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Donaldson admits guilt in monitored phone call

Not so fast, says the Prosecutor:

Prosecutor: Only way Donaldson will avoid rape trial is by pleading guilty

By GWEN FLORIO of the Missoulian missoulian.com | Posted: Wednesday, April 25, 2012 12:45 pm

Read more: http://missoulian.com/news/local/de8cdea6-8e43-11e1-986b-0019bb2963f4.html#ixzz1t5pgIx2c" onclick="window.open(this.href);return false;

If University of Montana Grizzlies football player Beau Donaldson wants to avoid a rape trial, he’ll have to plead guilty, Missoula County Attorney Fred Van Valkenburg said Wednesday.

“From the County Attorney’s Office perspective, the only way the Beau Donaldson case is not going to trial is if the defendant pleads guilty to the offense he is charged with committing – sexual intercourse without consent,” Van Valkenburg said.

Donaldson, 22, appeared at a pretrial conference Tuesday in Missoula County District Court. During that conference, his attorney, Milt Datsopoulos, said that he’s had “multiple conferences” with Deputy Missoula County Attorney Shaun Donovan and expects to have more. “We’re discussing a potential resolution short of a trial,” he said.

Donaldson faces a single charge of sexual intercourse without consent. He admitted in a monitored telephone conversation in December that he assaulted a woman sleeping at his house in September 2010, according to charging documents in the case.

The accusation came to light in December, after UM announced a high-profile investigation into allegations of sexual assault involving students.

Although the woman called her mother and went to First Step for treatment immediately after the alleged incident, she did not initially report it to police, the court papers said.

According to the affidavit that Donovan filed in the case, Donaldson came to the woman’s house the day after the alleged incident. “After initially denying the act, he became emotional, admitted the accusation and apologized,” the affidavit states.

At the request of both prosecution and defense attorneys, Judge Karen Townsend set a trial date of Sept. 26.

Conviction on the charge carries a maximum sentence of 100 years or life in prison, and/or a $50,000 fine.

Donaldson, a running back who was suspended indefinitely from the team after his arrest, remains free on $50,000 bond.

Datsopoulos said Tuesday he anticipates filing a motion to modify some of the conditions of Donaldson’s release, but did not give specifics.

Missoulian reporter Gwen Florio can be reached at 523-5268, [email protected], or
@CopsAndCourts on Twitter.


Copyright 2012 missoulian.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
 
That just looks like Gwen Florio is out to get another football player. Now I think Donaldson is innocent and being framed by Gwen. Seriously how easy would it have been for GF to call that girl and imitate Beaus voice and apologize?

This is a set up..........

Sent from my DROID BIONIC using Tapatalk 2
 
AllWeatherFan said:
Not so fast, says the Prosecutor:

Prosecutor: Only way Donaldson will avoid rape trial is by pleading guilty

By GWEN FLORIO of the Missoulian missoulian.com | Posted: Wednesday, April 25, 2012 12:45 pm

Read more: http://missoulian.com/news/local/de8cdea6-8e43-11e1-986b-0019bb2963f4.html#ixzz1t5pgIx2c" onclick="window.open(this.href);return false;

If University of Montana Grizzlies football player Beau Donaldson wants to avoid a rape trial, he’ll have to plead guilty, Missoula County Attorney Fred Van Valkenburg said Wednesday.

“From the County Attorney’s Office perspective, the only way the Beau Donaldson case is not going to trial is if the defendant pleads guilty to the offense he is charged with committing – sexual intercourse without consent,” Van Valkenburg said.

Donaldson, 22, appeared at a pretrial conference Tuesday in Missoula County District Court. During that conference, his attorney, Milt Datsopoulos, said that he’s had “multiple conferences” with Deputy Missoula County Attorney Shaun Donovan and expects to have more. “We’re discussing a potential resolution short of a trial,” he said.

Donaldson faces a single charge of sexual intercourse without consent. He admitted in a monitored telephone conversation in December that he assaulted a woman sleeping at his house in September 2010, according to charging documents in the case.

The accusation came to light in December, after UM announced a high-profile investigation into allegations of sexual assault involving students.

Although the woman called her mother and went to First Step for treatment immediately after the alleged incident, she did not initially report it to police, the court papers said.

According to the affidavit that Donovan filed in the case, Donaldson came to the woman’s house the day after the alleged incident. “After initially denying the act, he became emotional, admitted the accusation and apologized,” the affidavit states.

At the request of both prosecution and defense attorneys, Judge Karen Townsend set a trial date of Sept. 26.

Conviction on the charge carries a maximum sentence of 100 years or life in prison, and/or a $50,000 fine.

Donaldson, a running back who was suspended indefinitely from the team after his arrest, remains free on $50,000 bond.

Datsopoulos said Tuesday he anticipates filing a motion to modify some of the conditions of Donaldson’s release, but did not give specifics.

Missoulian reporter Gwen Florio can be reached at 523-5268, [email protected], or
@CopsAndCourts on Twitter.


Copyright 2012 missoulian.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Answers some questions. The plea agreement will be for a plea of guily to the rape charge in exchange for a set sentence recommendation.
 
66volvo said:
Curious about the "monitored" phone call. Was Donaldson aware that he was being monitored? If so, by whom and under what pretense? Did both parties consent to being monitored? What would have been the basis for "tapping" Donaldson's or the victim's phone calls? Is this admissable as evidence or can a defense attorney have the conversation dismissed? More questions; few answers.

If a private citizen requests the call to be monitored without pressure from the police then it is generally admissible. Beau has no expectation of privacy when calling a third party.
 
crackgina said:
66volvo said:
Curious about the "monitored" phone call. Was Donaldson aware that he was being monitored? If so, by whom and under what pretense? Did both parties consent to being monitored? What would have been the basis for "tapping" Donaldson's or the victim's phone calls? Is this admissable as evidence or can a defense attorney have the conversation dismissed? More questions; few answers.

If a private citizen requests the call to be monitored without pressure from the police then it is generally admissible. Beau has no expectation of privacy when calling a third party.


Crack for the win.

He cites the state of the law with perfection. It might have been a long time since he took the bar examination, but he nailed the holdings in Hoffa and White :thumb:

Still, I am not sure if I would like him representing me
 
I don't represent criminals and I pulled that out after a 21 year lull in criminal law. You would love for me to represent you, admit it. And I would like it because it would mean you were in a car accident and hurt. :D
 
crackgina said:
66volvo said:
Curious about the "monitored" phone call. Was Donaldson aware that he was being monitored? If so, by whom and under what pretense? Did both parties consent to being monitored? What would have been the basis for "tapping" Donaldson's or the victim's phone calls? Is this admissable as evidence or can a defense attorney have the conversation dismissed? More questions; few answers.

If a private citizen requests the call to be monitored without pressure from the police then it is generally admissible. Beau has no expectation of privacy when calling a third party.

Not according to the Montana Supreme court decision State v. Allen. I'm no lawyer, but I have read a case note about it. My (uneducated) guess is that the police got a search warrant to monitor the call.
 
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