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

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tigervixxxen

Optimism=Delusional
Jul 7, 2013
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Also keep in mind the DA's goal is to over charge to get leverage for plea bargains. He's not impartial.

Of course Avs management wants to believe Varly and they are not the FBI. But Roy was not saying Varly was absolutely innocent a week ago. Also the media has backed off roasting him. We have heard zero from Varly's side. Interesting indeed.
 

Bonzai12

Registered User
Nov 2, 2007
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Yeah this thing went from lots of noise to eery silent pretty quick, thats for sure. I think for both parties the strategy of playing this out in the media is a very bad one.

I wonder too if Varly will invoke his right to a speedy trial with the Olympics coming (or maybe he already has?)
 

tigervixxxen

Optimism=Delusional
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No way, the absolute last thing he wants is to go to trial and if it has to go to trial he wants to push it off as long as possible (plus the legal system moves exceptionally slow as it is). no matter what this is going to come down to money I believe. She is going to need money immediately, she can't wait a year for a trial and years for a civil suit to get through the system. Not to mention how expensive all that is.
 

Avs_19

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Jun 28, 2007
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No, the DA will only prosecute if Varly's girlfriend is going to continue to pursue charges against him.

If Varly really wanted out of this, he could settle with the gf on the civil suit, and have her not continue with her charges against him.

The DA isnt going to pursue charges against Varlamov if their alleged victim drops charges, and is unwilling to testify because of her settlement.

That's incorrect. It's a criminal case so only the DA can decide whether to charge him or not. They can't just settle this out of court and make it go away.
 

EdAVSfan

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That's incorrect. It's a criminal case so only the DA can decide whether to charge him or not. They can't just settle this out of court and make it go away.

That's not what I meant. In order fort he DA to proceed and have a case, they need cooperation from the alleged victim. If varly settles on the civil suit, he can do so with the stipulation that she will not testify in a court. Lots of out of court settlements occur to keep alleged victims quiet.

The DA can only do so much if their key witness is no longer involved if it ever went to trial.
 

Bonzai12

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I don't think she will refuse to testify due to possible implications it would have on her ability to get a future visa on the basis that she was a domestic violence victim (assuming she wants to stay in the US rather than go back to Russia).

If she wanted to obtain a U-Visa to buy some time for her to stay in the US, she would have to have a signed document from officials (can't remember if it's police or judicial) endorsing and affirming that she fully cooperated and assisted with the investigation.
 

Avs_19

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Jun 28, 2007
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That's not what I meant. In order fort he DA to proceed and have a case, they need cooperation from the alleged victim. If varly settles on the civil suit, he can do so with the stipulation that she will not testify in a court. Lots of out of court settlements occur to keep alleged victims quiet.

The DA can only do so much if their key witness is no longer involved if it ever went to trial.

Can't they just hold her in contempt of court and throw her in jail if she refuses? Maybe she can run off to Russia.....

Back to Varly though, would anyone really want this to play out like that? That he settles this out of court by paying her off and in exchange, she refuses to testify and goes back to Russia? That just makes him look guilty. I would hope that the legal system decides whether he's innocent or guilty. Either by not charging him, by eventually dropping the charges and clearing him, or by a jury finding him innocent.
 

zxcvnm

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Jun 19, 2013
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No, they can't.

Are you sure? From a cursory google search, it seems that at least in California, you cannot be imprisoned for not testifying but can be fined monetarily. Are you sure that Colorado law permits victims of domestic violence from not testifying if they are subpoenaed?

It's possible that Varlamov could reach a settlement that would include a provision that she would not testify, but considering how easy that would be to do in many cases to avoid criminal prosecution altogether, I'd be surprised if this was all perfectly legal. That's not to say it doesn't or can't happen, I'm just not convinced of its legality.

Of course, if you're a lawyer who has passed the bar in Colorado, I'll defer to your expertise.
 

Relaxedriley

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Mar 1, 2012
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Are you sure? From a cursory google search, it seems that at least in California, you cannot be imprisoned for not testifying but can be fined monetarily. Are you sure that Colorado law permits victims of domestic violence from not testifying if they are subpoenaed?

It's possible that Varlamov could reach a settlement that would include a provision that she would not testify, but considering how easy that would be to do in many cases to avoid criminal prosecution altogether, I'd be surprised if this was all perfectly legal. That's not to say it doesn't or can't happen, I'm just not convinced of its legality.

Of course, if you're a lawyer who has passed the bar in Colorado, I'll defer to your expertise.

I don't know about all that, but I dont see why she couldn't plead the fifth on anything relating to her sworn statement.
 

Relaxedriley

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What would her sworn statement have to do with self-incrimination?

I meant police statement. If she doesn't want to cooperate she can simply take the fifth on any questions about it. I assume a big league lawyer could win a case where the only witness gets on the stand and does that. The jury would assume she filed a false report.
 

SquishtheBoudreau

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I meant police statement. If she doesn't want to cooperate she can simply take the fifth on any questions about it. I assume a big league lawyer could win a case where the only witness gets on the stand and does that. The jury would assume she filed a false report.

Witnesses can be very sketchy for sure, you're usually not sure what you're going to get once they're on stand. Lawyers good at cross examination can rip a weak witness to shreds.
 

Relaxedriley

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What would her sworn statement have to do with self-incrimination?

I meant police statement. If she doesn't want to cooperate she can simply take the fifth on any questions about it. I assume a big league lawyer could win a case where the only witness gets on the stand and does that. The jury would assume she filed a false report.
 

zxcvnm

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I meant police statement. If she doesn't want to cooperate she can simply take the fifth on any questions about it. I assume a big league lawyer could win a case where the only witness gets on the stand and does that. The jury would assume she filed a false report.

It's sort of tangential, but I don't think she could if the DA wanted her to testify. Fifth amendment protects you from incriminating yourself not from being subpoenaed as a witness. I'm guessing that if she decides to change the story on the stand or lead the jury to believe that she filed a false police report, she can be charged with a crime herself. I think DAs usually drop cases when victims choose not to press charges because building the case without them is hard. At this point, I doubt that would be the case as quite a bit of evidence is easily available to them, including pictures of any bruising that might've been there, the police report and other subsequent interviews conveying the story. At this point, I don't know how much Varlamov would gain from buying her silence assuming he even could - although it may very well be the case that the DA's ability to prosecute will be substantially hurt if she becomes far less cooperative. Honestly, I'm not so sure how strong a case they will be able to build unless there is clear evidence of bruising consistent with the story at which point, I'm not sure why she'd want to not testify as she would win a civil settlement anyways and she's been pretty clear that she wants him behind bars.

As I said, I'm not a lawyer, so all this is based on a very limited understanding of how these things work.
 
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Relaxedriley

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It's sort of tangential, but I don't think she could if the DA wanted her to testify. Fifth amendment protects you from incriminating yourself not from being subpoenaed as a witness. I'm guessing that if she decides to change the story on the stand or lead the jury to believe that she filed a false police report, she can be charged with a crime herself. I think DAs usually drop cases when victims choose not to press charges because building the case without them is hard. At this point, I doubt that would be the case as quite a bit of evidence is easily available to them, including pictures of any bruising that might've been there, the police report and other subsequent interviews conveying the story. At this point, I don't know how much Varlamov would gain from buying her silence assuming he even could - although it may very well be the case that the DA's ability to prosecute will be substantially hurt if she becomes far less cooperative. Honestly, I'm not so sure how strong a case they will be able to build unless there is clear evidence of bruising consistent with the story at which point, I'm not sure why she'd want to not testify as she would win a civil settlement anyways and she's been pretty clear that she wants him behind bars.

As I said, I'm not a lawyer, so all this is based on a very limited understanding of how these things work.


I thought your original question was whether she could be forced to testify (after a settlement.) My point was that even if she could legally be forced to take the stand she could plead the fifth (yes subpoenaed witnesses can do this.) Guessing her motivations for taking a settlement would be pure speculation. (Weak case, trials take years and she needs $, whatever)
 

zxcvnm

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Jun 19, 2013
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I thought your original question was whether she could be forced to testify (after a settlement.) My point was that even if she could legally be forced to take the stand she could plead the fifth (yes subpoenaed witnesses can do this.) Guessing her motivations for taking a settlement would be pure speculation. (Weak case, trials take years and she needs $, whatever)

Subpoenaed witness can only plead the fifth if answering a question will incriminate themselves. Barring that, they must answer the question. I don't see how she would be incriminating herself if a prosecutor asks her what happened the night of alleged beating. As a result, if she was forced to testify, she would have to answer the question.

At this point, this has gotten pretty far OT. I don't think this needs to be discussed further.
 

Zih

Dater's Gonna Hate
Dec 19, 2008
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Colorado
That's not what I meant. In order fort he DA to proceed and have a case, they need cooperation from the alleged victim.

Not really. The domestic abuse case I was a juror for had the girlfriend as the primary witness for the defense. She basically recanted everything she said in the police report, said the fight was her fault, that she exaggerated on the police report, etc. The defense's case was basically "the girlfriend is a big fat liar." The girlfriend had low self-esteem and stuck with the guy and did everything she could (including probably perjuring herself) to stop him from getting convicted. It didn't matter, the prosecution had the police report and photos of her injuries that showed very clearly that he did exactly what she originally said he did. We found him guilty.

Curiously, in that case the assault charge was only a misdemeanor as well, but the DA tacked on a felony due to it being a domestic abuse case. I think the charge was called Menacing. That might have just been because he threatened to light her on fire, but the judge made it seem like a special domestic abuse charge.
 

TippinOn44s

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Oct 8, 2013
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Subpoenaed witness can only plead the fifth if answering a question will incriminate themselves. Barring that, they must answer the question. I don't see how she would be incriminating herself if a prosecutor asks her what happened the night of alleged beating. As a result, if she was forced to testify, she would have to answer the question.

At this point, this has gotten pretty far OT. I don't think this needs to be discussed further.

If her original report was false, could she not plead the fifth to avoid incriminating herself to that charge?
 

Relaxedriley

Slightly Sober
Mar 1, 2012
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Not really. The domestic abuse case I was a juror for had the girlfriend as the primary witness for the defense. She basically recanted everything she said in the police report, said the fight was her fault, that she exaggerated on the police report, etc. The defense's case was basically "the girlfriend is a big fat liar." The girlfriend had low self-esteem and stuck with the guy and did everything she could (including probably perjuring herself) to stop him from getting convicted. It didn't matter, the prosecution had the police report and photos of her injuries that showed very clearly that he did exactly what she originally said he did. We found him guilty.

Curiously, in that case the assault charge was only a misdemeanor as well, but the DA tacked on a felony due to it being a domestic abuse case. I think the charge was called Menacing. That might have just been because he threatened to light her on fire, but the judge made it seem like a special domestic abuse charge.

These two cases are completely different. She filed charges days later and the police only noted two bruises. If the hospital records are consistent with her story Varly will be convicted and no one will feel sorry for him. If they are not consistent he will probably get off, most people will always see him as a monster, and she will file a civil case.
 

Bonzai12

Registered User
Nov 2, 2007
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These two cases are completely different. She filed charges days later and the police only noted two bruises. If the hospital records are consistent with her story Varly will be convicted and no one will feel sorry for him. If they are not consistent he will probably get off, most people will always see him as a monster, and she will file a civil case.

huh?

I don't think he was comparing the content of the cases. He was comparing the process and the role of the witness and/or victim, and explaining how a case becomes the state vs. the defendant rather than the victim vs. defendant. Once the DA gets the case and proceeds with it, he is throwing everything at the defendant regardless of whether the victim wants to participate or not.
 
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