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Yep
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I think it's more about the fact that Keanu was in his car, and he had the power to control the situation. Even if he told Silva to move, and Silva was snapping his camera away, and irritating KR's sight with flashes, does that give Keanu the right to proceed forward, with knowledge that this guy could possibly be injured?Maybe he thought if he started to move,Silva would get the picture and get out of the way, especially if this is the way KR has been used to dealing with the paps. Maybe he thought he could slowly pull away from the curb, and the car jerked and hit Silva?(IMO) I think Silva's in it for money. Silva didn't fear standing in front of the car snapping away. The video of Silva (after the accident)should be proof that he didn't lose the ability to work, and Keanus attorneys should have their own medical examiner,(along with requesting his medical records from his exam right after the accident along with any preexisting conditions). If anything I think Silva should be used as an example for all paps-you assume the risk, then you deserve to get hit.
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Dee 73 in Words of Truth
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truthfinder, I hear ya, or at least one with some fans on it, lol... Oh what I wouldn't do to be one! However, I haven't sold out yet to make that move. But I do plan on going nw about 130 miles away from LA, at least, that's my plan. I gotz to go now. Later I'm gonna do some more searching. If you come across anything new, let me know, ok.
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Dee 73 in Words of Truth
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I agree Yep
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truthfinder
AOL
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Yep-I agree with you about having this case used as as example to get the paps to backoff. And I am sure Keanu has pulled away from the curb exactly like he did that night because I have seen it. Hand in front of his face- looking in the rear view mirror looking in the side mirror and then pulling out. This time though he didn't count on Silva not moving. and he hit him. Money-Silva needed it. Got it easy. Knowing Keanu doesn't really care much about how much money he makes or has. Silva figured Keanu would pay him off. We'll see what happens.
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cookiechik
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Well, from what I know about the law and I'm sure if varies from state to state, Silvas attorneys have to prove one thing. What Keanus intent was at the time of the incident. Because the burden of proof is solely thiers they are pretty limited in evidence (considering Keanu doesn't have to testify). Now, I didn't go into alot of detail with the facts, but, if this is criminal (Keanu was charged with something) he simply has to sit back hear Silvas evidence and rebut. If this is civil, he can be compelled to testify to the facts of the case. Because the burden of proof is less strict in civil cases it will be left to the judge to decide whether or not the evidence tips further in one direction or the other.
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comment
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get the naar jury back in,,,they got it right
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Yep
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It's a civil case, and a jury trial, unless it's resolved by mediation. The jury should be given the appropriate law regarding the case along with instructions on how to apply law to the facts of the case. Each issue, cause of action and all the elements of each cause of action should be satisfied with the the given facts. It's a case that probably could easily be settled, but I think it's more a matter of principle.(I hope) What Silva did was wrong, the same behavior from other paps is wrong. Hopefully, the jury will make a decision based on what's safest for everyone, and send a message to other paps that you can not harass or manipulate others into a self defense mode and then cry when you asked for that slap in the face, it's bully behavior and should be stopped.
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cookiechik
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Thanks Yep
Now does law in the state of California support one side more than the other? Because I know the law binds a jury to impose whats lawful and not what is necessarily right.
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LBJJ
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No blood, no foul.
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Dee 73 in Words of Truth
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Does anyone know whether or not the prosecution is working on Silva's side? Or, did he have to hire lawyers?
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Yep
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Well, I am pretty sure that both sides can submit instructions for the jury, as far as supporting one side more than the other, I'm not sure I understand the question. There are specific statutes that govern the actions and defenses. Case law, previously decided cases (from CA) that explain what law was used, and how it was applied to the case. There is much more involved in the process, along with discovery. Also, the petitioner can't hide information from the respondent or vice versa. I don't think civil cases are less strict, it's just different than criminal law.
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Yep
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Dee, I don't think I understand your question either. As far as I know, he hired an attorney. Silva as the petitioner, initiated the case by filing the summons and complaint, it's his attorneys job to prove the allegations. (from,in this case, amended complaint)
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Dee 73 in Words of Truth
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Yep, is this a criminal case by the prosecution? I know that for silva to sue, it would be civil. The actual case as of right now, is it handled by the prosecutor? That's what I'm try'n to find. I tried to find that video everyone talks about on youtube, but couldn't.
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Yep
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Hey again Dee, No, this case is civil. So, no, it's not being handled by a prosecuting attorney. As far as the you tube video, are you talking about the the one of Silva after he got beat up by the x17 photogs?
(I'm so sorry, I hope I haven't come off sounding rude in the other posts, I am trying to be as thoughtful as I can). The whole case thing, I find it more frustrating than I should. How silly am I?
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Art
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DEE, I doubt if you have the balls to go after that Pa
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Dee 73 in Words of Truth
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Yep, you don't have to say your sorry, this is a board where we can come and leave messages, ask questions, give our thoughts, and even chat with each other.
My point is: If the case is civil, and silva filed first, then he has to prove what he has filed for. Keanu still has to prove that this man was in the wrong, this I know.
If the prosecutor was the one who filed in behave of silva, then my concern would be the fact that Keanu could still face criminal charges. That's what I'm try'n to see here. In a case filed by a prosecutor, it's still actually the same, it's just that he has the burden of proof more so than what Keanu would have had.
I really don't know if there is much different in law from here in Indiana, then in Cali. When I worked with the Adult Protective Services, and when I was with the Juvenile Authorities, as well as in CASA (court apointed special advocate for children) we always had the burden of proof for the case, then the other party would have to prove us wrong.
If the law is the same there as it is here, and its civil, Keanu will have to prove that silva was at fault for what happened. I'd feel better knowing that the prosecutor isn't involved. That way, I'd know he's not facing any charges. My concern here is that in his past, he's had a couple of DUI and wreckless driving charges that could be brought out against him showing he's had problems before behind the wheel of his car. That's my concerns, because they can bring it up.
I really don't think Keanu could emotionally handle being behind bars very long. He's got that nervous tick he's been dealing with all his life. I don't know if any of you have ever seen his hands shake. When a crowd gets near him, are when he would come out to sign autographs, often, his hands would shake. Sometimes, it was bad.
Art, you don't know me at all,lol. If Keanu was to end up behind bars for a period of time over that slime ball not moving out of Keanu's way after he had been asked too? Oh no, I'm planning on moving to the Central Coast area, about 130 miles nw of LA. Yes, I'm likely to go looking for silva. I can be a dirty bitch if need be!
I know how to stoop, and not be seen! I've done undercover work for the gov itself at times. I'd catch him! I'd do him the way I did my first husband, beat him and leave him lay....... Years ago, I knocked my husband out, tied him up with the phone cord, and waited for him to awake; and when he did, I smacked him with a ball bat to his gonads, Oh yeah! He never messed with me again.
And, I'm not stupid, I'd go all the way out and fit myself up so I looked different, so the description he gave police didn't even look like me. Oh yeah! Wig, color of my skin, I'd most likely put cotton in my mouth so when I spoke, he wouldn't know the real sound of my voice, if you know what I mean. If you think I wouldn't, then you're think'n wrong...
People, let me ask you a question? How many of you would have the balls to crawl into the front seat of a police car with the officer at the wheel, fire up a joint with the lighter of that car, and then offer it to others around you out side of that car yelling out, Happy New Years? Oh yeah, I did that! Keanu saw it too; oh yeah! And, I didn't get into trouble for it.
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truthfinder
AOL
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Well I would. When I knew all of the police officers. Now-not so much. Dee-you are really nasty when you want to be!!lol!! I said it before and I'll say it again I wouldn't want to mess with you, lol.
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Rocky65
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Yer scarin' the CRAP outta me!
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Dee 73 in Words of Truth
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And here I was hoping you two was my backup.lol I'm really not that mean...lol
I found out that now I need to write my congress about this issue of Freedom of Press and changing laws about how far they can go. I know breaking news is one thing, but some of what's happening is just not. It's a violation of privacy!
PS: I would never hurt good people.
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Yep
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The penal code is quite different. I don't think anyone would believe that he intentionally, knowingly, recklessly and criminally negligently injured Silva. Silva is full of greed-I think he probably went to a criminal attorney first, and they told him to get out of there.
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