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re: The case for Kristian Fulton and why he should be reinstated

Posted on 6/18/18 at 7:50 am to
Posted by moneyg
Member since Jun 2006
61937 posts
Posted on 6/18/18 at 7:50 am to
quote:

Tampering with the test should be considered a “positive” test...no more, no less...and he should serve punishment for that. Which he did. Plus some. End of story.


What's the incentive to not tamper, if the punishment is the same?
Posted by catholictigerfan
Member since Oct 2009
59597 posts
Posted on 6/18/18 at 7:57 am to
I can agree with a higher punishment for tampering than a positive drug test. But two years first offense? That is a bit high.
This post was edited on 6/18/18 at 7:58 am
Posted by moneyg
Member since Jun 2006
61937 posts
Posted on 6/18/18 at 12:52 pm to
If you have any question about how ineffective this campaign has been go google "Kristian Fulton". The only search results that are found are from the original articles written on this 5 days ago. Search results from March on are page 1.

I hope this wasn't the entire strategy.

Posted by LSUGRAD2008
Baton Rouge
Member since Mar 2018
484 posts
Posted on 6/18/18 at 2:25 pm to
So why is he allowed to run track and not play football? Figured it would be all sports
Posted by Bert Macklin FBI
Quantico
Member since May 2013
11762 posts
Posted on 6/18/18 at 2:36 pm to
Fulton doesn't run track....

You're thinking of Kary Vincent
Posted by LSUGRAD2008
Baton Rouge
Member since Mar 2018
484 posts
Posted on 6/18/18 at 2:48 pm to
you're absolutely right my bad
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
30234 posts
Posted on 6/18/18 at 2:49 pm to
Bub his only hope is if his lawyers can latch on to the mishandling of the sample by the NCAA....and the mishandling actually happened...and they can prove it.

Without that he doesn't have a snowballs chance in hell of playing this year.
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
22097 posts
Posted on 6/18/18 at 3:33 pm to
It’s comical how so many of you clowns are willing to twist yourself, not to mention your morals, into pretzels in the hopes that some guy that may or may not even be good can suit up for your favorite sports team.


If this was Dylan Moses or some other Bama player you’d be screaming to the heavens that Saban and the Rec rule the NCAA if he were reinstated.


I’ll help you dumb fricks out. Google “overt act” and kindly STFU about how sweet innnocent Kristian had a change of heart and didn’t REALLY cheat the test
This post was edited on 6/18/18 at 3:34 pm
Posted by dgnx6
Member since Feb 2006
85663 posts
Posted on 6/18/18 at 4:30 pm to
That's not how this works.
Posted by dgnx6
Member since Feb 2006
85663 posts
Posted on 6/18/18 at 4:33 pm to
quote:

People have gotten shorter prison sentences for 2nd degree manslaughter with a firearm. N


Fulton isn't getting any jail time over this. What a fricking ridiculous argument.
Posted by TigerBlazer
Member since Aug 2016
840 posts
Posted on 6/18/18 at 5:05 pm to
I understand what you are saying but he didn’t just “think about doing it”.

If he had poured it out prior to being caught I would agree with you.
Posted by tigercross
Member since Feb 2008
5057 posts
Posted on 6/18/18 at 5:10 pm to
quote:

Bub his only hope is if his lawyers can latch on to the mishandling of the sample by the NCAA....and the mishandling actually happened...and they can prove it.



I don't even understand why they feel like that would help his case. The contents of the sample and the result of the test aren't the issue. The issue is that he poured someone else's urine into the beaker (this in itself is tampering, regardless of whether or not he dumped it out) and the testing official witnessed this act.
Posted by HoustonGumbeauxGuy
Member since Jul 2011
32671 posts
Posted on 6/18/18 at 5:37 pm to
I wish we put half as much effort into signing a superstar QB as we did campaigning for Fulton’s reinstatement we’d be golden.
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19072 posts
Posted on 6/18/18 at 5:45 pm to
quote:

I don't even understand why they feel like that would help his case. The contents of the sample and the result of the test aren't the issue. The issue is that he poured someone else's urine into the beaker (this in itself is tampering, regardless of whether or not he dumped it out) and the testing official witnessed this act.
I think their approach, best approach, is to attack it from the angle of the penalty is out of line with what other organizations do and therefore is excessive.

I understand why it is 2X the penalty for a fail... to discourage tampering, or even an attempt to tamper. But when put in context of the others, it is excessive, by comparison. Then put it in the context of % of playing time, college vs. pros and you have some extra case for saying the word "excessive".

Yes, the rules are clear. One, the penalty for tampering is twice that of a fail. Two, an attempt to tamper is tampering. However, their play is to probably convince a judge that it is excessive and for him to order a rescission. They won't challenge the rule directly, they want a 3rd party (judge, arbiter) to, frankly, feel bad and tell them otherwise.

Challenging the chain of custody is only a way to tug at the judges heartstrings a little, put a chink, however small, in the NCAA's rules-armor and make them look ever so slightly less credible. Any damage to credibility, and the "draconian penalty" looks that much worse... and is likely to sway a judge just enough.

But the goal is to make the rule excessive, by comparison, to a judge and have him rule against the penalty. The NCAA isn't going to back off. Only a judge can make them.
Posted by Bert Macklin FBI
Quantico
Member since May 2013
11762 posts
Posted on 6/18/18 at 5:53 pm to
quote:

I wish we put half as much effort into signing a superstar QB as we did campaigning for Fulton’s reinstatement we’d be golden


Wtf are you talking about? What effort is the LSU football program putting towards Fulton’s reinstatement? This lawyer and appeal is a personal matter, it’s not LSU’s lawyer.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/18/18 at 6:14 pm to
quote:

Bub his only hope is if his lawyers can latch on to the mishandling of the sample by the NCAA....and the mishandling actually happened...and they can prove it.

Without that he doesn't have a snowballs chance in hell of playing this year.


Considering the lawyer he has (he taught my Sports Law class), he's gonna milk that so hard at the appeal hearing and it'll probably work and get the sentence remainder vacated on technicalities dude is a REALLY GOOD athlete attorney he's got skill would not bet against him here
Posted by tigercross
Member since Feb 2008
5057 posts
Posted on 6/18/18 at 6:14 pm to
quote:

But the goal is to make the rule excessive, by comparison, to a judge and have him rule against the penalty. The NCAA isn't going to back off. Only a judge can make them.


Even the inside man posting here concedes this won’t be settled in court. Their only prayer is to put public pressure on the NCAA. It isn’t working so far.

VolTiger

Posted by Drizzt
Cimmeria
Member since Aug 2013
14881 posts
Posted on 6/18/18 at 6:15 pm to
Looking forward to thought fouls in the NCAA basketball tournament.
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
30234 posts
Posted on 6/18/18 at 9:15 pm to
quote:

I don't even understand why they feel like that would help his case.


Chain of custody is a big deal....it's gotten legit rapists off the hook in the past.
Posted by tgerb8
Huntsvegas
Member since Aug 2007
6581 posts
Posted on 6/18/18 at 9:57 pm to
quote:

IMO, it's pretty simple really. When you were in school and the teacher passed out the tests, if the teacher caught a student with a cheat sheet before the student made a mark on the test, that student would still be punished for cheating on said test the same way if he or she got caught in the middle of the test.



That's fine and good. But it's comparing apples to oranges in this case.

I've seen enough tv shows to know that the "letter of the law" is not a saying because it's catchy. The law has to be exact, all encompassing, and free of loopholes.
While there is no doubt in my mind that he meant to cheat the test, there is also no doubt in my mind that it can be proved he didn't break the law.

Whether or not hes successful the penalty is definitely bullshite.
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