Wednesday, May 4, 2016

Dana Stubblefield Denies Sexual Abuse of Developmentally Disabled Adult




Sexual abuse of developmentally delayed adults (mental retardation, adult autism) is the highest percentage of any group in the United States.  More adults with MR are sexually assaulted than any other group.  They are the most vulnerable of Americans, and prosecuting sexual exploitation of them is near impossible as the victim generally cannot take the stand in her own defense.  Defense attorneys can easily confuse them.

In Statement Analysis, we listen to what one says and do so with the presupposition of de facto innocence; that is, that the person 'did not do it', rather than rely upon judicial innocence, which all possess.

We expect the subject to say that he did not do that which he was accused simply by:

1.  Using the pronoun "I"

2.  Using the past tense verb "did not" (or "didn't")

3.  By naming what he is accused of.

"I did not sexually assault her" is a simple and easy thing for one to say who did not do it.  They have no need to "prove" that which did not happen.  Let's listen to former NFL player, Dana Stubblefied to hear if he denies sexually assaulting the victim.




"I am here to state without any reservations that I am completely innocent of these allegations."

Please note that when he was introduced, a reservation was made:  he would not be taking any questions, his lawyer stated.  

"These allegations are completely false. "


"I have worked my whole career to be part of the Bay Community."

"And I have worked in several communities and charities with the church."

"This is an issue that is very close to me. One of my primary, one of my primary charities is Special Olympics.  Something that is true and dear to my heart."

"This is why these allegations hurt me so badly. "

"But I am not a perfect man."

note in the video where he leaves off reading the prepared statement at this point:  

"However, the allegations against me come after a year after consensual encounter with another woman are all totally false.  I am here today to state this clearly.  On my attorneys advice I won't be answering any questions but I wanted I wanted to hold a press conference to tell the truth and have the truth come out. I will defend myself with all of my strength.  Today we are here to open up this case and give more information to demonstrate that this was a, a con, a consensual relationship. Excuse me.  My attorneys will give you more information on that. But again,  But these charges are, again, completely false.  I look forward to providing, my, sorry, to proving my innocence."



Analysis Conclusion:

Dana Stubblefield has not denied any allegations. We cannot deny the allegations for him.  

Had he said, "I did not sexually abuse her" and "I have told the truth", it would have been reliable.  

The issue is in exploitation; the difference in sophistication between him and a woman with developmental disabilities.  The attorneys attack the victim's credibility, which is expected, but do so without denying the allegation; only that they affirm his judicial innocence.  

The defense attorneys uses many words to impugn the victim and how she needed money and had a work history.  Neither denies the allegation only the outcome.   


"Developmentally delayed people do not apply for jobs and do not post on Facebook...she asked for money 20 times, continually, we have her text messages we will be providing..."  

"The point being that if this incident genuinely  occurred, would someone like this ask for money?"

The attorney allows for this to have occurred. 





17 comments:

Anonymous said...

Peter - if you are following this unusual "DeOrr Kunz" type of story...

UPDATE on missing Tricia Todd... some statements released...

""Using a polygraph, nothing in his interview showed [her ex husband] was involved or knew anything about his disappear," Sheriff William Snyder said.

"She had never parked here before, ever so her car was always on the other side of the driveway, on the other side of yard. I never see here car here ever," said Crable [neighbor and owner of driveway where her car was found]. "Her brother moved the car around 5pm."

"Sheriff Snyder said Williams was seen around 1:19am Wednesday purchasing gas to fill Tricia's car. "He told us she was running low and went to fill it. We drained the tank and it was low on fuel."

"He is real meticulous anyway but it's strange," said Tricia's Step-Father Mike Hasselbach. "It's something you would do if some evidence was to be left behind in the car. So that is just something else that gets put to his motive. One more thing that doesn't look good for him"

SOURCE: http://cbs12.com/news/local/news-conference-set-for-430-pm-in-search-for-tricia-todd

-KC

Vicki said...

Do you read about yourself in the tabloids?

From Woody Allen Interview:

I never, ever, ever read anything about myself. Not my interviews, not stories about me. I never, ever read any criticism of my films. I scrupulously have avoided any self-preoccupation. When I first started, that was not the case. [But now I] just pay attention to the work and don't read about how great I am or what a fool I am. The enjoyment has got to come from doing the project. It's fun to get up in the morning and have your script in front of you and to meet with your scenic designer and your cinematographer, to get out on the set and work with these charming men and beautiful women and put in this Cole Porter music and great costumes. When that's over, and you've made your best movie, move on. I never look at the movie again — I never read anything about it again.

Have you ever watched any of your own movies again?

No. Never seen them again. I made Take the Money and Run in 1968 or so; I've never seen it again. Never seen any of them.
More Here:
http://www.hollywoodreporter.com/features/woody-allen-interview-he-wont-889678

Anonymous said...

I question how this woman is able to seek and gain employment in the field of caring for children but at the same time is so 'developmentally disabled' that she can't give consent to sex. What??? That doesn't make any sense at all.

Francine Robinson said...
This comment has been removed by the author.
Hey Jude said...

In the press conference, his attorney says he passed more than one lie detector test, and one of the LD questions was 'Did you sexually assault [whoever]?' Does that indicate that he doesn't believe he did sexually assault the woman, even if she believes that he did? It's a bit iffy - she was only at his house on one day, after which she texted him many times for money - attorney says he did give her a small amount of money for her bills and to fix her car. Is it a case that he took advantage of her, after which, rather than reporting the incident, she tried to take advantage of him? Maybe she did not consent, but he thought she was not unconsenting.

If she is on the autistic spectrum she sounds to be 'high functioning' yet may be socially not so capable, giving mixed or confusing messages, not knowing how to respond in every situation. It would be helpful to hear her side of the story. She maybe was overwhelmed by him, and could not react.

There is such bias in the attorney's claim that such people don't post on Facebook or apply for jobs - it depends on the person's ability to function - greater or less according to how mild or severe their condition is. She is high functioning, and it sounds like an attempt at blackmail - unless he gave her the impression they were now friends, perhaps, and she didn't get that either. I want more story. A year is a long time for her to have not filed a complaint, whilst also asking him for money.

He doesn't give a reliable denial, yet he apparently passed the LD tests on the vital question. Yet, if he didn't believe he had sexually assaulted her, why does he give no reliable denial at the press conference? Why did he give a more-or-less stranger, he had met only once, money for bills and to fix her car?

tania cadogan said...

Hey Jude said...

In the press conference, his attorney says he passed more than one lie detector test, and one of the LD questions was 'Did you sexually assault [whoever]?'

This is where him passing the polygraph falls down.

If they used the word assault and it was not a word he used himself, then he could pass a polygraph easily.

If he doesn't believe what he did (if anything) was assault then he would pass.
They would need to learn what his definition of sexual assault is.

To him it could imply violence, non consent.
If he didn't use violence, if he believed she consented, even though she has mental retardation of some kind, then it was not assault.

Now, if they asked him if he had kissed her?
If they asked him if he had touched her?
If they asked him if he had touched her intimately?
If they asked him if he had sexual contact with her?

Personally, i would also ask if she had done the same to him since he may claim it was she who instigated the contact, she kissed him etc.
It is not unknown for the offender to blame their victim and claim it was the victim that did it to him.





Hey Jude said...

Thanks, Tania. So - he doesn't believe or accept he sexually assaulted her, thus no reliable denial at the press conference - and because he doesn't believe or accept it, he is able to pass the polygraph, but that doesn't have to mean he didn't do it. I have got that now - at least till the next time - some things are easier to remember than others.

rjb said...

The things I've learned here about everyone having a subjective, internal dictionary has drastically alerted and improved the way I deal with my children's squabbles.

A: Mom, N is poking me!

N: No I'm not!

Me: N, did you touch your sister?

N: Yeah, but I didn't poke her!

Me: Come do to me what you did to your sister.

(N extends his index finger and jabs my arm with it multiple times.)

Me: Son, that is poking. Most people would agree that it is poking, and that is what your sister is talking about when she says 'poking.'" Next time someone says to stop poking them, assume that whatever way you are touching them is what they mean and STOP DOING IT.

N: Okay.

Me: What do you think poking is, anyway?

N (shrugging): I dunno.

My Sew Imperfect Life said...

Oh my gosh rjb! It has helped me to mediate my kids fights too! Grabbing a phone vs touching a phone/ attempting to turn it off, yelling vs "I raised my voice".. Lol I have to go into their language.

Is it just me or do the people who choose to do press conferences more often than not do not give a RD?

John mcgowan said...

OT Update:

In court papers, prosecutors lay out case against Creato

The morning that 3-year-old Brendan Creato was reported missing in Haddon Township, sparking a massive search by residents and authorities, a K-9 dog tracked his scent using one of Brendan's Mickey Mouse slippers.

The police dog led investigators down Cooper Street, into woods near South Park Drive, down a dirt path, to a creek where Brendan's body was partially submerged. Brendan was wearing pajamas and socks, and the socks were clean. The site was three-quarters of a mile from his father's apartment, where he was last said to have been seen.

The following day, at 4 a.m., a crime-scene sergeant from the Camden County Prosecutor's Office walked from David "D.J." Creato Jr.'s apartment to the woods - in socks - to see if Brendan could have gone there on foot. Investigators even had a 3-year-old girl, whose identity and connection to the case have not been specified, walk the path wearing socks similar to Brendan's.

The result in both cases: The socks became filthy.

Authorities concluded that someone had placed Brendan's body in the woods. In January, they charged his father with murder and endangering the welfare of a child.

Those events are detailed in motions the Prosecutor's Office filed this week in Superior Court, requesting that a judge toss motions that Creato's attorney, Richard J. Fuschino Jr., filed in late March.

Those motions sought to prevent prosecutors from using as evidence a statement Creato gave to investigators, and to have the indictment against Creato dismissed.

Fuschino declined to comment Wednesday, and a spokesman for the Prosecutor's Office said, "The motions speak for themselves. We have no further comment."

The latest court filing also reveals that Creato, 22, took a lie-detector test the day Brendan was found. While the results are not specified, the motion says, "When he was advised of the results, he asked detectives if he could take the test again." It's unclear if he did.

Prosecutors have said that Brendan died of "homicidal violence," and that an examination of his brain showed an abnormality consistent with oxygen deprivation that can be caused by asphyxiation, drowning, or strangulation.

Authorities, however, could not determine an exact cause of death.

County Medical Examiner Gerald Feigin, who performed an autopsy, explained the complexity of the case to the grand jury that indicted Creato, according to a copy of Feigin's testimony included in the motions.

"This is a difficult case," Feigin said. "It's not a beating or anything else. So I had to look for any disease that I can think of or any of my other doctors could think of, and we looked at all the organs to see if there's any disease that could have killed [Brendan]. There were none."

Feigin, who also pointed to the clean socks as evidence his body was placed in the woods, added, "There was no evidence of an accident."

Creato called 911 around 6 a.m. last Oct. 13 to report Brendan missing from his apartment near Cooper and Virginia Avenue in Westmont. Police sent automated calls about the disappearance to residents, who searched through cars and yards, and inside plastic Halloween pumpkins.

Cont..

John mcgowan said...
This comment has been removed by the author.
John mcgowan said...

Cont..

Brendan was found just before 9 a.m. facedown in the shallow creek, his body slumped over a rock.

Authorities took his father to the Haddon Township Police Department for questioning just after the discovery, though Creato did not yet know that Brendan's body had been found, according to the court filings.

Creato, the motions said, told detectives that Brendan was afraid of the dark and that it was "just so unlikely that he would just get up and leave" from the love seat in the living room, where Brendan had slept that night.

When detectives told Creato his son had been found dead, Creato asked several questions, according to the motions, including, "When did he pass?"

"We don't know that," Prosecutor's Office Detective Michael Rhoads replied. "There's a lot of questions that we need answers to and we need your help to find out."

"Yes, sir," Creato said, according to the filing. "I'll tell you anything."

Creato said detectives could search his iPhone 6. He also said during the questioning, "I'll do anything. I have nothing to hide," the motions say.

This is normally said when the subject/suspect has something he wishes not to be known. What it is, is another matter. It maybe related to the death of his son, it maybe not. But he is holding back information.

Creato was arrested Jan. 11 and remains in the Camden County Jail on $750,000 bail.

Prosecutors allege that Creato killed Brendan to stop his 17-year-old girlfriend, who investigators said disliked children, from leaving him. Investigators reviewed more than 9,000 text messages between Creato and the teen to reach that conclusion.

Prosecutors said the girlfriend was away at college when Brendan died. Brendan's mother, Samantha Denoto, did not live with Creato.

The next hearing in the case is scheduled for May 16.


http://www.philly.com/philly/news/new_jersey/20160505_In_court_papers__prosecutors_lay_out_case_against_Creato.html#SZGy2K6IoCPcd6OE.99

Anonymous said...

Stubblefield didn't issue a denial. He wants us to know, however, that he is involved with the church (oh,he must be innocent then, case closed).
He had a prepared statement, yet he stubbled and stuttered over his words, while sweating profusely. That doesn't mean he's guilty, but along with his inability to say he did not sexually abuse the victim, makes him look and sound highly suspect.
He's also surrounded by a team of lawyers, like a security blanket, none of whom issued a denial either.
Good luck in court!

Anonymous said...

Why would he have to take more than one lie detector test, and what is "more than one." 2, 5, how many did he need to take?

C5H11ONO said...

How could he say this is consensual when the woman is developmentally delayed. He has admitted to having a sexual relationship with her.

rjb said...

There was a case last year in which a woman claimed to be in a consensual sexual and romantic relationship with a man who has such severe cerebral palsy that he cannot even speak. You can read about it in the link below. People can and will justify anything to themselves.

http://www.dailymail.co.uk/news/article-3249484/Professor-takes-stand-defense-against-claims-raped-disabled-nonverbal-diaper-wearing-man-cerebral-palsy-says-love.html

tania cadogan said...

I recall that case. She used a controversial method called facilitated communication (supported typing) which is a discredited technique used by some caregivers and educators in an attempt to assist people with severe educational and communication disabilities. The technique involves providing an alphabet board, or keyboard. The facilitator holds or gently touches the disabled person's arm or hand during this process and attempts to help them move their hand and amplify their gesture.

I remember a programme about facilitated communication a few years back, at the time i thought it was ridiculous and laughable and very open to misuse.
The subject in the programmes kept looking away or not showing interest whilst his 'facilitator' was typing out his messages.

It was so ridiculous i wondered if it was a spoof programme.

She was found guilty last year on two counts of felony first-degree aggravated sexual assault for raping a mentally disabled man.
She got 12 years and lost her appeal
On her release, Stubblefield will be on supervised parole for the rest of her life and will be required to register as a sex offender.