's general manager, Jeff Luhnow, issued this statement where he called Osuna "remorse": "We are delighted to welcome Roberto Osuna to our team. The due diligence of our front office was unprecedented. We are confident that Osuna has remorse, voluntarily complied with all the consequences related to her past behavior, has proactively engaged in counseling and will fully respect our zero tolerance policy with respect to her work. abuse of any kind. Roberto has good examples of character in our existing clubhouse that we believe will help him as he and his family make a fresh start and continue with the Houston Astros. We are waiting for Osuna's contributions as we enter the second half of the season. "Basylum challenged Luhnow's remorse comment and said that Osuna was "obviously the remorse of circumstances"but did nothing wrong.
None of this means that Osuna has committed a crime. For some, however, this may be relevant to assessing what happened on the night of May 8, 2018.
