Thursday, September 11, 2014

Michael Cardoza: 'Charges Will Be Filed Against 49ers Player, Ray McDonald';

 Michael Cardoza is a noted criminal defense attorney and former prosecutor. You've probably seen him on TV as he's done a lot of legal analysis for CNN, Fox, and KTVU, here locally.

Cardoza didn't just walk in off the street--he's been practicing law for over 40 years and knows his stuff.

I asked him about Ray McDonald, the 49ers lineman, who was arrested recently but has yet to be charged.

Cardoza told me directly that McDonald would be charged even though there's a perception from some, rightly or wrongly, that the Santa Clara County DA's office is thought to be lenient.

"The real question, will he be charged because there is enough evidence or because of the national spotlight on domestic violence despite lack of evidence", says Cardoza.

So, I asked him further, Will the Ray Rice case have an impact on the DA's decision? "Absolutely, it will--expect to see him, (McDonald), in a criminal court."


Cardoza's prediction is significant only because there's been a noticeable lack of news regarding McDonald's legal status. The DA, I assume, when it gets the case, will interview witnesses and, presumably, talk to police and examine the evidence.


We'll know soon enough.
Updated/Edited: 5: 29 AM 9-13-14






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19 comments:

  1. Don't keep your hopes up.
    The DA in Santa Clara County is too timid to take on the 49ers.
    Same goes for all the judges down there.
    Looking for a weak criminal justice system?
    Look no further than Santa Clara Co.
    Unbelievable!

    ReplyDelete
    Replies
    1. You're obviously a dummy. Everyone knows Santa Clara county has the most aggressive DA in the Bay Area. Charges will be filed. Guaranteed!

      Delete
    2. Absolutely agree that Santa Clara County DA's office has the reputation for being excessively aggressive.

      I can understand how Anon@10:16 might not know that but I'm sure Michael Cardoza does. Did Cardoza actually say the SC County DA's office is lenient?

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    3. to Anon 10:16
      Huh? Any examples?

      Delete
    4. I know from experience, SCC is tough. They don't play around and everyone who's been in trouble knows it.

      Delete
  2. McDonald should be in prison right now.
    And 49er owner Jeb York will look the other way and let him keep playing every Sunday.

    ReplyDelete
  3. Trying a weak case just to keep up appearances is a waste of tax dollars. If the case is reasonable, hold his feet to the fire, otherwise, let it go.

    ReplyDelete
  4. McDonald picked the wrong time to grab her arm too tight.

    ReplyDelete
    Replies
    1. An arm bruise can be something, or less than something(Mirkarimi). Neck bruises,however, are indicia of something much more serious,even attempted murder via strangulation.

      Delete
  5. The Santa Clara County DA is not known to be lenient, just the opposite. Local criminal defense lawyers all know that. It is unlikely that Michael Cardoza stated point blank that Santa Clara County DA Jeff Rosen is "known to be lenient."

    ReplyDelete
    Replies
    1. I said they're lenient, not Cardoza --based on previous high-profile cases, I'm right. Check past 49ers/history.

      I don't know Rosen, the new guy.--maybe he's the opposite, we'll see.

      Delete
    2. Jeff Rosen is not "the new guy." He's been in office for almost four years.

      Cardoza would never say that that Santa Clara County DA's office is "known to be lenient." That may be Mr. Lieberman's opinion but no one in the legal community would agree.

      Delete
    3. Rich, I'm a fan of yours but, please mind your journalistic practices. When you write: "Cardoza told me directly that McDonald would be charged even though the Santa Clara County DA's office is thought to be lenient."

      -that certainly implies it was Cordoza's thoughts that the DA is lenient. I'm betting every reader would assume this. Please be clearer when interjecting your opinions in with others.

      Delete
  6. That's a pretty bold prediction by Cardoza since conventional thinking is the 49ers have already vetted the matter and are allowing McDonald to play because they feel confident multiple eyewitnesses will depose McDonald did not physically abuse her..

    ReplyDelete
    Replies
    1. Didn't they do the same thing with Alton Smith.

      Jesus, some of you people are so dense.

      Delete
  7. Look, prosecutors are a nutty, neurotic, bunch. And I know that prosecutors file charges not based on guilty or innocent- that's the last criteria. They go by A: Most likely to make look guilty. B: who they charge that has some -but not much- money.and they can therefore extort into a guilty plea of no time,etc, to avoid a costly trial and lawyer fee's. Happens all the time. C: If they are wealthy and the case is flimsy? Prosecutors avoid charging at all cost- it makes them look bad to spend money and have a great attorney run rings around them. D: The famous: IF it can make the prosecutor a name- he goes for it. IF,that name brings much money to the community (think the Raiders coach who assaulted the assistant coaches head through a wall) THEN they suddenly see things the defendants way-lol.
    All in all? Its money and winning based...guilty or innocent doesn't matter.
    Its why Polices are no longer charged with murder. Make a 13 year old into target practice?...no charges. Prosecutors blame the boy! "He smoked weed!.he had a toy gun!"
    Of course- execute him!
    A bonus from Stan on real life.

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  8. He must be guilty if he was arrested. Kick him out of football, ruin his career. Then if he isn't charged or found guilty it is because he is a celebrity and he had a good lawyer. He's a thug football player with tattoos for god's sake, horrible role model! Lock him up and throw away the key.

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    Replies
    1. If parents ask their kids to look at pro athletes as role models they have failed as parents.

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  9. What is it with the NFL having an epidemic of their players hitting women anyway? I guess it's been going on for awhile but in a league that is the most popular in American sports, why aren't fans getting upset about it and boycotting the games? It's gotten out of hand and it seems as if every team has at least 1 or 2 players who engage in physically bashing women, one of the most cowardly things to do imaginable. Now we've got Vike's running back star Adrian Peterson facing charges that he beat his four year old son with a stick. And apparently, Peterson said: "That's how my dad used to disipline me!" That's really sad if that's true, but it's not a surprise as abused kids later become abusers. Peterson needs some serious therapy!

    ReplyDelete