bullgator
Senior Member
Like the ones that attacked the waitress
Welcome Guest!
Meyer out at OSU???!!!!
- Thread starter ddgarcia
- Start date
DannyW
Senior Member
I think Urban is in deep trouble. And the sad part is that most of the focus, both here and in the national media, is on Meyer not telling rather than the actual abuse by Zack Smith himself.
That speaks volumes.
That speaks volumes.
Miguel Cervantes
Jedi Master
IF the abuse by ZS were "Actual" Why wasn't he charged with a crime? The investigation was done, is long been done and is a closed case and no charges were filed. No crime was committed.
I assure you, this has nothing to do with ZS and everything to do with ruining Meyers career and ever keep him from coaching anything ever again, even little league. Urban done ticked off the wrong high level thug with deep pockets and long arms.
ddgarcia
Mr Non-Libertaw Got To Be Done My Way
Crimes happen every day by people that are not charged. Does the name Hillary Clinton ring a bell????!!!!
Miguel Cervantes
Jedi Master
There is a space the size of the grand canyon between the global elitist commie politicians like Hitlary and the common Joe on the ground level. Your comparison is equivalent to that of a watermelon and a grape.Crimes happen every day by people that are not charged. Does the name Hillary Clinton ring a bell????!!!!
ddgarcia
Mr Non-Libertaw Got To Be Done My Way
Football programs at MAJOR Universities are no different and you know it. Add to that that Zach is the grandson of Earl Bruce whom Urban has referred to as a "Second Father" and now you've added a "family" connection.
This. ^ Football is a male, contact sport. It represents everything about the virile American male that needs to be destroyed so the left can turn men into eunuchs. Anybody that is a success in football is a target. For that matter, any male that is a success at any manly pursuit is a target.
ddgarcia
Mr Non-Libertaw Got To Be Done My Way
Well when you paint a target the size of the sun on your back, as it appears Urban has, you kind of have to expect it don't you?
Now I would be willing to bet had #MeToo been around in '15 when this latest incident happened I would be willing to bet that ZS would have been gone and we wouldn't be having this discussion. Urban will just be another victim of the changing political environment around us
Now I would be willing to bet had #MeToo been around in '15 when this latest incident happened I would be willing to bet that ZS would have been gone and we wouldn't be having this discussion. Urban will just be another victim of the changing political environment around us
mguthrie
**# 1 Fan**OHIO STATE**
Madsnooker
Senior Member
Well now it looks like Brett mcmurphy has been caught changing his initial Facebook posts from before Big media days trying to frame Meyer to prove he lied. Apparently he has edited his original post 7 or 8 times after Big media days.
Very interesting to say the least???
Very interesting to say the least???
DannyW
Senior Member
Exactly Miguel...that's sort of what I was trying to say. Except I don't think it's a revenge kind of thing for something he has done. It's a dog eat dog world, and I think the real motivation of most of the people who want Meyer gone is that with him out of the way, the road to the national championship just got a little easier for their own team.
mguthrie
**# 1 Fan**OHIO STATE**
Miguel Cervantes
Jedi Master
Not hardly.Nick Saban?
Phat Phil Fulmer is another topic all together. He is the most meddling vindictive window licking mouth breathing inbred thug in the entire organization of College Sports. I don't put anything past that pasty white dried up glob of bluetick hound excrement.
DannyW
Senior Member
Who's team would that be?
LOL...
For what its worth I am not an OSU fan, nor do I have a problem with OSU...you might say I am OSU neutral. But I do think Meyer is being denied the protection of two very important American legal concepts because this whole thing is being tried in the media instead of the court system...presumption of innocence and due process.
ddgarcia
Mr Non-Libertaw Got To Be Done My Way
Unfortunately for Urban he has a history of trying to sweep things under the rug and downplaying the severity of events surrounding his programs that has eroded his credibility on THIS issue. Add to that Zach's prior arrest in '09 that all parties admit to and the #MeToo stuff and he has found himself in a "perfect carp storm".
Make no mistake he WILL get due process but even if he is found innocent of any wrongdoing the stench of this and other past indiscretions his reputation will be tainted forever, right or wrong, but he WILL ALSO coach again somewhere if he chooses because his IS a WINNER above all else.
Make no mistake he WILL get due process but even if he is found innocent of any wrongdoing the stench of this and other past indiscretions his reputation will be tainted forever, right or wrong, but he WILL ALSO coach again somewhere if he chooses because his IS a WINNER above all else.
Madsnooker
Senior Member
Below is a copy and paste from another site but sheds light on a journalist sensationilizing a story it appears? Again, we could find out Meyer is fired at anytime? There are just so many things not adding up. Long read but very insightful on Mcmurphy editing his reporting as events change. This will turn out very bad for him if this is in fact true?
Cross-Post from r/CFB -- A Lawyer's Deep Dive Into Brett McMurphy's Reporting on OSU/Meyer -- Screenshots Show McMurphy Has Been Editing His Reports on Facebook AFTER B1G Media Day to Walk Back Grossly Inaccurate Reporting
r/CFB Link Here: Edit: my post has been removed from r/CFB for some unknown reason. If anyone can help troubleshoot or advise why that happened then I would appreciate it.
Edited to Update -- I Have Parts of the Police Reports
See below. I have edited this post accordingly, and admitting straight out that I am eating some crow -- the one report does (erroneously, I believe) list felony domestic violence. BUT, neither report references an arrest in the boxes checked that McMurphy describes. I have no idea where McMurphy got this info regarding an "arrest." McMurphy should release his paper trial.
I have also edited to add McMurphy's "correction" on 08/01/2018 due to some journalists citing it. This same correction appeared in his 07/30/2018 post and I referenced it in my original post (although I didn't screen shot it). But more importantly, this was a week after Meyer's press conference, and this redaction is inaccurate. There was no report indicating "arrest."
Original Report: Report Recently Provided: Contrary to McMurphy's "redaction" indicating one box was checked arrest, neither report checks an arrest box.
Introduction
This is long, so here is the lede: Brett McMurphy's pre-B1G media day reports contained grossly incorrect facts. He has quietly backtracked on those stories via Facebook edits (rather than the usual journalistic correction/redaction) after Meyer's press conference at B1G media day. In sum, he has gone from "arrested on felony counts of domestic violence" to "arrested" to "investigated and arrested" to "investigated" to "allegations" -- all without issuing any traditional redaction until 07/30/2018 (or six days after Meyer's press conference).And now Ohio State is in a PR nightmare in part because they are dealing with a moving target.
Note: This is not a defense of Meyer and why he said what he didn't say (although it does provide plausibility). This is about breach of journalistic protocol. I do not believe Brett McMurphy has any malice toward Meyer/OSU, but I can't for the life of me understand his lack of providing retractions/corrections in accordance with industry standards.
***
By way of introduction, I am a practicing attorney in Ohio. I have a wide civil litigation practice, but I do handle domestic and employment issues, and I also serve as a public defender.
I point out that I am a licensed attorney because I am well aware that what follows seems comparable to analysis of the Zapruder film.
This post has nothing to do with the victim, nor am I sticking up for Zach Smith -- at the least, the guy seems like a troubled guy with substance abuse problems from everything I've heard. Instead, this has everything to do with the erroneous initial reports by Brett McMurphy. Nuance matters with the law -- I've lost a case on whether the word "and" was exclusive or representative (i.e., was it the end of the list, or was the list just a set of examples?). Based on my review of the evidence and Brett McMurphy's reports, I'm fairly certain he butchered legal nuances and basic facts, and he absolutely ignored any sense of journalistic protocol or integrity.
***
Pre-B1G Media Day Reports
Brett McMurphy posted his initial report regarding Zach Smith on 07/23/2018 at 8:05 AM (see Attachment 1). This report involved the Courtney Smith’s recently filed Civil Protection Order (CPO) against Zach Smith. McMurphy’s report made no mention of an alleged felonious assault, an arrest, or felony counts of domestic violence.
Attachment 1: McMurphy edited his post on 07/23/2018 at 2:17 PM (see Attachment 2) and again did not reference anything regarding a felonious assault, an arrest, or felony counts of domestic violence.
Attachment 2: Brett McMurphy then posted on 07/23/2018 at 5:54 PM (see Attachment 3). This is the post regarding an alleged second incident involving Smith, and this is the report that led to Smith getting fired. This report states that Smith "was arrested" Oct. 26, 2015 on "felony counts of domestic violence and felonious assault against Courtney Smith."
Attachment 3: https://imgur.com/S2xvBag
This post was edited on 07/23/2018 at 7:51 PM (see Attachment 4) and again on 07/23/2018 at 7:56 PM (see Attachment 5). All of these pre-B1G media da edits referenced Zach Smith being "arrested"for "felony counts of domestic violence and felonious assault." As I'll get to later, McMurphy edited this report on Facebook again after Meyer's press conference.
Attachment 4: https://imgur.com/jCP7xTb
Attachment 5: https://imgur.com/rYjxvyb
Meyer's Press Conference (07/24/2018)
So Meyer gave his now infamous press conference on 07/24/2018. McMurphy’s report at this time (see above) is that Zach Smith was "arrested" for "felony counts of domestic violence and felonious assault against Courtney Smith." In response to a question about that report, Urban stated: "I got a text late (Monday) night (about a report) something happened in 2015. And there was nothing. Once again, there's nothing – once again, I don't know who creates a story like that.”
I'm now going to bludgeon this dead horse with a baseball bat here: McMurphy's report prior to B1G media day states that Smith was "arrested" for "felony counts of domestic violence and felonious assault."
As McMurphy's own edits after B1G media day show, this was factually incorrect. But to top that off, and as I'll explain later, this was a a legal impossibility.
McMurphy's Edits and Reports After B1G Media Day
McMurphy Edits His 07/23/2018 Post
McMurphy then edited this 07/23/2018 Facebook post on 07/25/2018 at 2:00 PM, or about 26 hours after Meyer's press conference (see Attachment 6). This revision again states "arrested."
McMurphy edited this post again on 07/30/2018 at 5:31 PM (see Attachment 7). It is not until this 07/30/2018 at 5:31 PM that McMurphy walks back that Zach Smith was arrested. This revision -- six days after Meyer's press conference -- completely omits that Smith was arrested, and instead says "investigated." McMurphy also adds the line: "The original police report, from 2015, indicated Zach Smith was arrested. The police report released to the media on Tuesday says Smith was not arrested."
As I noted at the top of my edit, this "redaction" is not even accurate -- neither police report checked the "arrest" box. Unless McMurphy has a third one, I don't know where he got this from.
In terms of timeline, prior to B1G media day, McMurphy's report stated Smith was arrested; six days after B1G media day, McMurphy edited his report walking that allegation back without issuing a correction.
Attachment 6: https://imgur.com/RfsiqMD
Attachment 7: https://imgur.com/zCFIo04
McMurphy Creates and Edits an 07/24/2018 Facebook Post
In between editing the above post, and shortly after Meyer's press conference, McMurphy made another Facebook post to add details regarding Meyer's press conference. The original version of this post by McMurphy was on 07/24/2018 at 6:54 PM (see Attachment 8). This version of the post -- after Meyer's press conference -- states that Smith was "arrested and investigated." This report further no longer refers to the investigation as "felony domestic violence." McMurphy edited this post again on 07/30/2018 at 5:33 PM and 10:00 PM (see Attachments 9 and 10). This is six days after Meyer's press conference. Attachment 9 (07/30/2018 at 5:33 PM) states that Smith was "arrested and investigated." Attachment 10 (07/30/2018 at 10:00 PM) instead just **says "investigated.**"
Attachment 8: https://imgur.com/vUKU1he
Attachment 9: https://imgur.com/ASta7QO
Attachment 10: https://imgur.com/5VFcWeC
Cross-Post from r/CFB -- A Lawyer's Deep Dive Into Brett McMurphy's Reporting on OSU/Meyer -- Screenshots Show McMurphy Has Been Editing His Reports on Facebook AFTER B1G Media Day to Walk Back Grossly Inaccurate Reporting
r/CFB Link Here: Edit: my post has been removed from r/CFB for some unknown reason. If anyone can help troubleshoot or advise why that happened then I would appreciate it.
Edited to Update -- I Have Parts of the Police Reports
See below. I have edited this post accordingly, and admitting straight out that I am eating some crow -- the one report does (erroneously, I believe) list felony domestic violence. BUT, neither report references an arrest in the boxes checked that McMurphy describes. I have no idea where McMurphy got this info regarding an "arrest." McMurphy should release his paper trial.
I have also edited to add McMurphy's "correction" on 08/01/2018 due to some journalists citing it. This same correction appeared in his 07/30/2018 post and I referenced it in my original post (although I didn't screen shot it). But more importantly, this was a week after Meyer's press conference, and this redaction is inaccurate. There was no report indicating "arrest."
Original Report: Report Recently Provided: Contrary to McMurphy's "redaction" indicating one box was checked arrest, neither report checks an arrest box.
Introduction
This is long, so here is the lede: Brett McMurphy's pre-B1G media day reports contained grossly incorrect facts. He has quietly backtracked on those stories via Facebook edits (rather than the usual journalistic correction/redaction) after Meyer's press conference at B1G media day. In sum, he has gone from "arrested on felony counts of domestic violence" to "arrested" to "investigated and arrested" to "investigated" to "allegations" -- all without issuing any traditional redaction until 07/30/2018 (or six days after Meyer's press conference).And now Ohio State is in a PR nightmare in part because they are dealing with a moving target.
Note: This is not a defense of Meyer and why he said what he didn't say (although it does provide plausibility). This is about breach of journalistic protocol. I do not believe Brett McMurphy has any malice toward Meyer/OSU, but I can't for the life of me understand his lack of providing retractions/corrections in accordance with industry standards.
***
By way of introduction, I am a practicing attorney in Ohio. I have a wide civil litigation practice, but I do handle domestic and employment issues, and I also serve as a public defender.
I point out that I am a licensed attorney because I am well aware that what follows seems comparable to analysis of the Zapruder film.
This post has nothing to do with the victim, nor am I sticking up for Zach Smith -- at the least, the guy seems like a troubled guy with substance abuse problems from everything I've heard. Instead, this has everything to do with the erroneous initial reports by Brett McMurphy. Nuance matters with the law -- I've lost a case on whether the word "and" was exclusive or representative (i.e., was it the end of the list, or was the list just a set of examples?). Based on my review of the evidence and Brett McMurphy's reports, I'm fairly certain he butchered legal nuances and basic facts, and he absolutely ignored any sense of journalistic protocol or integrity.
***
Pre-B1G Media Day Reports
Brett McMurphy posted his initial report regarding Zach Smith on 07/23/2018 at 8:05 AM (see Attachment 1). This report involved the Courtney Smith’s recently filed Civil Protection Order (CPO) against Zach Smith. McMurphy’s report made no mention of an alleged felonious assault, an arrest, or felony counts of domestic violence.
Attachment 1: McMurphy edited his post on 07/23/2018 at 2:17 PM (see Attachment 2) and again did not reference anything regarding a felonious assault, an arrest, or felony counts of domestic violence.
Attachment 2: Brett McMurphy then posted on 07/23/2018 at 5:54 PM (see Attachment 3). This is the post regarding an alleged second incident involving Smith, and this is the report that led to Smith getting fired. This report states that Smith "was arrested" Oct. 26, 2015 on "felony counts of domestic violence and felonious assault against Courtney Smith."
Attachment 3: https://imgur.com/S2xvBag
This post was edited on 07/23/2018 at 7:51 PM (see Attachment 4) and again on 07/23/2018 at 7:56 PM (see Attachment 5). All of these pre-B1G media da edits referenced Zach Smith being "arrested"for "felony counts of domestic violence and felonious assault." As I'll get to later, McMurphy edited this report on Facebook again after Meyer's press conference.
Attachment 4: https://imgur.com/jCP7xTb
Attachment 5: https://imgur.com/rYjxvyb
Meyer's Press Conference (07/24/2018)
So Meyer gave his now infamous press conference on 07/24/2018. McMurphy’s report at this time (see above) is that Zach Smith was "arrested" for "felony counts of domestic violence and felonious assault against Courtney Smith." In response to a question about that report, Urban stated: "I got a text late (Monday) night (about a report) something happened in 2015. And there was nothing. Once again, there's nothing – once again, I don't know who creates a story like that.”
I'm now going to bludgeon this dead horse with a baseball bat here: McMurphy's report prior to B1G media day states that Smith was "arrested" for "felony counts of domestic violence and felonious assault."
As McMurphy's own edits after B1G media day show, this was factually incorrect. But to top that off, and as I'll explain later, this was a a legal impossibility.
McMurphy's Edits and Reports After B1G Media Day
McMurphy Edits His 07/23/2018 Post
McMurphy then edited this 07/23/2018 Facebook post on 07/25/2018 at 2:00 PM, or about 26 hours after Meyer's press conference (see Attachment 6). This revision again states "arrested."
McMurphy edited this post again on 07/30/2018 at 5:31 PM (see Attachment 7). It is not until this 07/30/2018 at 5:31 PM that McMurphy walks back that Zach Smith was arrested. This revision -- six days after Meyer's press conference -- completely omits that Smith was arrested, and instead says "investigated." McMurphy also adds the line: "The original police report, from 2015, indicated Zach Smith was arrested. The police report released to the media on Tuesday says Smith was not arrested."
As I noted at the top of my edit, this "redaction" is not even accurate -- neither police report checked the "arrest" box. Unless McMurphy has a third one, I don't know where he got this from.
In terms of timeline, prior to B1G media day, McMurphy's report stated Smith was arrested; six days after B1G media day, McMurphy edited his report walking that allegation back without issuing a correction.
Attachment 6: https://imgur.com/RfsiqMD
Attachment 7: https://imgur.com/zCFIo04
McMurphy Creates and Edits an 07/24/2018 Facebook Post
In between editing the above post, and shortly after Meyer's press conference, McMurphy made another Facebook post to add details regarding Meyer's press conference. The original version of this post by McMurphy was on 07/24/2018 at 6:54 PM (see Attachment 8). This version of the post -- after Meyer's press conference -- states that Smith was "arrested and investigated." This report further no longer refers to the investigation as "felony domestic violence." McMurphy edited this post again on 07/30/2018 at 5:33 PM and 10:00 PM (see Attachments 9 and 10). This is six days after Meyer's press conference. Attachment 9 (07/30/2018 at 5:33 PM) states that Smith was "arrested and investigated." Attachment 10 (07/30/2018 at 10:00 PM) instead just **says "investigated.**"
Attachment 8: https://imgur.com/vUKU1he
Attachment 9: https://imgur.com/ASta7QO
Attachment 10: https://imgur.com/5VFcWeC
Madsnooker
Senior Member
McMurphy Drops His Bombshell Report on 08/01/2018
McMurphy then dropped the bombshell report on 08/01/2018 at 10:17 AM (see Attachment 11).
Attachment 11: There are two things to note about this. First, McMurphy does not reference an arrest, nor does he reference anything regarding felony counts of domestic violence. He instead only refers to "domestic violence allegations." I won't bore you with the other 11 edits of this post, but I've reviewed them all, and McMurphy never references felony domestic violence.
McMurphy also finally -- seven days after Meyer's press conference -- finally issued his first retraction. The following retraction approximately 40 paragraphs into his article: "On the original Oct. 26, 2015 Powell Police report, a box on the form was checked indicating Zach had been arrested. However, nearly three years later – after I reported the incident last week – the Powell Police released a revised version of the report to the media and the arrest box was no longer checked. “The terminology used by the Police Department was different in the original report (dated 10/26/2015) and inconsistent with what actually occurred,” said Megan Canavan, director of communication for the Powell Police Department.
Here's the biggest problem for McMurphy's retraction -- NEITHER police report references an arrest.
Update -- I Have the Police Reports
So there are two police reports. I obtained them via a confidential source and don't want to disclose them without their express permission.I will also admit to eating some crow here -- the revised police report does list the domestic violence as a felony. This is an incorrect listing on a police report, but McMurphy wouldn't know that. Maybe, just maybe, he could have reached out to one of 37,000 currently admitted lawyers in Ohio.
But anyway, neither report references an "arrest" of Zach Smith. One says investigation pending, the other does not have any box checked.
I have no earthly idea where McMurphy got his information from. He should release it immediately.
***
Summary of Timeline
Prior to B1G media day, McMurphy's reports clearly stated that Zach Smith was "arrested" for "felony counts of domestic violence and felonious assault against Courtney Smith." We now know there was no arrest.
Meyer then went to Big Ten media day and denied knowing of the 2015 report by McMurphy -- arrest, felonious assault, felony domestic violence.
After media day, McMurphy then carefully edited his pre-B1G media day posts to redact any mention of an arrest and felony counts of domestic violence. He made multiple edits to multiple posts without issuing a correction. His bombshell report on 08/01/2018 then did not reference an "arrest" or "felony count of domestic violence," and it was not until then -- and 40 paragraphs down in his article at that -- that he FINALLY said Smith was not arrested.
To state it as short as possible: McMurphy went from "arrest" on 07/23/2018, to "investigated and arrested" on 07/24/2018, to "investigated" on 07/30/2018, to "allegations" on 08/01/2018. Sandwiched in between that wild ride of reporting is Urban Meyer's press conference.
***
Why McMurphy's Reporting of a "Felony Domestic Assault" was Impossible
Edited to add: despite one of the reports listing "felony," I still stand behind the analysis below. There are a ton of lawyers in Ohio -- almost 40,000 of them. McMurphy could have reached out to anyone and found out this could not have been felony domestic violence.
Now that I've done a timeline of McMurphy's reporting, it's important to explain why I spent so much time emphasizing felonious domestic violence. Ohio's statute regarding domestic violence is R.C. 2919.25 (see Attachment 12). That statute is likely confusing to a non-lawyer, but to summarize: Sections (A)-(C) outline what is prohibited by statute, and Section (D) outlines the severity of the offense. Domestic violence is usually a misdemeanor. Domestic violence is upgraded to a felony if (and only if) there is a prior domestic violence conviction against the offender -- Sections (D)(3) and (D)(4) -- or if the offender knows the victim is pregnant -- Sections (D)(3)-(5).
Attachment 12: So how does this apply to everything I've posted? It should have been legally impossible for Smith to be investigated for "felony counts of domestic violence" as McMurphy initially reported. The public dockets (and now McMurphy's own reporting, for that matter) are clear that Zach Smith was never convicted of a domestic violent offense (he was arrested in FL, not convicted), nor was Courtney Smith pregnant at the time of the incident in October 2015.
So not only were McMurphy's reports prior to B1G media day incorrect, his factual assertions were a legal impossibility.
McMurphy obviously realized this after his initial reports, and he therefore edited his pre-B1G media day posts after Urban Meyer's press conference. Again, bludgeoning the dead horse -- pre-B1G media day = "arrested;" post B1G media day = "arrested and investigated," to "investigated," to "allegations." And all of this was done via Facebook edits, not journalistic corrections pursuant to industry standards.
There are three possibilities here: (1) McMurphy was lying/stretching the truth based on the info he had; (2) the report McMurphy had was forged and/or doctored by someone; or (3) police incorrectly filled out its report. Number 3 is a possibility, but I don't have the report.
Edited to add: I'm now certain it is some combination of #1 and #3.
At the least, this analysis should at least force McMurphy to reveal his paper trail, which would benefit transparency for everyone.
***
McMurphy then dropped the bombshell report on 08/01/2018 at 10:17 AM (see Attachment 11).
Attachment 11: There are two things to note about this. First, McMurphy does not reference an arrest, nor does he reference anything regarding felony counts of domestic violence. He instead only refers to "domestic violence allegations." I won't bore you with the other 11 edits of this post, but I've reviewed them all, and McMurphy never references felony domestic violence.
McMurphy also finally -- seven days after Meyer's press conference -- finally issued his first retraction. The following retraction approximately 40 paragraphs into his article: "On the original Oct. 26, 2015 Powell Police report, a box on the form was checked indicating Zach had been arrested. However, nearly three years later – after I reported the incident last week – the Powell Police released a revised version of the report to the media and the arrest box was no longer checked. “The terminology used by the Police Department was different in the original report (dated 10/26/2015) and inconsistent with what actually occurred,” said Megan Canavan, director of communication for the Powell Police Department.
Here's the biggest problem for McMurphy's retraction -- NEITHER police report references an arrest.
Update -- I Have the Police Reports
So there are two police reports. I obtained them via a confidential source and don't want to disclose them without their express permission.I will also admit to eating some crow here -- the revised police report does list the domestic violence as a felony. This is an incorrect listing on a police report, but McMurphy wouldn't know that. Maybe, just maybe, he could have reached out to one of 37,000 currently admitted lawyers in Ohio.
But anyway, neither report references an "arrest" of Zach Smith. One says investigation pending, the other does not have any box checked.
I have no earthly idea where McMurphy got his information from. He should release it immediately.
***
Summary of Timeline
Prior to B1G media day, McMurphy's reports clearly stated that Zach Smith was "arrested" for "felony counts of domestic violence and felonious assault against Courtney Smith." We now know there was no arrest.
Meyer then went to Big Ten media day and denied knowing of the 2015 report by McMurphy -- arrest, felonious assault, felony domestic violence.
After media day, McMurphy then carefully edited his pre-B1G media day posts to redact any mention of an arrest and felony counts of domestic violence. He made multiple edits to multiple posts without issuing a correction. His bombshell report on 08/01/2018 then did not reference an "arrest" or "felony count of domestic violence," and it was not until then -- and 40 paragraphs down in his article at that -- that he FINALLY said Smith was not arrested.
To state it as short as possible: McMurphy went from "arrest" on 07/23/2018, to "investigated and arrested" on 07/24/2018, to "investigated" on 07/30/2018, to "allegations" on 08/01/2018. Sandwiched in between that wild ride of reporting is Urban Meyer's press conference.
***
Why McMurphy's Reporting of a "Felony Domestic Assault" was Impossible
Edited to add: despite one of the reports listing "felony," I still stand behind the analysis below. There are a ton of lawyers in Ohio -- almost 40,000 of them. McMurphy could have reached out to anyone and found out this could not have been felony domestic violence.
Now that I've done a timeline of McMurphy's reporting, it's important to explain why I spent so much time emphasizing felonious domestic violence. Ohio's statute regarding domestic violence is R.C. 2919.25 (see Attachment 12). That statute is likely confusing to a non-lawyer, but to summarize: Sections (A)-(C) outline what is prohibited by statute, and Section (D) outlines the severity of the offense. Domestic violence is usually a misdemeanor. Domestic violence is upgraded to a felony if (and only if) there is a prior domestic violence conviction against the offender -- Sections (D)(3) and (D)(4) -- or if the offender knows the victim is pregnant -- Sections (D)(3)-(5).
Attachment 12: So how does this apply to everything I've posted? It should have been legally impossible for Smith to be investigated for "felony counts of domestic violence" as McMurphy initially reported. The public dockets (and now McMurphy's own reporting, for that matter) are clear that Zach Smith was never convicted of a domestic violent offense (he was arrested in FL, not convicted), nor was Courtney Smith pregnant at the time of the incident in October 2015.
So not only were McMurphy's reports prior to B1G media day incorrect, his factual assertions were a legal impossibility.
McMurphy obviously realized this after his initial reports, and he therefore edited his pre-B1G media day posts after Urban Meyer's press conference. Again, bludgeoning the dead horse -- pre-B1G media day = "arrested;" post B1G media day = "arrested and investigated," to "investigated," to "allegations." And all of this was done via Facebook edits, not journalistic corrections pursuant to industry standards.
There are three possibilities here: (1) McMurphy was lying/stretching the truth based on the info he had; (2) the report McMurphy had was forged and/or doctored by someone; or (3) police incorrectly filled out its report. Number 3 is a possibility, but I don't have the report.
Edited to add: I'm now certain it is some combination of #1 and #3.
At the least, this analysis should at least force McMurphy to reveal his paper trail, which would benefit transparency for everyone.
***
Madsnooker
Senior Member
Courtney Smith Does Not Have Discretion to "Not Press Charges"
I will get back to McMurphy in a bit, but just a really important point about Ohio domestic violence law. Ohio is actually a pretty progressive state when it comes to its sentencing and policies. The media has talked a lot about how Courtney Smith may have "elected not to press charges."
That's not how it works in Ohio. R.C. 2935.032 provides the protocol for domestic violence issues (see Attachment 13).
Attachment 13: My screenshot is incomplete (it's a long code section), but the rule is basically this: if the officer has a reasonable belief that an offender committed domestic violence, the officer shall arrest the offender, shall obtain a warrant, and shall make an arrest for felonious assault. There's no discretion here under Ohio law -- the officer "shall" do these things, whether the victim wants them to or not.
On a broad note, this is great policy and should be the law in every state. But specifically applied to this case, there is no "not electing to press charges." If the officers visited the Smith residence on 10/26/2015 and did not arrest Zach Smith, that means they did not have a reasonable belief -- let alone belief beyond a reasonable doubt -- that Zach Smith committed domestic violence.
***
Conclusion: McMurphy Has Been Creating a Moving Target
The bottom line here is that Meyer and Ohio State were and are dealing with a moving target because McMurphy's initial reporting was grossly inaccurate. I have no doubt Meyer could have handled the press conference far better, but I also think the night before media day was the first time Meyer heard Zach Smith was "arrested" for "felony counts of domestic violence" because that would, in fact, be the first time Meyer heard such a report.
And that accusation came from Brett McMurphy's reports on Facebook, which I have outlined here in great detail. It's clear that McMurphy erred in reporting that Zach Smith was "arrested" for felony counts of domestic violence.
McMurphy realized after B1G media day that he was wrong. His reports were consistently edited without issuing the usual journalistic corrections. In fact, he continued to edit Facebook posts that were originally posted before Meyer's press conference as far as six days after Meyer's press conference. His reporting, when examined closely, walked way, way, way back from where he originally started.
As I referenced earlier, I believe a lot of this may have to do with McMurphy just posting stuff on his Facebook page and not having an editing team behind him. Even if McMurphy's facts changed, I can't imagine any publication -- the NYT, WaPo, the Columbus Dispatch, whatever -- not explaining the edit and/or retraction.
***
Big Picture -- McMurphy Should Release His Police Report
I don't know if this means anything in the big picture. But this seems to me like the sports version of Brian Williams making stuff up about being shot at in the Iraq War. McMurphy started with a story, kept at that story, and kept making the story somewhat about himself even though he knew what he was reporting was inaccurate.
I know stories evolve, and I know facts and understandings change. McMurphy's allegations, however, were not minor details. The alleged arrest and investigation of felony domestic violence was central to the "Why didn't you do anything Coach Meyer" theme that preceded media day. Rather than issue corrections, McMurphy has slyly edited his Facebook posts to conform to the evidence. He further did not issue any retraction until more than a week after, and even his retraction was inaccurate.
At the very least, perhaps publishing this info will make McMurphy publish his police report, which nobody else seems able to obtain. And if that report does not corroborate McMurphy's reporting, then I believe McMurphy may have to defend a defamation suit from both Urban Meyer and Zach Smith. But I'm sure you're done with my boring legal analysis at this point.
I will get back to McMurphy in a bit, but just a really important point about Ohio domestic violence law. Ohio is actually a pretty progressive state when it comes to its sentencing and policies. The media has talked a lot about how Courtney Smith may have "elected not to press charges."
That's not how it works in Ohio. R.C. 2935.032 provides the protocol for domestic violence issues (see Attachment 13).
Attachment 13: My screenshot is incomplete (it's a long code section), but the rule is basically this: if the officer has a reasonable belief that an offender committed domestic violence, the officer shall arrest the offender, shall obtain a warrant, and shall make an arrest for felonious assault. There's no discretion here under Ohio law -- the officer "shall" do these things, whether the victim wants them to or not.
On a broad note, this is great policy and should be the law in every state. But specifically applied to this case, there is no "not electing to press charges." If the officers visited the Smith residence on 10/26/2015 and did not arrest Zach Smith, that means they did not have a reasonable belief -- let alone belief beyond a reasonable doubt -- that Zach Smith committed domestic violence.
***
Conclusion: McMurphy Has Been Creating a Moving Target
The bottom line here is that Meyer and Ohio State were and are dealing with a moving target because McMurphy's initial reporting was grossly inaccurate. I have no doubt Meyer could have handled the press conference far better, but I also think the night before media day was the first time Meyer heard Zach Smith was "arrested" for "felony counts of domestic violence" because that would, in fact, be the first time Meyer heard such a report.
And that accusation came from Brett McMurphy's reports on Facebook, which I have outlined here in great detail. It's clear that McMurphy erred in reporting that Zach Smith was "arrested" for felony counts of domestic violence.
McMurphy realized after B1G media day that he was wrong. His reports were consistently edited without issuing the usual journalistic corrections. In fact, he continued to edit Facebook posts that were originally posted before Meyer's press conference as far as six days after Meyer's press conference. His reporting, when examined closely, walked way, way, way back from where he originally started.
As I referenced earlier, I believe a lot of this may have to do with McMurphy just posting stuff on his Facebook page and not having an editing team behind him. Even if McMurphy's facts changed, I can't imagine any publication -- the NYT, WaPo, the Columbus Dispatch, whatever -- not explaining the edit and/or retraction.
***
Big Picture -- McMurphy Should Release His Police Report
I don't know if this means anything in the big picture. But this seems to me like the sports version of Brian Williams making stuff up about being shot at in the Iraq War. McMurphy started with a story, kept at that story, and kept making the story somewhat about himself even though he knew what he was reporting was inaccurate.
I know stories evolve, and I know facts and understandings change. McMurphy's allegations, however, were not minor details. The alleged arrest and investigation of felony domestic violence was central to the "Why didn't you do anything Coach Meyer" theme that preceded media day. Rather than issue corrections, McMurphy has slyly edited his Facebook posts to conform to the evidence. He further did not issue any retraction until more than a week after, and even his retraction was inaccurate.
At the very least, perhaps publishing this info will make McMurphy publish his police report, which nobody else seems able to obtain. And if that report does not corroborate McMurphy's reporting, then I believe McMurphy may have to defend a defamation suit from both Urban Meyer and Zach Smith. But I'm sure you're done with my boring legal analysis at this point.
Silver Britches
Official Sports Forum Birthday Thread Starter
Here's something that seems to keep getting overlooked. If nothing happened, why did Meyer fire Zach Smith? No reason was given for firing him. For Meyer to fire him, he obviously knew something bad had happened, right? I mean, wouldn't firing someone over nothing more than an allegation be grounds for a lawsuit?
And I am not hating on Meyer or OSU, I truly hate it for y'all, Snook. Even though I do dislike Meyer, I wouldn't wish this on any school. Kickoff around the corner and y'all are having to deal with this junk- talk about perfect timing!
And I am not hating on Meyer or OSU, I truly hate it for y'all, Snook. Even though I do dislike Meyer, I wouldn't wish this on any school. Kickoff around the corner and y'all are having to deal with this junk- talk about perfect timing!
fish hawk
Bass Master
I cant stand Urban Meyer,he's a arrogant,weaselly eyed punk.....I take great pleasure in watching him squirm and would take even greater pleasure watching him crash & burn.
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