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Archive for Friday, June 20, 2008

Alleged victim in Collins case speaks out through attorney

June 20, 2008, 5:56 p.m. Updated June 21, 2008, 12:00 a.m.

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The attorney for a woman suing Kansas University basketball player Sherron Collins said his client showed "great courage in speaking the truth" from the day she said she was assaulted in a Jayhawker Towers elevator in May 2007.

James Wisler, the attorney for Jessica J. Brown, said Friday he was preparing a response to Collins' motion to have a default judgment against him set aside. Earlier this week a Douglas County judge granted judgment in excess of $75,000 to Brown because Collins, 21, had not responded to the lawsuit filed May 14.

Brown, 35, who worked in the Jayhawker Towers, is married, has children and other family in Lawrence, Wisler said. He said she had their support as well as many in the community in dealing with the "trauma of the event."

"Jessica Brown has never sought publicity. She only sought justice," Wisler said. "The facts and the legal issues are too complicated to fully and accurately discuss in the media."

Collins has not been charged with a crime and the alleged incident is still under investigation.

In the motion to set aside filed Wednesday by attorneys for Collins, the basketball star said he was unaware a previously hired attorney was no longer representing him, which was why he did not respond to the lawsuit.

Wisler said seeing Collins' motion was the first time he had heard Collins thought he had an attorney representing him at the time he was presented with a summons in the case.

Collins' previous attorney was not identified in court documents. Collins is now represented by attorneys Chris Burger and Brad Finkeldei of the Stevens & Brand law firm. They were unavailable or did not return phone and e-mail messages on Friday.

Comments

LadyJ 5 years, 10 months ago

Well for one, I don't think I said he did it, therefore I didn't judge him. I was commenting from what might have been her point of view. I do know that some victims never see their case go to court and the offenders walk. I feel that is wrong unless some restitution is made. I will give her the right to say she felt it did happen. He also has the right to say it didn't, which he didn't till now. Now if it had gone to court and she had her day in court, and then sued for $75,000, people would have had a right to call her a gold digger. If he had responded to the lawsuit and she actually got a judge to award $75,000 I would be amazed since it would be a ridiculous amount for such a situation and I myself would have thought it wrong. Having had a son subjected to a frivolous lawsuit for an outragous amount, in which he prevailed, I can see the other side too. But the other person felt justified and got their day in court, as it should be. Yes, there are frivolous lawsuits, but I think you can coutersue for just such a thing which would be Collins right to do so.

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Defender 5 years, 10 months ago

"That was a rant?"A short one, but yes. Now that your rant is over, care to dispute anything I said?

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Defender 5 years, 10 months ago

"Read some of Defender's past posts, and he calls me judgemental, wow."Now that your rant is over, care to dispute anything I said?

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Multidisciplinary 5 years, 10 months ago

toe (Anonymous) says: With all that construction up on the hill, they may as well build space to house a bail bondsman office.***I think I heard this is part of the remodeling/improvement plan that Self requested.The bondsman will occupy part of the first floor, along with the School of Arts Tattoo Parlor, a Legal Aid annex and Burger King.Have you had "Your" whopper today?

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LadyJ 5 years, 10 months ago

Read some of Defender's past posts, and he calls me judgemental, wow.

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toe 5 years, 10 months ago

With all that construction up on the hill, they may as well build space to house a bail bondsman office.

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Sigmund 5 years, 10 months ago

raiderssb (Anonymous) says: "Quit blaming the victim here. She has shown tremendous courage here, and deserves everyone's support."Does the name Mike Nifong and the Duke LaCrosse team ring a bell? At this point there is no reason to believe or disbelieve her or him. Collins was found liable because of his procedural failures and not based upon a full hearing of the facts of the case. I won't brand her a low life opportunist hoping to hit the lawsuit lottery if you don't brand him a tattooed thug.

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denak 5 years, 10 months ago

Just how was she to obtain this DNA evidence??? Think about it for a moment.In your scenario, she decides she wants to frame Mr. Collins. Assuming Mr. Collins lives in Jayhawk Towers, she waits around for him to leave his place. She sneaks into his apartment and finds what.....hair strands? How does she know it is his hair on the brush??? What about a roommates? A friend's? Does she pluck it off the sofa?Or does she just go for spit? Maybe she steals a cup. Gets some saliva that way? Or maybe she scoops it up from the sink? She would have to be careful not to get any saliva or soap in that saliva because that might be a little hard to explain why there is soap or toothpaste in the saliva when the incident took place in the elevator.Or maybe she will just go for semen. Wait for a day when he masturbates, then sneaks into his room, scoop it up from the sheets, or the toilet, and viola, smear it all over her dress.Wow, this woman is a freaking genius. Too bad, forensics is much more sophisticated than that.Dena

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Sparko 5 years, 10 months ago

As I said on another thread, the fact that she is a janitor means that whatever DNA evidence she claims to have, could have been easily been obtained in the course of her job. There is no way this case can even go forward, because no reasonable jury could ever decide this on merits. My feeling still is that this is simply a grab for cash, because she has attempted to grab cash--even before any criminal indictment was decided upon. Pretty tough for Sherron to get his reputation back if she did make this up. People are too litigious. Her decision to go for cash has brought her considerable notoriety--can't help whatever trauma she claimed to have suffered on the 10-second elevator ride.

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Defender 5 years, 10 months ago

"Then all you ridiculous haters of the victim will shut up!"Haters? Haters? Are you serious? It seems like most people here want to see justice done, one way or the other. An accusation does NOT prove guilt. People like yourself scream 'Witch!!!!!' and beg for a burning. Grow up, justice can be done, but it HAS to be real justice.

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Defender 5 years, 10 months ago

"That has been my feeling all along, I don't think it's about the money. Relying on "the system" for a year did not get her any justice and certainly didn't get him any sort of punishment so she needed to do it herself."Maybe it didn't happen, and maybe that is why she hasn't gotten any 'justice'? Not saying that it didn't happen, as unfortunately it happens all the time over the world. But, it amazes me that so many of you are ready to convict Sherron, and yet talk about 'justice'. Actually, it doesn't amaze me, it disgusts me."It's too bad when the legal system that is suppose to be there for us turns it's back on the victims. She was entitled to her day in court, win or lose."Yes, and you are NOT the 'court', so stop judging until the facts are in. Like it or not, your statement is a judgement.Also, if this did happen as is stated, I am a bit sick of it going to court and wasting the taxpayers money (in a very specific way, please stay tuned for the rest before killing me). I wish women that are treated in a very abusive way such as this would just stand up and stick thier finger right in the eye of the offending individual, and deep too. Believe me, it will NEVER happen again from someone like that.And this is easier than one thinks, play along for two seconds and you already have your hands in the mans face, justice done, crime payed for, future crime prevented. Unfortunately in this country, you can get sued to death for defending yourself, so just disregard everything I said, it's all for naught because of 1-800-LAWYERS. Not all lawyers are bad, but if they advertise on TV and in the yellow pages to try/defend for this kind of stuff, then they are quite possibly scum.

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JDB 5 years, 10 months ago

I'm glad you're not a judge riverat.riverat 21 June 2008 at 6:10 p.m:Were I the judge assigned to hear this case, I would have immediately thrown out the charge against Mr. Collins regardless whether Mr. Collins had been present in the courtroom.Here you have a defendant (Mr. Collins) allegedly commiting an assault in May of 2007 and only now does the plaintiff sue for damages:in June of 2008?======================It sounds like you want to be king rather than judge. Judges are to decide based on the law, and the law sets a statute of limitations for civil action at one year.Ms. Brown followed the legal requirements. Mr. Collins didn't. He was served with a legal summons and ignored it. But you would throw out her correctly filed case despite his flaunting of his legal responsibilities?

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Defender 5 years, 10 months ago

"Quit blaming the victim here. She has shown tremendous courage here, and deserves everyone's support."And since we don't know if the allegations are true, then we should do the same for Collins. "It was common knowledge in "certain" KU circles as soon as it was perpetrated by this "THUG"."Better hope his lawyer doesn't contact you."He has been abusive to women, young, and old, black, white, and all shades in between. He has the ego of an athlete who thinks everything he does is great."Once again, better hope his lawyer doesn't contact you."I hope the DNA testing nails him to the wall. Then all you ridiculous haters of the victim will shut up!"Wow, you're so filled with hate that NO one could possibly take serious anything you say. Wow, just wow.Tossing around such allegations without proof could get you in a LOT of hot water, so you might want to rethink what you post.

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LadyJ 5 years, 10 months ago

JDB--- That has been my feeling all along, I don't think it's about the money. Relying on "the system" for a year did not get her any justice and certainly didn't get him any sort of punishment so she needed to do it herself. I think she just wanted him to know that no matter who you are, you cannot just do what you want to whoever you want. It's too bad when the legal system that is suppose to be there for us turns it's back on the victims. She was entitled to her day in court, win or lose.

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Joe Hyde 5 years, 10 months ago

Were I the judge assigned to hear this case, I would have immediately thrown out the charge against Mr. Collins regardless whether Mr. Collins had been present in the courtroom.Here you have a defendant (Mr. Collins) allegedly commiting an assault in May of 2007 and only now does the plaintiff sue for damages...in June of 2008?Excuse me, but she had all of last summer to launch a retaliatory legal strike. All of last fall. All of last winter. All of this spring. Only now, after Mr. Collins has sufficiently proven himself to be an NBA Draft-quality basketball player who will likely earn lots of money playing basketball professionally, does she take action?Not in my courtroom. Homie don't play that.

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raiderssb 5 years, 10 months ago

Quit blaming the victim here. She has shown tremendous courage here, and deserves everyone's support. Best of luck, and it will, unfortunately, take some to take on the KU "machine". As I have said in previous postings, his inappropriate behavior was reported to the Asst. Dir. for Custodial Services immediately after it happened. She did the appropriate thing, and reported it to her boss. What happened next is anyone's guess, but it would not be the first time a player was protected. Not only that, it was discussed by KU staffers as soon as it was reported. It was common knowledge in "certain" KU circles as soon as it was perpetrated by this "THUG". He has been abusive to women, young, and old, black, white, and all shades in between. He has the ego of an athlete who thinks everything he does is great. This is no secret. So what if he has a "baby mama". Any idiot can create a child, it takes a real man to be a father. It doesn't take a rocket scientist to see once again, for some unknown reason, he was protected. For those of you that live in the "they can do no wrong" zone, get over yourselves. It isn't every womens desire to be approached by a thuggish, short, basketball player who can barely carry on a literate conversation. I hope the DNA testing nails him to the wall. Then all you ridiculous haters of the victim will shut up!

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Confrontation 5 years, 10 months ago

poop2scoop (Anonymous) says:"Many players in college and pro basketball are tattooed thugs, moral degenerates and criminals."Many poop2scoops are losers who continue to be jealous of people with athletic ability.

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Baille 5 years, 10 months ago

Your post is replete with error, Hetfield. There is no judgment in terms of a damage amount yet. One can garnish for years and years on the judgment once it is awarded. Reducing consequential damages is much harder and much rarer than reducing punitive damages. In this case if a judgment was awarded for the damages sought and there was some basis in fact for the judgment, it is extremely unlikely that the judgment would be reduced on appeal or otherwise.And, like pointed out above, the plaintiff has absolutely no role in deciding whether charges are filed in this case. All she is is a fact witness.

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JDB 5 years, 10 months ago

21 June 2008 at 1:04 p.mUhlrick_Hetfield_III says:"It's one thing to get a judgment, another thing to collect on it. Sherron is a student with nothing of value to take."=====================One way to look at that is to figure that she isn't exactly in it for the money.Maybe she didn't feel she could slap back at a 205 lb basketball player when confined alone in an elevator with him, and feels this is one way to do that, even if her chances of collecting any remuneration from it are remote.

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JDB 5 years, 10 months ago

Uhlrick_Hetfield_III: 21 June 2008 at 1:04 p.m:"That's a lot of "justice" to be levied on a student when the Plaintiff didn't even think it was worth filing a criminal charge."===========================Whether or not to "file a criminal charge" is not the plaintiff's to make. That is up to the prosecuting attorney. She made a police report and filed the complaint, now it's up to them.The police have been fiddling with it for over a year now, but the statute of limitations on any potential criminal is 5 years. According to a recent story, they've asked the Kansas Bureau of Investigation to do another set of tests on the evidence:http://www2.ljworld.com/news/2008/jun...

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Uhlrick_Hetfield_III 5 years, 10 months ago

It's one thing to get a judgment, another thing to collect on it. Sherron is a student with nothing of value to take. If he makes the NBA he may have to pay. Another tact would be that if they can't get the judge to re-open the case, to go after the award itself. That's a lot of "justice" to be levied on a student when the Plaintiff didn't even think it was worth filing a criminal charge. Even when you can't appeal the original finding, the award is often challenged and lowered, and I think there's an even better chance of that in a case like this where the award was not made by a jury and the case was won by default.

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poop2scoop 5 years, 10 months ago

Many players in college and pro basketball are tattooed thugs, moral degenerates and criminals. That seems to be true for the KU basketball team, too.

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OnAir 5 years, 10 months ago

Set aside the default so they get their day in court. What's the big deal? That is what she wanted anyway.

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morganlefay 5 years, 10 months ago

Keep fighting, Sherron. Take this farce down!!!

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nschmi04 5 years, 10 months ago

1wetwilly,all this trouble and kstate still can't find themselves on a map. Even when 'big brother' behaves badly, he still is seen as superior to 'little brother'.

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1wetwilly 5 years, 10 months ago

So, members of the KU basketball team commit or are closely associated with assault, drive-by shootings, cheating, child abandonment, etc. How about a parade for the fine, upstanding KU basketball team. Then name a street after the coach for finding such young men of character and integrity.

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cowboy 5 years, 10 months ago

check out her attorneys website wislerlaw dot com. pretty pathetic site and content , better get a better lawyer

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Sigmund 5 years, 10 months ago

In their courtroom Judges get to do whatever they want until their decision(s) are appealed and overturned. Having been the beneficiary of more than a couple of summary judgments, yet count me on the side of "in the interest of justice" this judgment being set aside and tried on the merits.

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JDB 5 years, 10 months ago

"lol. You're on Baille. The lawyer vs the paralegal student. :)"So are you the lawyer or the paralegal student?Do you have much experience with this type of thing?I know the law and procedures can be different in different states and have also changed over time, but my father's experience would favor your interpretation. It was probably 25 years or so ago and the case was in Illinois.As I understand and remember it, my father and another partner had been in a dispute with a third partner. They went to court and my father's side won. The other partner appealed but from what my father told me it was pretty much a slam dunk for his side. Their lawyer messed up, however, and missed some hearing and they lost on a summary judgment.From what he said, even though they had the law and all of the facts on their side, they were done and there was nothing they could do about it. The case was decided and they just had to proceed from that point.It seemed pretty unfair, but I assumed that was just the way the law worked everywhere. When this case hit the news I figured Sherron Collins was a cooked goose as well regardless of the facts just because he hadn't shown up.I get the impression, however, from the comments made by people on these forums who sound like they know what they're talking about that that is not the case here.Of course, maybe if it's a judgment call, maybe a lot depends on the judge's style and philosophy.In any event it should be interesting to watch it unfold. Your little bet with Baille adds yet another little bit of intrigue. ;)

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denak 5 years, 10 months ago

"his lawyer would have explained all of this to him, stressing that the summons was time sensitive. However, what I find interesting is that the lawyer withdrew from the case. In order for a lawyer to do that, he must petition the court."-- That was me."...My take on the news story is that he did not have an attorney in the civil case. There was a prior attorney - maybe consulted for this, maybe something else - but that representation ended prior to service of process. (Closure letters are smart when representation ends.) In any case, no lawyer ever entered an appearance so a motion to withdraw was not necessary..." -- This was Baille."...I sincerely doubt the judge is going to set aside the judgment. The attorneys are going to have a better reason then bad legal advice."..." -- This was me."...I'll take that bet. I will wager the Court sets it aside and allows the case to be tried on the merits..."-- This was Baille.So, now we have a good natured bet to see what happens.Dena

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JDB 5 years, 10 months ago

I think he's probably going to allege that he had some attorney he consulted with about this &/or other things. At some point the attorney probably said he ought to find a different attorney...It sounds semi-plausible, but very stupid, that Collins might have just figured the KU lawyers would take care of it all for him and just blew it off.I think it's more likely, though, that he just didn''t want to deal with it and his choices were unpleasant, so he just ignored it and hoped it would go away.I believe "Baille" who wrote the following in another thread is an attorney:http://tinyurl.com/3uoxsn"his lawyer would have explained all of this to him, stressing that the summons was time sensitive. However, what I find interesting is that the lawyer withdrew from the case. In order for a lawyer to do that, he must petition the court."My take on the news story is that he did not have an attorney in the civil case. There was a prior attorney - maybe consulted for this, maybe something else - but that representation ended prior to service of process. (Closure letters are smart when representation ends.) In any case, no lawyer ever entered an appearance so a motion to withdraw was not necessary."I sincerely doubt the judge is going to set aside the judgment. The attorneys are going to have a better reason then bad legal advice."I'll take that bet. I will wager the Court sets it aside and allows the case to be tried on the merits.

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Pudgy1 5 years, 10 months ago

LadyJ, Collins' (first) attorney would only be listed "of record" if Collins had been charged with a crime and had appeared in court. If the Police hadn't finished their investigation and Collins only got advice from that attorney, then there would not be any "public" record.

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janeyb 5 years, 10 months ago

Some counties have internet access, but I think you have to go down to the district court to look it up in Douglas County. The last names should get the information. It should also list the attorney if he ever had one.

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LadyJ 5 years, 10 months ago

When you have an attorney, isn't he your attorney of record or something like that, and would be listed as your attorney at a courthouse somewhere? Just wondering if Collins had an attorney listed somewhere.

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JDB 5 years, 10 months ago

OK. Sorry I misunderstood you, Multidisciplinary.I guess I've heard and read too many people mocking Mrs. Brown, lately, and vociferously defending Collins without much substance behind their arguments.

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Multidisciplinary 5 years, 10 months ago

should have typed.."I meant the opposite"..apologies.

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Multidisciplinary 5 years, 10 months ago

no no no.. the opposite!I totally agree with your post JDB.The idea was the two ads were absurd, why did those happen to trigger after someone pointing out the possible absurdity of Collin's story.Thus the..what does google see that we should?:D

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JDB 5 years, 10 months ago

I fail to see the humor there Multidisciplinary. I suppose you figure the Google ads are absurd and that somehow proves or at least underlines how absurd Wisler's statement must be?I fail to see how that refutes what he said at all. What he said sounds pretty much in line with the other information that has come out.Collins apparently didn't realize it at first. He didn't mention it in the earlier stories. His defense then was that he just didn't know what his responsibilities were. Later, Coach Self got involved and proffered the excuse that he hadn't responded because he was busy visiting his sick father and just let this slide.Now a couple days later he hires a new legal team and suddenly they blame it on some unnamed lawyer that he thought was handling it from him all along.To be honest with you, Collins' story sounds far more comical to me than Wisler's.

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Multidisciplinary 5 years, 10 months ago

Wisler said seeing Collins' motion was the first time he had heard Collins thought he had an attorney representing him at the time he was presented with a summons in the case.--how comical that this is followed by two google ads.1) Drop 9 lbs of stomach fat every 11 days with 10 rules and no exercise.2) How to Run Car on Water.What does Google see that we ought to?

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