As noted, taking any action that could be even potentially adverse against a pending complainant is illegal retaliationBut then there is the whole
(emphasis mine).. Why was he moved and not Choi?
Same thing. A computer is just a phone that doesn't make phone calls. It's a matter of the resources needed to obtain a result. If you were willing to invest FBI levels of resources, you could recover jsut about any system.Id think that data can still be recovered from a computer injured by a bottle of water. IDK about the phone.
Destruction of evidence, even in a civil case, can result in prosecution, especially when it involves a government employee. She also lied to investigators, also generally a crime. They probably won't actually pursue charges, figuring that her losing her license is sufficient punishment, but if the DA's office wanted to they could definitely find charges to bring.So far, these are all civil infringements, not criminal infringements.
It's actually a required course and there is a separate "Ethics Bar Exam" that is required in many states. The problem is that teaching ethics is VERY different from teaching someone to be ethical. Frankly, if you have the personal ethics of a Rudy Giuliani or Syndey Powell, no amount of classes or exams will make you act ethically.It's funny, but law school doesn't seem to offer "ethics" even as an elective.
Just because there's fire doesn't mean it wasn't arson.Because all too often, even in the absence of "beyond reasonable doubt" or "on the balance of probabilities", where there is smoke there is fire.
This case being one of the exceptions.
He will have to explain his relocation at interviews as part of his career progression. It'll reduce to "So why were you selected by Ms Choi?"
When someone brings criminal charges, prison time will be on the table. The question was why she isn't facing prison; that's why.Destruction of evidence, even in a civil case, can result in prosecution, especially when it involves a government employee. She also lied to investigators, also generally a crime. They probably won't actually pursue charges, figuring that her losing her license is sufficient punishment, but if the DA's office wanted to they could definitely find charges to bring.
I remember in a different Arsticle, someone stated it's illogical to ask someone to prove something did not happen. Here, we see that it is possible!Nate Anderson said:But Hines, who denied everything, offered investigators his own phone records, which showed no texts to Choi.
Well, whatever happened to the phone and laptop it does seem to have destroyed the data on them.Did anyone bother to tell her that iPhones are designed to be able to survive being submerged in a bathtub for 30 minutes? The whole “Oopsy! I dropped my phone in the water and it immediately stopped working!” thing hasn‘t been a likely excuse for nearly a decade now.
"Hell hath no fury like a woman scorned."I wonder what the motive was, especially for take 2 a year later after he’s been moved.
As one of the supporting articles linked in this story said, the case was referred for potential criminal charges. None were filed. It would have to be proven that her water-based escapades were deliberate.When someone brings criminal charges, prison time will be on the table. The question was why she isn't facing prison; that's why.
"After I accidentally dumped the bottle, I drilled a hole in the bottom to let all the water out and accidentally hit the SSD controller"...Id think that data can still be recovered from a computer injured by a bottle of water. IDK about the phone.
Society never understood this.No single person should be trusted on their word. Men, women, children.. all have biases and reasons for bending the truth or outright lying to benefit themselves. Society understood this at one point.
"Your honor, as part of inspecting the hard drive to be sure it was in good condition for the plaintiff's attorney, I noticed one of the platters had a smudge on it, and I accidentally broke it in the act of polishing it with a hammer.""After I accidentally dumped the bottle, I drilled a hole in the bottom to let all the water out and accidentally hit the SSD controller"...
You didn't "prove" anything. Where is your evidence that "all y'all fell for it"? That I posted a one-liner based on current events? But don't waste time answering that question in your rush to congratulate yourself.Ironically, Adrian Dittman is not Elon Musk. Adrian Dittman is a German man living in Fiji. It's Elon Musk himself who is perpetuating the rumors -- even banning journalists who disprove this conspiracy theory.
Journalist’s X account reportedly restricted after debunking Elon Musk sock puppet rumors | The Independent
And all y'all fell for it. Not a fan of Elon but proving everybody here wrong by trolling is, I have to say, sweet.
You can be sure that defense attorneys who've had her as opposition are scrutinizing their case histories with exactly this in mind.A prosecutor, eh?
I wonder if a look at her case history would turn up anything interesting. If you'll try to frame a colleague it wouldn't be too much of s surprise if you are...flexible...in your approach to railroading little people.
The AI already made a video of the alleged harassment. Unfortunately, everyone has 12 not-evenly-distributed fingers.Any AI could convert this to a Netflix video script. If not the video itself/
If someone is acting suspiciously to an objective third party then they SHOULD face additional scrutiny. Real harassment is a thing, but so are false claims. One side is no more deserving of the presumption of innocence than the other without a history of claims to the contrary existing for one of them.The worst part of this is all of the people who legit are harassed and now won't be believed.
Just following the lead of the Business schools. Ethics are the antithesis of Good Practices in these professions.It's funny, but law school doesn't seem to offer "ethics" even as an elective.
Id temporarily forgotten about the superbowl deal and was aghast at that last line."Your honor, as part of inspecting the hard drive to be sure it was in good condition for the plaintiff's attorney, I noticed one of the platters had a smudge on it, and I accidentally broke it in the act of polishing it with a hammer."
It's almost as good as Tom Brady's defense being he ALWAYS destroyed his phones when replacing them after having a guy in a bathroom reduce the pressure in his balls.
Emphasis added. What evidence is this based on? It could be low. It could be high. Nobody knows because, generally, we don't have data about the private moments of he-said-she-said encounters. It is generally difficult to prove a false claim, just as it is often difficult to prove a legitimate claim. Any answer we declare is a reflection of our own bias. I don't mean that to defend the incel culture and their crazy anger issues, as they also guilty of this.No, the worst part is all the male's rights assholes will point to this case as "proof" that all women are making false sexual harassment claims. The reality is that the number of false claims are low, are nearly always caught (although not necessarily without causing some damage, as in this case) and far too many real victims never even speak up.
And that’s the thing. If you are good at studying, you can get through almost anything. You don’t have to be smart.Whenever I catch myself feeling respectful of the legal profession, I try to remember that both Ted Cruz and Sidney Powell have law degrees.
This is a great example of how HR is there to protect the company, not employees. Moving the accused is the most logical move from that standpoint, as illustrated.Because if it ever is substantiated, Choi has a MASSIVE lawsuit on her hands for retaliation.
That is the problem with this, you shit in the water, SOMEONE is drinking it. If an accusation is made, someone almost certainly has a lawsuit against someone at that point. Whether the allegation is true/substantiated, or not.
If no one is moved, same issue. Unfortunately, Mr Hines probably doesn't have a strong lawsuit against the DA. He will have to prove damages. Simply being moved is likely not enough and isn't likely going to be considered retaliation or creating a hostile work environment. Now, what might have happened after the 2nd round of accusations would be really important. Or if Mr Hines can show his career advancement was impacted by how the DA's office handled it.
But many employers have HR policies that if an accusation is made, someone gets moved. Even if it isn't substantiated.
Why did she do what she did? It’s unclear to me. WAS there a “ romantic” angle? Was this just a piece of whole cloth that really had to do with public attention?Inappropriate workplace conduct isn't a police matter absent a crime such as sexual assault being alleged. I suspect these were internal DA investigators. Checking the article's link to the Denver paper, that story included "Hines felt the agency’s internal investigation was incomplete. Leadership in the office insinuated that Choi should be believed and was courageous for coming forward about the allegations, he said."
It also says the matter was referred for criminal investigation but charges were not filed.
Either way, a good reminder to avoid romantic entanglements in the workplace. Even assuming mutual interest at one point, if/when a relationship sours, it's like botulism. The organism is dead but the poison remains.
But then there is the whole
(emphasis mine).. Why was he moved and not Choi?
The DA probably worried that if they moved Choi that Choi could contend it was retaliation for making the complaint, which can be very costly in court.But then there is the whole
(emphasis mine).. Why was he moved and not Choi?
Be sure to maintain digital sanitation standards by wiping the drives, like with a cloth or something."Your honor, as part of inspecting the hard drive to be sure it was in good condition for the plaintiff's attorney, I noticed one of the platters had a smudge on it, and I accidentally broke it in the act of polishing it with a hammer."
It's almost as good as Tom Brady's defense being he ALWAYS destroyed his phones when replacing them after having a guy in a bathroom reduce the pressure in his balls.
Evidence?No, the worst part is all the male's rights assholes will point to this case as "proof" that all women are making false sexual harassment claims. The reality is that the number of false claims are low, are nearly always caught (although not necessarily without causing some damage, as in this case) and far too many real victims never even speak up.
Any speculation on our part would be just that. In my time managing people, many such circumstances arose out of once mutual flings from which one side or the other withdrew, after which the friction and resentment might come from either party or both. I am in no way suggesting that is the case here.Why did she do what she did? It’s unclear to me. WAS there a “ romantic” angle? Was this just a piece of whole cloth that really had to do with public attention?
I actually had Dershowitz for legal ethics, and the class was a joke. People called it "Story time with Dersh", and the class was largely focused on all the famous people Dershowitz was connected to and legal work he had done. It really felt like the class was more about stroking his ego than teaching us anything. (Hilariously, despite having worked on the side of OJ Simpson he strongly implied that he thought Simpson was guilty.) His sole final exam question was literally "write about a legal ethics rule you would change".They do, but Alan Dershowitz is the kind of person that teaches those classes, with predictable results, as seen relatively recently when legal podcaster P Andrew Torrez, who used to make bad jokes about taking ethics from Dershowitz was later revealed to be a sex pest himself.
A lot of smart people convince themselves of their own cleverness. Also many many smart people are clueless to the extents of technology.You have to believe the police is seriously stupid to believe this has any chance of working.
No single person should be trusted on their word. Men, women, children.. all have biases and reasons for bending the truth or outright lying to benefit themselves. Society understood this at one point.
Just as the article describes, whether we like it or not there are mountains of data now on anything electronic we engage in and combine that with all the tools available cheaply now to record our lives in various ways, there is no reason an accusation from anyone should make it past the starting line without evidence beyond 'he said/she said'. Verbal claims should never be actionable on their own. Glad he is suing, glad she was disbarred, and hope this does have a chilling effect on anyone else thinking to ride the coat-tails of MeToo for their own benefit.
But they were stupid. Instead of relying on evidence they transferred him to another department anyway. Okay, sure, maybe it was more of a "let's just separate them" exercise, but I have to believe he also suffered undue scrutiny after that. Then she compounded his suffering again, which he was able to refute. I'm not sure why she targeted the guy in the first place, could just have been opportunistic (that's just speculation) but regardless they didn't have anything in place to actually verify the facts of the first instance. Odd that they're a legal agency probably used to dealing with harassment claims (although likely of others) and they didn't bother to put in procedures that work.You have to believe the police is seriously stupid to believe this has any chance of working.
No bias, but you clearly have a reading comprehension problem. I was decrying the fact that male's rights assholes will use this as "proof" that women are all out to get men by filing false sexual harassment claims and use it to further attack women and insist that sexual harassment is non-existent.The worst part is definitely the party that got victimized by the fraud. Perhaps you just have a bit of a bias...