There are some big developments in the Dalvin Cook situation so it's time to do an #FFLegalUpdate. As anticipated, things are getting messy and Cook has come out of the gates swinging.
As noted previously, Local Court Rules gave Cook 20 days to Answer the allegations against him. I calculated that date as being 12/2. I didn't initially see the Answer so I thought I may have it wrong, but it took a few days to be available online. I've read all the new docs.
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Cook filed the following things contemporaneously:
- An Answer and Counterclaim to the original suit
- A *new* civil suit naming Gracelyn Trimble, her two attorneys, and their law firm as Defendants
- Several interesting Exhibits attached to the new Complaint he filed
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There's SO much information I could cram in here, but I'm going to do my best to distill it down to what is necessary to know rather than what is salacious or click-baity stuff. My apologies if I judge either incorrectly as my goal is to give you only facts and information.
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First off, the original case was placed on what's known as an "Expedited Litigation Track". From what I understand this is a "Pilot Program" the Court is using to move their civil docket along.
Cook asked to be removed from the ELT and that was granted.
Second, filing a Counterclaim with an Answer is completely routine. Don't read anything into that part of it.
The Answer issued the standard Denials that are necessary by law. If you don't deny something in the Answer it is deemed to have been admitted.
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Third, Defendant must assert certain Affirmative Defenses in his filing or he loses the right to use them. He has done that, offering several ADs and then issuing a blanket assertion of the right to use any ADs necessary going forward per civil rules.
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Ok with the technical legal stuff out of the way let me say this:
Cook's claims are ALLEGATIONS, just like Trimble's were. Take a deep breath and let the case play out. No need to judge who is right or wrong - please be respectful of everyone involved when discussing. ✌️
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Ok first, some interesting factual nuggets from Cook's documents:
- Cook denies knowledge that Trimble was pregnant as alleged (this was alleged to be some of the source of their strife)
- Cook allegedly cut Trimble off financially in May of 2021
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Remember Cook's claim of relying on the Castle Doctrine?
The Castle Doctrine says that you have the right to defend yourself in your own home. This has been the setup for Cook's case since the beginning.
His attorneys are properly laying the groundwork in these cases by...
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- Saying Trimble took his garage door opener "without his knowledge or consent"
- Clearly establishing that she was NOT living there
- Calling her entry into the house "illegal"; "using a stolen garage door opener"; "breaking and entering" with a "dangerous weapon"
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So, the Answer was pretty straightforward, and the Counterclaim was as well.
The interesting parts came from the NEW suit Cook filed under a separate case number.
He named both Trimble's attorneys, their law firm, and Trimble herself as Defendants.
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Those causes of action are fairly predictable and the main thrust is defamation.
These are what's loosely grouped together and known as Intentional Torts because they require affirmative acts rather than something like negligence or carelessness.
Those causes are....
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1 - Defamation
2 - Fraud and Misrepresentation
3 - Invasion of Privacy
4 - Abuse of Process
5 - Malicious Prosecution
6 - Assault
7 - Intentional Infliction of Emotional Distress
Some of these are creative, but none are unusual or out of line.
Perhaps the biggest bombshell was the Affidavit of Betty Cook, his grandmother.
I'll get to those details in a second, but the basic thrust of Cook's suit is fairly "up the middle" but sheds light on where the battleground will be.
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He claims that the Defendants "repeatedly threatened to make these unfounded and false allegations public...unless Cook pays money"
Also that their statements/suit are "false, defamatory, and are intended to injure Cook's reputation"
To that point, Cook alleges that the photographs in Trimble's suit were "staged", that she was extorting him for money (a house and a car specifically), and that she was, in fact, the abuser in the relationship.
Cook also states Trimble has caused trouble before by alleging she:
- was married while they were together and didn't tell him
- posted Instagram stories saying she was only with him for money
- had damaged his property in excess of $10k in the past
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None of Cook's claims are particularly surprising, nor are the legal claims anything we shouldn't have expected.
The biggest bombshell was dropped, though, in Betty Cook's affidavit. She is Cook's grandmother and makes some big, and potentially impactful, claims.
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Betty Cook states that she was close with Trimble and talked to her frequently.
They attached an Exhibit with a text conversation between her and Trimble in which Trimble says "he's woke the old me up; a monster."
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Among the other big points from the Affidavit of Betty Cook:
- claims Trimble told her she was going to Minnesota to "fuck Dalvin up"
- says Trimble told her she was going to Minnesota to try and catch him with another woman
- says Trimble was aggressor in relationship
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B. Cook also says that she personally witnessed abusive behavior from Trimble towards Cook including pulling his dreadlocks, and shoving him around others.
Additionally BC says that Cook had to stay with her on multiple occasions to get away from the violence.
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As to the incident itself BC says Trimble told her on the phone that she "maced Dalvin, pulled a knife on him, & later pulled a gun on him."
She also states that she stayed 2 nights with her after this happened & saw *no evidence of injury* except a small cut!
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BC also says that when Trimble was supposed to be recovering not only did she see no signs of injury, but Trimble in fact was with friends out partying every night in Texas.
There is SO much in these exhibits and suits that it's hard to catch it all, but those are the biggest things that stood out to me.
Nothing here is surprising legally, or factually. It was always going to come down to "Nah this other person is the abuser."
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Keep in mind that the truth is almost always somewhere in the middle. I doubt Trimble is making up the abuse. And I also doubt Cook is making up the problems that he had with her.
It's not on us to judge their veracity right now. For our purposes, here's how we operate.
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I believe legally both sides are playing this exactly how they should. That's just my opinion.
I also believe that legally this has already devolved into a messy factual situation that may never be fully resolved to anyone's liking.
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This is a big point for his NFL availability however - if it's messy enough the league will simply stay out of it and let it play out. I doubt this gets resolved anytime soon, but even if it does I would doubt that Cook ever suffers a punishment from this.
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He and his attorneys are doing what they're supposed to: if she's been aggressive or doing the things they allege then they've cast enough doubt on the situation that it will
1 - likely never turn criminal
2 - settle at some point with "protection" for the parties
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As always, these are my legal opinions and I am working with only open-source information. Nothing in these tweets is legal advice, nor am I making judgments about the truth of either party's allegations.
Please understand these are people and be respectful when discussing!
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Thanks for reading if you got this far! I appreciate everyone's support of my work.
If you feel so moved please RT the first tweet in this thread.
As always, the #FFLegalUpdate will keep you apprised of what is happening.
Have a great week!
31/31
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For the new folks: I'm a criminal law expert, currently practicing & celebrating 20 years of practice this year. I've done over 10k criminal cases, & countless cases involving victims, sexually related charges, & appeals on sexual offender classifications.
My podcast #TheAuctionBrief has regular legal updates where I discuss all the relevant cases facing your fantasy teams, and most notably, updates on Watson as the case goes along.
Absolutely brutal court day but it looks like life is gonna tag out for a breather & I have a few minutes to do a #DeshaunWatson#FFLegalUpdate.
I have quite a few new followers recently so some of this info may be repeated, but I'll try to stay away from too much of that.
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First - my standard comment about victims and these cases: Please be respectful to the alleged victims and to what happens to their lives when they come forward. We only know what's in the complaints. We owe it to them, to Watson, and to the legal process to not overreact.
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Second - most of what I'm going to comment on is law stuff. I'm not an "NFL punishment" guru. I know the law because I've been a lawyer for 20 years. But the league is notoriously difficult to read on suspensions. I'll give you my opinion on that, but keep that in mind.
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In light of the #DerriusGuice details trickling out, I wanted to put together a quick thread to cover the legal aspects of the case and how they affect his prospects going forward.
I’ve been a defense attorney for almost 20 years and there are a few things to know.
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First, it is HARD to defend these cases when you have an obvious sense of what happened in the case. You always always fulfill your obligation to your client with a zealous defense, but the general public doesn’t realize this often involves....
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....trying to mitigate damage rather than proving it didn’t happen. Proving a negative is exceedingly difficult, especially in a case where there are no witnesses. Domestic Violence (DV) cases are often that way.
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Well it’s Thursday so that means it is time for the Week 3 edition of #NarrativeStreet. With two games under our belt it’s tempting to think the hay is in the barn, but that’s dangerous thinking. It will continue to change every week so don’t anchor those opinions....
...stay flexible and keep attacking as things evolve.
So let’s check in with the biggest stories and see what’s happening. We’ll hit some Team Narratives first, then finish with individual players....buckle up, it’s gonna be a long one...Happy Week 3 - LFG!
#Bears 📉📉: People are fuh-REAKing out. But they started v two ferocious pass rushes, and they came out 1-1. Am I excited about them? No. But they get a weak Wash D this week, and the post bye sked is pretty soft. Be patient.