FB: Minnesota Intercollegiate Athletic Conference

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tommiegun

Generally prosecutors are immune from liability for their professional activities (kind of a public policy tradeoff).  I'd say the prosecutor faces slim to no chance of any civil liability and no chance of criminal liability.  Its possible he violated Minnesota Rule of Professional Conduct 3.8, but I'd be very surprised if anyone files a complaint with the State Board - however, if I was Todd Hoffner, I sure as hell would.

USTBench

#61951
Quote from: GoldandBlueBU on November 30, 2012, 03:07:47 PM
Quote from: sfury on November 30, 2012, 02:44:47 PM
Because this was discussed here, and you always here the charges but not always the dismissals...all charges against Mankato coach Todd Hoffner dismissed. Everything I've seen on the case, seemed like absolutely the right call. Unfortunately too late for his reputation and, possibly, career.

http://www.startribune.com/local/181574761.html?refer=y

Yeah, I saw that as well...what a shame how he was dragged through the mud on this. 

For the legal minds out there (Bench?, JJR?) are there ever any consequences for prosecutors in a situation like this?  I of course remember the Duke Lacrosse rape case and how he was dis-barred, etc, but will the prosecutor in this case ever have to pay the piper for his actions in throwing a seriously mis-aimed wrench into Hoffner's life?

If they withheld any exculpatory evidence, there would most definitely be consequences. (Disbarrment, possible jail time.)

In most state statutes and the Federal statute, the mere presence of a nude child is not enough to qualify as child pornography. It has to have something overt in sexual nature, lewd, lascivious, etc. Unfortunately, parts of my days have been spent arguing with assistant US Attorneys, ICE agents, and State's Attorneys about which images constitute what.

It seems here there was just a difference of opinion, and that's usually what it comes down to. Most Child Pornorgraphers don't just have one or two images though, you can ask any judge, forensic psychologist, attorney that has dealt with these types of cases before, and it's usually several hundred or possibly thousand, and they usually get busted because they don't know how to privatize a file sharing network like Frostwire or Limewire. In fact, most get caught now, not by receiving said image, but because a 19 character alpha-numeric jpeg flagged by the National Center of Missing and Exploited children left a particular IP address.

There may have been other avenues available to Coach Hoffner in how the images were attained as well, but often times stolen evidence is admissible depending on the absence of police involvement. Interesting case, but unfortunatley I think you're right, it will very tough for him to remain at Mankato and very tough for him to find employment after this.

...um, I mean, go UST!
Augsburg University: 2021 MIAC Spring Football Champions

AO

Quote from: sfury on November 30, 2012, 02:44:47 PM
Because this was discussed here, and you always here the charges but not always the dismissals...all charges against Mankato coach Todd Hoffner dismissed. Everything I've seen on the case, seemed like absolutely the right call. Unfortunately too late for his reputation and, possibly, career.

http://www.startribune.com/local/181574761.html?refer=y
Just throwing it out there......If Hoffner wanted to coach the Johnnies, you'd have to think he'd be one of the most qualified candidates.

sfury

AO,
You, perhaps inadvertently, showed why he's probably finished. Reaction of any school's fans:

"That child porn guy! No way!"

"But he turned around a moribund program in Mankato and turned it into a national power and was completely exonerated of wrongdoing. Charges were dismissed and the judge in her ruling completely sided with him. This wasn't just about being freed on a technicality. He didn't do anything."

"Yeah, but child porn!"

Retired Old Rat

Quote from: AO on November 30, 2012, 03:30:27 PM
Quote from: sfury on November 30, 2012, 02:44:47 PM
Because this was discussed here, and you always here the charges but not always the dismissals...all charges against Mankato coach Todd Hoffner dismissed. Everything I've seen on the case, seemed like absolutely the right call. Unfortunately too late for his reputation and, possibly, career.

http://www.startribune.com/local/181574761.html?refer=y
Just throwing it out there......If Hoffner wanted to coach the Johnnies, you'd have to think he'd be one of the most qualified candidates.

I was wondering how long it would take for that to come up.

To state the obvious, given some of the unfortunate history at St. John, not a snowball's chance in hell.
   
National Champions: 1963, 1965, 1976, 2003

SUMMIT!!!!!

As Sfury said, that would be the reaction most places. St St John's I think the topic is even more sensitive than most other places, with the exception of Penn St. (as an SJP alum, I completely agree that SJU/SJP/SJ Abbey NEED to be extra-sensitive about the general topic)
After the game, the king and pawn go into the same box.

Italian proverb

tommiegun

The real villian in the whole case, in my opinion, is the annonymous IT nerd who couldn't tell the difference between child porn and run-of-the-mill family video.   

Pat Coleman

Quote from: tommiegun on November 30, 2012, 12:09:43 PM
Pat,

I realize this may seem like looking way too far in advance for a Tommie fan, but I'm not a player and not superstious so, what the heck, is it 100% etched in stone that the Stagg Bowl is being played on Friday night instead of the traditional Saturday noonish start? 

I ask becaue my wife's dumb work decided to schedule its dumb Christmas party on the 14th, and I need to start figuring out an exit strategy if the game (regardless of who is in it) is that night.

The Stagg Bowl is 100% etched in stone for Friday night, Dec. 14.
Publisher. Questions? Check our FAQ for D3f, D3h.
Quote from: old 40 on September 25, 2007, 08:23:57 PMLet's discuss (sports) in a positive way, sometimes kidding each other with no disrespect.

Pat Coleman

I mean, barring 20 inches of snow in the 24 hours preceding the event. Last time that happened the NCAA delayed the game a whole four hours. :)
Publisher. Questions? Check our FAQ for D3f, D3h.
Quote from: old 40 on September 25, 2007, 08:23:57 PMLet's discuss (sports) in a positive way, sometimes kidding each other with no disrespect.

Retired Old Rat

Quote from: tommiegun on November 30, 2012, 04:14:38 PM
The real villian in the whole case, in my opinion, is the annonymous IT nerd who couldn't tell the difference between child porn and run-of-the-mill family video.

Wrong.  He did exactly the right thing.  It's not his job to distinguish between the two.
   
National Champions: 1963, 1965, 1976, 2003

tommiegun

Quote from: Pat Coleman on November 30, 2012, 04:33:29 PM
Quote from: tommiegun on November 30, 2012, 12:09:43 PM
Pat,

I realize this may seem like looking way too far in advance for a Tommie fan, but I'm not a player and not superstious so, what the heck, is it 100% etched in stone that the Stagg Bowl is being played on Friday night instead of the traditional Saturday noonish start? 

I ask becaue my wife's dumb work decided to schedule its dumb Christmas party on the 14th, and I need to start figuring out an exit strategy if the game (regardless of who is in it) is that night.

The Stagg Bowl is 100% etched in stone for Friday night, Dec. 14.

Thanks,

*cough* I already feel like I may be coming down with something that requires me to stay in on the couch (if UST loses) or that can only be cured by a dose Tiffany's Sports Bar or Plum's Neighborhood Grill (if UST is still playing) on Dec. 14. around 6 p.m.

Retired Old Rat

Quote from: Pat Coleman on November 30, 2012, 04:33:29 PM
Quote from: tommiegun on November 30, 2012, 12:09:43 PM
Pat,

I realize this may seem like looking way too far in advance for a Tommie fan, but I'm not a player and not superstious so, what the heck, is it 100% etched in stone that the Stagg Bowl is being played on Friday night instead of the traditional Saturday noonish start? 

I ask becaue my wife's dumb work decided to schedule its dumb Christmas party on the 14th, and I need to start figuring out an exit strategy if the game (regardless of who is in it) is that night.
The Stagg Bowl is 100% etched in stone for Friday night, Dec. 14.

Do we know yet which ESPN the game will be on?  I was at a trade show in New York a couple of weeks ago and 50% of the people from Bristol must have been at the show.  I asked several of them if they could at least get the game back on ESPN2.   :D
   
National Champions: 1963, 1965, 1976, 2003

Pat Coleman

Publisher. Questions? Check our FAQ for D3f, D3h.
Quote from: old 40 on September 25, 2007, 08:23:57 PMLet's discuss (sports) in a positive way, sometimes kidding each other with no disrespect.

tommiegun


tommiegun

Tommies 28, Hobart 14.  Can't wait to listen to the melodic oratory of Dave Lee as I make a drive across southern Minnesota tomorrow.