Denver Post: The Varlamov Investigation: Part II *Read the MOD WARNING in post #1*

[Foppa2118]

It's so silly how some people let their poorly thought out emotional reasoning drive their opinions on matters. IF Varly turns out to be innocent, why should the Avs keep him away from the team?

All these simple minded journalists are gonna look like idiots with their "I know he's innocent until proven guilty, but someone says he's guilty so lets treat him as such" routine, if that ends up being the case.

Until this gets sorted, maybe they should try writing articles that have some level of critical thinking behind them.

 

[Foppa2118]

Here's my response to Burnside, but I don't feel like putting it in my actual name:

Good rebuttal, and you hit the nail on the head why his example of police officers and teachers are completely ridiculous. They would be returning among the people they are accused of abusing. In no way is that comparable to Varly stopping pucks against men in NHL games.

This is the kind of poorly thought out emotional reasoning I was referring too. IF Varly turns out to be innocent, are all these emotional journalists gonna go out and write articles on how Varly's accuser, and everyone like her sets things back for women who are actually abused by men, every time they make up these allegations? How it wastes the time of loads of people, hurts families, livelihoods, wastes tax dollars, and makes it tougher for real cases of violence on women to be proven?

Any of them gonna devote the same level of emotion, or time to that subject? Or just go about their business whistling into the wind with no idea how simple minded and reactionary they are?

 

[henchman21]

Quite simply the PR is working for the victim. Now her allegations could be proven true, but swaying public opinion was the purpose of going on a press tour and it has worked for the most part.

It is a good thing the judicial system allows things to play out and that allegations have to be proven. The system isn't perfect and some things slip through the cracks, but overall it works pretty well.

 

[a mangy Meowth]

Burnside is an ill-informed moron with **** for brains anyways. Not like he's someone whose opinion matters at all or is cared about by anyone lol

That said, damn a lot of people have no respect for our justice system. Makes my stomach turn because these are the people we call for jury duty.

 

[a mangy Meowth]

As an aside, I cannot ****ing stand what journalism has become these days. Every time I go on one of these major news pages, they've chosen a picture of Varlamov (as someone who has seen him with a smile, and with just a straight face) that just paints him even more as an angry person. They always pick in game pictures of him when he's drinking out of his water bottle or something that look really sinister and angry. It's just more sensationalism and it makes me ill. They don't even use his mugshot anymore because he doesn't look very guilty in it lol

 

[The Mars Volchenkov]

That's a horrible article, and I love that the comments section is ripping it to shreds, including a lawyer.

 

[Bonzai12]

I have to admit I was bothered by the "So when will Varly be able to play again" comments immediately after the arrest, but from a legal point of view - he has every right to be out there playing for the Avs right now. No formal charges yet. It's not even questionable in my mind that he should play.

Could you imagine if every player was suspended that was arrested on suspicion of crimes? Before the Stanley Cup Finals you'd have people accusing everyone on the other team of false charges.

 

[Avs44]

That's a horrible article, and I love that the comments section is ripping it to shreds, including a lawyer.

The best comment was the one that noted that the little box that showed Varlamov's stats is completely wrong.

Oh and by the way, those arent even Varly's stats. They are of the backup. You would think he would fact check his own article a little bit too...

 

[Avs44]

I shudder to think that some of the people commenting on this situation are eligible for jury duty.

 

[Bonzai12]

Now her allegations could be proven true, but swaying public opinion was the purpose of going on a press tour and it has worked for the most part.

Honestly I think the press tour was for quick money

 

[SB]

Anyone heard a peep out of her or lawyer since last week?

 

[tucker3434]

I have to admit I was bothered by the "So when will Varly be able to play again" comments immediately after the arrest, but from a legal point of view - he has every right to be out there playing for the Avs right now. No formal charges yet. It's not even questionable in my mind that he should play.

Could you imagine if every player was suspended that was arrested on suspicion of crimes? Before the Stanley Cup Finals you'd have people accusing everyone on the other team of false charges.

Yeah, I believe in most states an arrest HAS to be made in the even of a domestic abuse call. There is no discretion on behalf of the officer. There seemed to be a lot of people saying that there had to be a reasonable amount of evidence because there was an arrest. I don't believe that is necessarily the case with these. We'll see how it all turns out, but I support the handling of it on the Avs side so far.

 

[TheStranger]

Yeah, I believe in most states an arrest HAS to be made in the even of a domestic abuse call. There is no discretion on behalf of the officer. There seemed to be a lot of people saying that there had to be a reasonable amount of evidence because there was an arrest. I don't believe that is necessarily the case with these. We'll see how it all turns out, but I support the handling of it on the Avs side so far.

I bring back my story.

Cops were called to our house by my mother, as my dad and I were having a shouting/wrestling match. (Alcohol was involved). When the cops showed up, and we had already cooled down, the older cop asked if everything was okay, and the younger cop pipes up saying "Someone is going to jail tonight". Older cop took him outside and told him to calm his **** down, but basically when there is a domestic call, procedure is for someone to leave the residence in hand cuffs. When it's a man and a woman, guaranteed it's going to be the man 9/10 times. Luckily everything worked out okay for us with a senior cop that knew that wasn't necessary.

 

[Bonzai12]

Yeah, I believe in most states an arrest HAS to be made in the even of a domestic abuse call. There is no discretion on behalf of the officer. There seemed to be a lot of people saying that there had to be a reasonable amount of evidence because there was an arrest. I don't believe that is necessarily the case with these. We'll see how it all turns out, but I support the handling of it on the Avs side so far.

You're 100% correct according to this article
http://www.avvo.com/legal-guides/ugc/8-things-to-know-about-domestic-violence-cases-in-colorado

 

[stator]

If her domestic violence charge is flimsy at best, fabricated at worse, and if she's losing the attention of the GJ or DA, her lawyer will tactically retreat from criminal prosecution. This is because losing a criminal trial will jeopardize the civil suit that will come. So we can watch the outcome in the next week or so and see where this is going.

She needs either the civil suit or enough favorable publicity (i.e. negative publicity for Varlamov) for a settlement. I anticipate her lawyer will be arguing for the usual stuff:

1- percentage of his current contract
2- percentage of current assets.
3- alimony payment for X amount of years.
4- percentage of his retirement benefits earned and to be earned.

Her lawyer will say that it was her love and relationship regardless of their marital status (not being married) that contributed greatly to Varlamov to make it in the NHL; and she should rightfully have a percentage of that.

The DV charge is the only way for her to get out of the restricted VISA she likely has and go straight to a green card as federal law allows. I wonder if either an arrest or conviction is required by federal law.

If the qualifying factor is only an arrest, she's already qualified for the green card. Then expect her lawyer to press on the publicity for a settlement from Varlamov without a civil suit. I wonder if the lawyer has a contingency arrangement with the GF.

You guys have to admit this all sounds familiar. It's a time honored American tradition when it comes to divorces, whether it is married or common-law partners.

 

[RockLobster]

If her domestic violence charge is flimsy at best, fabricated at worse, and if she's losing the attention of the GJ or DA, her lawyer will tactically retreat from criminal prosecution. This is because losing a criminal trial will jeopardize the civil suit that will come. So we can watch the outcome in the next week or so and see where this is going.

She needs either the civil suit or enough favorable publicity (i.e. negative publicity for Varlamov) for a settlement. I anticipate her lawyer will be arguing for the usual stuff:

1- percentage of his current contract
2- percentage of current assets.
3- alimony payment for X amount of years.
4- percentage of his retirement benefits earned and to be earned.

Her lawyer will say that it was her love and relationship that contributed greatly to Varlamov to make it in the NHL; and she should rightfully have a percentage of that.

The DV charge is the only way for her to get out of the restricted VISA she likely has and go straight to a green card as federal law allows. I wonder if either an arrest or conviction is required by federal law.

They're not married, how can she get any of those items you listed?

Also her lawyer can try and say that it was "her love and relationship..." in regards to Varlamov making it in the NHL, but it would be quite the lie. They've only been dating for a year, Varlamov had been playing in the NHL long before they started dating.

 

[Sheet]

Burnside... At least the vast majority of commenters see this for what it is.

 

[Sheet]

If her domestic violence charge is flimsy at best, fabricated at worse, and if she's losing the attention of the GJ or DA, her lawyer will tactically retreat from criminal prosecution. This is because losing a criminal trial will jeopardize the civil suit that will come. So we can watch the outcome in the next week or so and see where this is going.

She needs either the civil suit or enough favorable publicity (i.e. negative publicity for Varlamov) for a settlement. I anticipate her lawyer will be arguing for the usual stuff:

1- percentage of his current contract
2- percentage of current assets.
3- alimony payment for X amount of years.
4- percentage of his retirement benefits earned and to be earned.

Her lawyer will say that it was her love and relationship regardless of their marital status (not being married) that contributed greatly to Varlamov to make it in the NHL; and she should rightfully have a percentage of that.

The DV charge is the only way for her to get out of the restricted VISA she likely has and go straight to a green card as federal law allows. I wonder if either an arrest or conviction is required by federal law.

If the qualifying factor is only an arrest, she's already qualified for the green card. Then expect her lawyer to press on the publicity for a settlement from Varlamov without a civil suit. I wonder if the lawyer has a contingency arrangement with the GF.

You guys have to admit this all sounds familiar. It's a time honored American tradition when it comes to divorces, whether it is married or common-law partners.

Wait.. I have to pay alimony if me and my girlfriend break up? #$&#. Time to change tonights plan.

You're mostly right even though you're clearly lacking like the easiest to find details.

If the criminal case tanks, if I'm Varly's counsel, I'm probably expecting a civil trial. When the civil trial comes, I'm countering with slander/libel for the total of one dollar and legal fees.

 

[henchman21]

Wait.. I have to pay alimony if me and my girlfriend break up? #$&#.

If the state has common law marriage, it is possible.

 

[tucker3434]

Wait.. I have to pay alimony if me and my girlfriend break up? #$&#. Time to change tonights plan.

You're mostly right even though you're clearly lacking like the easiest to find details.

If the criminal case tanks, if I'm Varly's counsel, I'm probably expecting a civil trial. When the civil trial comes, I'm countering with slander/libel for the total of one dollar and legal fees.

To be honest, if the criminal trial falls apart, his best option will probably be to settle his thing for an undisclosed amount and tack a gag order onto the settlement. Just make it go away. It really sucks if he's completely innocent (which I kinda doubt anyway), but it's better than dragging this ugly mess into e court system for years.

 

[Sheet]

To be honest, if the criminal trial falls apart, his best option will probably be to settle his thing for an undisclosed amount and tack a gag order onto the settlement. Just make it go away. It really sucks if he's completely innocent (which I kinda doubt anyway), but it's better than dragging this ugly mess into e court system for years.

Which is exactly what this litigation lawyer is going to expect him to do. Just try to make it go away. Her counsel isn't exactly top shelf, and I bet you right now if Varly puts his legal team together wisely and comes back with teeth, this go's away without him paying a cent, almost certainly, and clears his name completely. I don't know the details. If there's a good bit of guilt on his behalf, just not enough to convict, yeah pay out and go away quietly.. If it was mostly fabricated **** though? No one should meekly accept punishment just because it'd make it go away faster when they didn't do it.

This isn't a presumption of innocence before I get crucified.. If he's guilty, I'll put him in a gulag myself.

If the state has common law marriage, it is possible.

I know. Common law doesn't come close to applying in this situation though, about Varly that is. Common Law here in NY is 7 years (I think). I'm breaking up with and kicking out whoever I'm with every 6 years for a few weeks.

 

[tigervixxxen]

What sense does it make fer her rent-a-lawyer to take the case to a civil trial years from now? She needs money right now regardless of what really happened. I think ultimately that is going to become a motivating factor.

 

[Bonzai12]

What sense does it make fer her rent-a-lawyer to take the case to a civil trial years from now? She needs money right now regardless of what really happened. I think ultimately that is going to become a motivating factor.

Because if she can remain in the United States on a U-Visa for three years (a U-Visa is for assisting with a domestic violence case) she receives a green card.

Not sure that the U-Visa applies to a civil case though. Most likely only for a criminal case, but it's cause for her to extend this out nevertheless.

 

[Avs_19]

Varlamov was asked after practice Tuesday if he was confident his name will be cleared eventually.

"Yeah, for sure," Varlamov said. "Life is life. I'm just happy I have the support of my teammates and this organization."

The case remains in the hands of the Denver district attorney, with a decision on whether or not to file formal charges expected within a couple weeks.

http://www.denverpost.com/avalanche/ci_24458969/semyon-varlamov-start-again-avalance?source=rss&utm_source=dlvr.it&utm_medium=twitter

 

[Mant*]

They're not married, how can she get any of those items you listed?

Also her lawyer can try and say that it was "her love and relationship..." in regards to Varlamov making it in the NHL, but it would be quite the lie. They've only been dating for a year, Varlamov had been playing in the NHL long before they started dating.

And common law marriage in Colorado isn't just an automatic thing. Just living with your girlfriend/boyfriend for a certain amount of time isn't enough for it to be a common law marriage, regardless of what some people think.