The Jerry Baldwin Saga: 1998-2020

[CajunVic]

You are apparently much stupider than I realized.

As long as it is what YOU realize, I think I’m pretty ok.

[covcaj]

As long as it is what YOU realize, I think I’m pretty ok.

Mr. Vic,

I did not follow the trial other than reading about it in the paper. And, I have no idea who the Louisiana attorneys are, or their qualifications/abilities. However, to blame an attorney for this case taking so long is wrong. The speed at which a particular case moves is almost entirely set by two factors. One, is the statutory requirements and timelines set forth by statute. The other is the trial judge. The trial judge largely sets the tempo and determines when things must be done/submitted. The attorney, other than perhaps raising an objection, can do nothing but go along.

Also, it is a common strategy for a deep pocket party to make it as expensive as possible for the less well-financed opponent. (I would argue that this is a serious problem with our justice system, but I digress.) It is quite possible that Louisiana's attorneys, with the agreement of their client, did as much as possible to increase the time/money spent by Baldwin's attorneys, who were probably, though I don't know this, working on a contingency basis and fronting the costs themselves.

[CajunVic]

Mr. Vic,

I did not follow the trial other than reading about it in the paper. And, I have no idea who the Louisiana attorneys are, or their qualifications/abilities. However, to blame an attorney for this case taking so long is wrong. The speed at which a particular case moves is almost entirely set by two factors. One, is the statutory requirements and timelines set forth by statute. The other is the trial judge. The trial judge largely sets the tempo and determines when things must be done/submitted. The attorney, other than perhaps raising an objection, can do nothing but go along.

Also, it is a common strategy for a deep pocket party to make it as expensive as possible for the less well-financed opponent. (I would argue that this is a serious problem with our justice system, but I digress.) It is quite possible that Louisiana's attorneys, with the agreement of their client, did as much as possible to increase the time/money spent by Baldwin's attorneys, who were probably, though I don't know this, working on a contingency basis and fronting the costs themselves.

This definitely could be a defense strategy. If so, it was not a very good one in this case. The state has probably expended hundreds of thousands in defense costs on a 2 bit case and this case is now on its third track to the Supreme Court after a complete jury trial without any sign of plaintiff or plaintiff's counsel being frozen out.

[covcaj]

This definitely could be a defense strategy. If so, it was not a very good one in this case. The state has probably expended hundreds of thousands in defense costs on a 2 bit case and this case is now on its third track to the Supreme Court after a complete jury trial without any sign of plaintiff or plaintiff's counsel being frozen out.

And defense counsel can do nothing to stop plaintiff's counsel from lodging an appeal or taking writs. Defense counsel can only respond to the submissions of the other side.

Again, I know nothing of the quality of the defense offered by Louisiana's attorneys. My only comment is that you are wrong in blaming them for this case going on as long as it has.

[CajunVic]

And defense counsel can do nothing to stop plaintiff's counsel from lodging an appeal or taking writs. Defense counsel can only respond to the submissions of the other side.

Again, I know nothing of the quality of the defense offered by Louisiana's attorneys. My only comment is that you are wrong in blaming them for this case going on as long as it has.

A good lawyer provides advice on defense strategy and should sway the client towards the most economical resolution, especially when the case is a 2 bit case. That has obviously no happened here.

[covcaj]

A good lawyer provides advice on defense strategy and should sway the client towards the most economical resolution, especially when the case is a 2 bit case. That has obviously no happened here.

I'm sorry, I don't understand. Please explain what the defense could have done to bring about a quicker resolution of this case.

[CajunVic]

I'm sorry, I don't understand. Please explain what the defense could have done to bring about a quicker resolution of this case.

There is not enough time to school one not versed in trial and defense strategy on a sports message board. Let's just say that 17 years and three trips to the Supreme Court in one case speak for themselves.

[Cajunrunner]

I'm sorry, I don't understand. Please explain what the defense could have done to bring about a quicker resolution of this case.

Maybe offered a $50k settlement up front. Baldwin and his sue for anything trial lawyers might have taken that just to have a few extra bucks in their pockets.

However, when you settle, that becomes public and taken interpreted by your simple-minded Joe reading the paper as an admission of guilt, when in fact sometimes it’s just more cost-effective to throw a few bucks at the person to make them go away.

In this case, I’m glad the university didn’t do that, as a 6-27 record alone should be justification enough to fire any D1 Head football coach.

[covcaj]

There is not enough time to school one not versed in trial and defense strategy on a sports message board. Let's just say that 17 years and three trips to the Supreme Court in one case speak for themselves.

Please tell me how the defense could have prevented the three trips to the Supreme Court. Any party can submit a writ for certiorari. The other side cannot prevent that. They can only submit briefs as to why it should not be granted. If the Court grants certiorari, the only thing left to do is to prepare arguments. The hearing before the Court is then determined by the Court, not the attorneys.

[CajunVic]

The 1st Cir (taken from the article posted in the OP) said:

"No witness, other than Baldwin himself, indicated that they had seen or heard of any kind of racial issue while Baldwin was head coach"

With this fact and a 6 - 27 record, how do you not win this case? While the jury in some cases may come to some strange findings and results, this one is a head scratcher.