🏀 KuBuckets Archive

In reading the texts, consider two thoughts: What would they read like if KU was innocent and simply relied on Adidas' influence to have access?

vs

What would they read like if KU knowingly took advantage of Adidas paying players?

In the second, wouldn't there be some reference at least to some unspecified "arrangement" or "thing" or "taking care of it" or something?

As to KT, if you read it, it refers to what Zion's family wanted. I do not see a reference to knowing what other schools have offered or paid players. I suspect players' families make demands all the time (Preston, Bowen, etc) but I don't think they get everything they are looking for.

In looking at evidence that raises an "uh oh, this looks bad", you always have to go through the process of deciding if it is BOTH consistent with guilt AND inconsistent with innocence. Many innocent statements can look suspicious, but that is why you have to look at the context, as several have said. The context about KU's participation in any scheme does not include, however, statements made by other people in other schools who voice accusations not supported anywhere else.

This isn't parsing: this is simply looking beyond the disappointment and fear to examine the actual information putting y'all in such a dither. I don't see anything actionable against the staff from this material. It might be there eventually, and it could warrant investigation, but I don't see this stuff as sufficient for sanctions except for a possible suspension of SDS.

A related question: Do the rule changes by the NCAA allowing them to use evidence from other proceedings allow them to use excluded evidence (offered, but not admitted)?

@HighEliteMajor Sometimes upvotes reflect approval of everything someone says, or maybe just part. Sometimes they simply mean to acknowledge that someone has said something different. I have often approved posts that I disagreed with or that disagreed with me, provided the comment reflected an effort to communicate.

Red Rooster, of course, upvoted everybody, every post, and it was funny how his doing that gave a feeling of being in a group.

I get Pelosi and Feinstein confused and got it wrong obviously.

We will let you have the last argument. If you are able not only to ignore what I have said about virtually everything, but also to know what I will think or say about other things, there is no need for me to waste time actually doing my own discussing.

@FarmerJayhawk Agreed. If that was what it would take to get him to KU, it is obvious that we didn't do it.

@JayHawkFanToo You are arguing with someone else, apparently. I have trashed the Dem senators and discussed at length factors both against and for the credibility of Ford. You called Ford's accusation hearsay, and, just like your misapplication of the presumption of innocence, it was just flat wrong. When you try to sound like a lawyer and are flat out wrong, you will get called on it. Then admit it, and move on. You really should have plenty of practice by now.

Wrong also is your assertion about Ford's allegations being not in evidence. Yes, they were. Her written submissions and her sworn testimony are evidence. You might not believe them, and you might legitimately contend there is little independent proof. However, that does not make them not evidence. And I still have not seen any independent evidence that supports the contention that her story was fabricated. As have thousands of others, I found Kav's testimony evocative of a high school kid who, caught breaking into a car, immediately lashes out trying to bully his questioners into submission, ranting about being picked on, inventing imaginary conspiracies, and lying about ridiculous things all the while.

We agree that Pelosi's office and others mishandled it. But while you think that means Ford's allegations and the others should be dismissed, I have always simply advocated a deeper investigation, which you and your ilk have resisted because of the need to fill the seat expeditiously, ironic since your heroes blatantly disregarded their constitutional duty by obstructing the very same process in 2016.

And you have the gall to accuse me of having a double standard?

@JayHawkFanToo Not at all close. It has nothing to do with verifiabilty of an allegation (although the history of the hearsay rule's exceptions and exclusions are largely based on assumptions about likelihood of accuracy).

Hearsay is an out of court statement (by a Declarant) offered (in testimony by a Witness in court) to prove the assertion contained in the statement. E.g., Witness testifies that Declarant stated that the car was going fast. Hearsay? Yes, if offered to prove that the car was going fast, and if it is, normally it would be inadmissible if it doesn't fall into an exception (here, it might be that Declarant said it as he jumped out of the way, and it might be admissible as an "excited utterance". If the Declarant was talking 2 weeks later, maybe not admissible because statements made after reflection are not "excited" utterances.)

If Declarant is the opposing party to the side offering the witness, Declarant's statement would be offered as an admission, and then it comes in as an exclusion to the rule. Exceptions are hearsay that is allowed; exclusions are things that look like hearsay but are not hearsay because of their purpose in the proceeding, i.e., who said it and why is it offered. (I still get exclusions confused because the list of exceptions is so long.)

In this example, if it is offered only to prove the Declarant could speak (not the speed of the car), then it is not hearsay, just ordinary testimony, and it comes in.

In my cases I mentioned before, the customer was testifying that certain promises were made to him about no-risk profits to be made if he opened the account. The customer was not saying that the statements by the broker were true (just the opposite!), only that the fraudulent statements were made. Thus, no hearsay. (Incidentally, hearsay was totally admissible in my proceedings anyway due to the type of forum).

There are lots of exceptions for certain documents, business records, self-certified official records, dying declarations, statements against interest, prior testimony, etc, all depending on the circumstances. Some depend on unavailability of the Declarant as well.

Kav's testimony in response to the questions would have been fully admissible with regard to anything he said or did previously. Had he been on trial, the other complaining women besides Ford (since she directly testified, everything she said was admissible) would have had to testify to get their written statements in unless the defense stipulated to the admission of written testimony (and no atty would stipulate to that because of no cross-examination). Kav's own letter to his fellow beach bums and his calendar were admissible because he prepared them.

Now you have a glimmer, just a glimmer, of how much more complicated the hearsay rule is than common usage makes it sound. "He said, she said" cases have to do with who is more believable, and nothing to do with hearsay, if both "he" and "she" testify.

@BShark So, apparently lack of money explains the football team, perennially last in the Big 12. Nice to be the honest ones!

@justanotherfan If he can I would be shocked! I know I could define hearsay, but the rules of admissibility (the exceptions and exclusions) always required careful review even back when I was practicing.

In a couple commodity fraud cases, this one jerk attorney kep objecting to my questions of the plaintiff regarding what promises he said the defendant broker had made. "You are asking for hearsay, Your Honor!" Probably about 6 objections until I finally threatened to kick him out of the case and default his client as a sanction.

People think hearsay is any quote people testify about. Drives me nuts to watch virtually any legal show.

@kjayhawks Good point. She even blamed all the fans for having suspicions!

@JayHawkFanToo Hearsay? I think your class on evidence was woefully inadequate. Where do you see hearsay issues in the questioning of Kav?

Not a word, or even a hint, in those texts about money.

@wissox

"Excuse me, young man, could you please pass me a fork?"

"Certainly, Sir! Coming right up!"

Whack! Right off the forehead!

@JayHawkFanToo Swift didn't do anything similar to West, who besides supporting Trump also said slavery was a choice and that the 13th amendment should be repealed (or some such nonsense). West also dissed Swift badly years ago. Both of these, along with others, have hugely undermined West's popularity with many blacks and young music fans.

Incidentally, Taylor Swift has been pilloried by the RW which had thought she was on your side. So, you might to find some other fruit than apples to compare--this is more like peaches and hedge apples.

The best thing, maybe the only good thing except as a distraction, about West's Oval Office visit was the look of utter stupefication on Trump's face during the really intense part of West's rant. It made me wonder what the Donald was thinking as he just sat there in apparent disbelief:

"Who let this guy in here? Cameras in here are supposed to be on ME!"

"I could learn something from this...."

"How can he go on so long without mentioning collusion?"

"Maybe this guy can replace Nikki. We need a more involved representative at the UN."

"I bet I could sneak out with Kim and he would never notice...."

Likely end his NBA chances? I was happy thinking he could be a 'Hawk/Hawk, but not to be.

Am I correct in understanding that KU will not lose today? Now, you see, these are the days when people should go to the stadium, tailgate, and party like lunatics when KU doesn't lose!

I bet the attendance would give a gameday a run for its money!

@dylans Been wondering--any of that rain ever get to you, or are you still stuck where the storms magically split and pass by to leave you dry?

@JayHawkFanToo Sounds pleasant. At least it has been warm here (the 30's I mentioned were wind speeds). We got a low temp last night of 56, which is the first temp in the 50's since April. Dry now. You would never know a killer storm had snuck by 24 hrs ago.

@justanotherfan pointed out the tax cuts. With those adding 1.5 to 2 trillion to a hyper economy, the Fed could well have had a good reason for a series of rate increases.

@BShark If Self has promised any recruits playing time, thank goodness he apparently doesn't let the promise override adhering to team rules. Or Preston would have played the first game he was suspended for, and things might have gone differently. Perhaps no car crash, perhaps he played a lot of games, perhaps we would have been screwed.

I believe Preston needs to be an exception to the "always a Jayhawk" rule.

@KUSTEVE Brooks have alway had a wider last than Nikes and are good shoes if you need motion control. I have worn them since my first Villanovas in 1979. I ran a lot back then and actually wore out shoes--now, my running shoes get so old they die from dementia.

Okay, time for the scariest moment of the entire experience of having two tropical storms pass directly overhead within a month:

I believe we have come through both of them without losing power or suffering any damage! And now that I said it, I'm sure our chimney will topple on me, or we will be overrun by a herd of escaped drowning rats or something....

Thanks to everyone for your support!

@drgnslayr Looks like you cannot. I have wondered the same about my provider. So I googled "can I keep my Cox email" and this came up from the Cox support page on cancelling accounts:

Cox Email

Per our email policies, if you wish to keep messages and contacts after disconnecting Cox High Speed Internet service, you must move your Cox Email content to another email provider. After the disconnect is complete, we send you notification emails to your preferred contact email address on file to remind you to take action to save or move your Cox Email content.

We know switching email providers is never easy. Below are a few resources to help you move content from your Cox Email to an external account.

Note: To use the following tips, be sure to first set up your Cox Email in an email client program such as Outlook. Refer to Setting Up an Email Account in Windows for details.

In your email client program, export the files you want to keep to a local file. For example, Outlook uses the file format .pst.

Set up your new email account from your new provider in your email client program. Contact your external email account provider for assistance.
To gain access to your saved Cox Email content, import the local file to your new account.

Mayjay again: A couple of sites that Google brought up said that Cox used to let you keep your email for $10 a month, but those were a few years old and newer posts say they terminated that offer. In addition, some posts suggest that there might be a 90 day temporary period to keep it active while you transition to a new provider. But you should check with Cox directly.

@justanotherfan Sometimes it is just a wrong size. Last winter I had a debilitating hip pain that felt like the ball was grinding in the socket. I had visions of hip replacements surgery. Orthopod checked my shoe width. I had accidentally bought 4E width instead of regular. He said I was slipping sideways and twisting on every step without realizing it. Changed to my usual size (same brand, Brooks) and my pain went away in 3 days.

@Crimsonorblue22 Depends on who you consult. Local news says Twatch until 7, Accuweather said Twarning until 7, but they just changed it to TS warning til 7 along with the tornado watch (2 separate alert boxes), but local news say TS warning is through Saturday.

TWarning here has expired. It now looks like the original Accuweather may have been exaggerated, with heaviest winds up to 40 for several hours just after the "reputed" sunrise that won't happen. Will probably only get to the 30's overnight. Gusts up to 50.

@Crimsonorblue22 Went out to watch the clouds moving fast. Came in, saw we now have a tornado warning here until 7 a.m. Moved wife away from trees. No complaints!

Will probably be busy for awhile... Gnight!

@kjayhawks I figured. Usually that has happened in a bb thread so I would catch it.

For that matter, now my latest weather reports are in the VB thread. Go figure.

Maybe @approxinfinity needs to create a cross-topic refereincing system.

Uh oh! TV just buzzed a tornado watch. About our 5th this year. Reminds me of living in Kansas. I swear, if I die in a tornado from a GD tornado in SC after moving from Tornado Alley, I will be so damned mad for eternity!

@Crimsonorblue22 Tropical force winds are supposed to get here about 3 or 4 a.m. according to Accuweather, but the NHC seems to think winds will be here a couple hours later. Forecast says about 5 hours worth, with some of 45 to 50, with gusts over 70. We will be just south of the track, putting us squarely in the worst zone.

Our neighbor has two tall pine trees that I am skeptical of. Cannot see them in the dark. I wish the winds from these storms would once, just once, arrive in daytime here (Florence was at 2 a.m.). And they just announced a tornado 45 miles south of here, so there is that, too.

Maybe I will stay up to keep track of this crap so I can move wifey to another room far from the trees if the winds seem to make it necessary (NOT WAKING HER UP UNNECESSARILY, NO SIR!).

Hmmm...I didn't realize that Women's VB was a subset of a football coach being fired. I wasn't following that thread cuz I really didn't care too much. Just now read it and see that a lot of you were posting there. I was wondering why no one was watching!

Just finished watching the women move into sole posession of 1st place in the conference by beating #4 Texas 3-1 in Lawrence. Some fantastic play by both teams!

@JayHawkFanToo What has kept me from Cloud recording is that you can't access it if your internet is out, right? Our Spectrum internet is fast but it seems to reset a lot. I like having the DVR when we get cut off from the world.

Which, come to think of it, I think is going to happen tomorrow morning when 50 mph+ Michael breezes through.

@JayHawkFanToo Good point on the ABA. Of course, they announced that they were reevaluating the rating in light of the temperament he displayed at the hearing, but they were not going to get that done before the vote. Probably another reason the Committee rushed to completion.

https://thehill.com/homenews/senate/410130-american-bar-association-re-opening-kavanaugh-evaluation-due-to-temperament ↗

So, the ABA and Justice Stevenns both felt that Kavanaugh's behavior warranted stepping back to reconsider. Both had previously approved him. And all I have ever said is that the whole mess deserved more extensive investigation and consideration. (If I was on Feinstein's staff or a Dem member of the committee, I just don't recall it, so I don't know why you keep trying to pass their actions off on me.)

@Woodrow I find nothing scary about that. Adidas guy tells Adidas school staff that he will try to help bring in players already involved with Adidas sponsoring. What else would anyone expect?

On second thought, could that elevate him to position of booster or sanctioned recruiter?

@Woodrow "So now we have a he said she said between Gassnola and SDS guardian."

Quick! Get an FBI investigation!

Oh, wait, I think that came first in this case, didn't it?
:face_palm:

http://www.espn.com/nba/story/_/id/24949182/philadelphia-76ers-center-joel-embiid-signs-five-year-footwear-deal-armour ↗

And, with his foot issues, it would really be ironic if UA shoes injure his feet and then he gets to sue them for more! I am sure everyone has fingers crossed.

You really have to wonder how the NCAA didn't sell the TV rights to ESPN since they have given them a virtual monopoly on everything else about college BB until March.

Be careful of ESPN+ because you might still get hit by blackouts. From their Customer Agreement:

Blackouts. Certain live sporting events and other content available through the ESPN+ service subscription may be subject to blackouts. For example, if you are in the home television territory of a team participating in a game, then the game may be blacked-out for viewing or live viewing as part of your ESPN+ service subscription (or other applicable third-party service). Blackouts will be enforced according to the location from which you are accessing the ESPN+ service or the applicable third-party services, and we may use different technologies and methods to verify your geographic location. If you do not enable location access on your device, you will not be able to access the ESPN+ service.

The thing that stops me every time from DirectTV is the contract.

@KUSTEVE They say Tampa Bay is in a tornado watch. If your house gets picked up, please wave as you go by!

@justanotherfan When I was a commodity judge, I swore the witnesses all together at the beginning and then conducted my own questioning topic by topic, jumping back and forth between witnesses as necessary to pin down particular points. It was extremely effective in figuring out what happened.

I was very frustrated watching the hearing, chafing at the bit as I waited for any questions designed to actual uncover facts previously not stated. The Dems totally blew their 50 minutes of available cross-examination of Kav, preferring to posture and speechify. The Repubs' designated questioner also wasted her flow on unimportant details (who paid for the polygraph? who cares? Any confusion could easily be due to not having gotten a bill yet!) obviously preselected and designed to raise red herrings. She should have focused on what the weaker answers revealed, and shifted to impromtu questions.

But Senate hearings are not designed to bring out new information. They are used now to posture, preen, and attack.

@DanR We won't be getting much in the way of acorns, but with the pine trees around here I expect about 4 inches of pinestraw.

And as of now, Hurricane Michael is expected to go directly overhead here on Thursday. By then it is supposed to be a tropical storm, but that is still bad news for this area since Thursday is the second day of the State Fair. We should be fine in the mayjay hovel.

Meawhile, please send mental and spiritual help out to the folks in Florida/Alabama who might be "welcoming" Michael ashore as a Cat 4 hurricane with 13 foot storm surges.

@JayHawkFanToo I was not only addressing your USA Today post. I was also referring generally to all of your posts on this subject.

As to this last vomitus vomitus, your flaw lies in assuming that criminal justice standards should apply to determining whether someone has the character, record, history, intellectual ability, reputation, integrity, and temperament to merit being on the Supreme Court. The issue always is whether the candidate meets the highest standard in each area, not whether any allegations against the candidate require enough proof to dispel any reasonable doubt with a perfunctory 5 day investigation that specifically excludes interviews with either the complainant or the candidate.

@wissox I just start watching the DVRed game about 50 mins late, then fast forward. You catch up to the live feed at the very end, and have to watch a few ads, but generally it works pretty well with that amount of lead time.

@Gorilla72 Reading the list, maybe UHawaii doesn't have many D1 teams around to ask over for shirts/skins.

@KUSTEVE I just read that the accused plotters of the drone attack on Maduro mysteriously fell out of an upper level window. Geez, conditions must be really getting bad there if the thugs in the secret police can't afford helicopters like they used to in Latin America.

Edit: Oops, it was just one guy who threw himself out of the 10th floor bathroom window.

@JayHawkFanToo Nice fictional account of the process. I will just point out four things:

First, you are still ignoring Kavanaugh's 4 friends who swore he lied.

Second, I do not, in fact, have to reach all those same conclusions you have reached that you say I "must." And, of the two of us, as I have pointed out before, only one has training and experience as a lawyer or was a judge--and "that warn't you, Elmer." So your comments about what I have to realize as a lawyer and judge are pure crap. Frankly, you should stop it because your "legal analyses" are just embarrassing.

Third, see number 2.

Fourth, see number 3.

Woodrow said:

Judge told the jury they should get too decide "no later" than Oct 22.

Since it is all about NCAA rules, I assume the verdict will not be eligible if the jury doesn't get the form filled out and submitted in time.

@Woodrow I wonder if no one in government ever really cared. Maybe the whole prosecution is just a cover for the NCAA to get hold of documents they could never get on their own?

@approxinfinity Things move fast around here. Who can keep up?!!!

@approxinfinity Sorry, fixed the one I saw before seeing yours!