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Carlos Marmol bummedWith a day to process, more details are trickling out about the allegations that Carlos Marmol assaulted a woman in the Dominican Republic. All credit to the Tribune and the Sun-Times for digging in and finding out as much as they can – remember, traditional media is still very good at some things, and this is in their wheelhouse. The following updated bits of data come from this Tribune piece, and this Sun-Times piece, together with my own – very sensitive and caveat-filled – synthesis:

  • The alleged assault took place in October during (technically after) a public festival organized around a big basketball game, at which Marmol was a guest of honor.
  • An investigator in the DR says Marmol and his accuser knew each other, but were not in a relationship. They met in a bar, and the alleged assault took place thereafter. If this sounds familiar, it should – the story last year when Starlin Castro was accused of sexual sounded very similar, both in events and timeline.
  • The same investigator, with whom the Tribune spoke, says they are continuing to investigate, “but as of right now there is not enough evidence to say that [Marmol] was involved in this.”
  • The Sun-Times also cites a source who says local authorities already investigated the incident, and did not turn up enough evidence to bring charges.
  • Although the DR has not brought charges, there is a hearing in the matter scheduled for February 8 – one week from today. I’m assuming, then, that this is presently a civil matter, and would not have any bearing on Marmol’s availability to play this year. Marmol’s attorney has filed a counterclaim for extortion.
  • Marmol’s attorney, Nelson Pimental, denies the allegations as strongly as possible: “Carlos Marmol is totally innocent of the things he is accused of. They never occurred. She is only trying to get money out of Carlos Marmol. It is very important for us to say the legal case against him is not true.”
  • Chicago Cubs President Theo Epstein responded to each publication with the same appropriate response: “We became aware of these media reports [Thursday] and are actively looking into the matter. We’ll withhold further comment until we have more information.” The Cubs became aware of the reports just yesterday, but hopefully they had already long been apprised of the issue.

So, that’s where we are right now. I’d like to know a bit more about this February 8th hearing. Obviously law varies from jurisdiction to jurisdiction, but if this is akin to a civil case in the United States, then the closest approximation we’d have for such an early hearing would be an evaluation of whether the claimant has stated a legally sufficiently claim against Marmol* – the evidence wouldn’t really be examined so early in the process. If that’s true, we may not learn a whole lot more about the case next week, unless the whole thing is tossed.

I have a feeling, though, that the whole process for this kind of case in the DR is considerably different from how things would go in the United States, so there may not be much to be gleaned from trying to draw parallels. We’ll just see what happens. Tentatively, based on the details we have so far, things don’t look too bad for Marmol just yet.

*(Ease up on me, law dogs: essentially, I’m talking about a motion to dismiss, which is what you’d see happening in the first 30 days or so after a suit was filed, but which wouldn’t involve a hearing so quickly. I’m just trying to draw a relatable parallel for the non-lawyers among the readership.)

  • Marc N.
  • Rcleven

    Why do bars and assault seem to go hand in hand?

  • CubbiesWSChamps2015

    I am just a 1L does that make me a full fledged law dog….or am I just a law pup?

    • JulioZuleta

      Do you go to one of the Chicago schools?

    • AP

      If you’ve learned that law school is just a bunch of professors pontificating using the “Socratic method” rather than teaching the law…I’d say you’re a law dog at this point. But I’m not bitter…

      • frank

        Except that they pontificate and say they use the Socratic Method–while actually doing whatever they want and calling it the Socratic Method . . .

    • Tom A.

      It means you are no so invested in that career as to see the light and change directions !

  • JulioZuleta

    Insert joke about Cubs player being at home in October…

    • BluBlud

      I noticed, none of the Giants Domican players where home until November.

  • CubbiesWSChamps2015

    Yeah Loyola

    • JulioZuleta

      Nice, 1L at Kent.

      • roz77

        Whoa, me too.

        • JulioZuleta

          Nice, what section?

          • waittilthisyear

            1L at Depaul homies

            • cubspong

              Lots of law students. I don’t comment as frequently, but I am a 2L at John Marshall.

              • frank

                I’m a Kent grad myself, but don’t practice.

  • JOHN

    I wonder what Marmol’s wife thinks about this.

  • KidCubbie

    Is anybody else excited that they are coming out with a MLB 2K13 for xbox this year? I thought they had dropped the contract with MLB after last season.

    • Njriv

      Not in the slightest, MLB The Show is where it’s at.

    • SouthernCub

      No, in fact. 2k sports is terrible…..esp. the baseball. Was really hoping EA would jump back in. Upon reading the official release it appears that the deal w/ 2K Sports isn’t exclusive, which still gives me hope that EA will get back in at some point

      • Njriv

        MVP baseball was THE BEST baseball video game, ever.

        • yield51

          Baseball Stars NES

        • Noah

          MVP Baseball was great, but they’d always have some flaw or another that was just incredibly annoying. They had the year when left handed hitters couldn’t hit home runs. And they never figured out minor league player progression.

          I’ve stopped playing the console baseball games and just play OOTP Baseball. Now it’s just an HTML based game, so it doesn’t really compete with the Show unless you want to just GM a franchise and sim games. But as far as running a franchise goes, it’s bar none the best game out there.

          • santos toupe

            RBI BASEBALL, jacked 222 hr with sandberg 90′ b4 the all-star game. hit and run and count your hr’s. steve beuchel and sid bream were gods in this game as well.

  • fromthemitten

    Can we keep the misogynistic shit to ourselves please?

    • itzscott

      It’s Latin America!

      Someone will get paid off (the judge, the plaintiff, etc) to make it all go away. Not worried.

      btw…. I didn’t see any “misogynistic shit” posted by others. Do you even know what the word means?

      • TWC

        “I didn’t see any ‘misogynistic shit’ posted by others…”

        That’s because it was overlooked while you were posting your south-of-the-border stereotyping shit (“It’s Latin America! Someone will get paid off…”).

        • fromthemitten

          PWNED

          It was in response to that youtube link posted above and the stuff said yesterday on the initial report

        • itzscott

          Hey TWC….

          Unless you’ve lived there or done business there throughout your career (if you have one yet), my guess is that you know less about life in Latin America than what the word “mysognitisic” (spellcheck is your friend… try it sometime) means.

          • Hansman1982

            So…you are a Latin American expert? How many languages and dialects are you fluent in? Maybe you could create a website that will teach us all about the South American way of life!!!! That would be neat-o!

            Or you could realize you lost the argument and attack a man based on a failed attempt to attack his spelling. Which he didn’t misspell, you did:

            http://m.dictionary.com/d/?q=misogynist

          • TWC

            Waitaminnit. Wait just a minute here, Scooter. Did you just accuse me — incorrectly — of misspelling a word that *you* then spelled incorrectly? That’s awesome. Really, really awesome.

            But that’s just one tree in the forest of your ignorance, so I won’t fixate on that. Mostly, my comment was a rejection of your stereotype of all Latin Americans as being corrupt, which I think was kinda douchey. The ad hominem attack (“career (if you have one yet)”) was really the icing on the cake.

            • itzscott

              Yes… I have lived in Latin America for many years and have had my share of navigating around a thoroughly corrupt system both personally and in the course of doing business so I’d consider myself and my experience to be a significant cut above yours.

              btw…. my misspelling was no error bucko, it was a cut & paste of what was misspelled. But you missed that one too.

              • Cubbie Blues

                misogynistic doesn’t = mysognitisic bucko

              • Tommy

                You need to stop scott. You’re burying yourself deeper every time you post. You didn’t copy and paste unless you did it from an entirely separate thread that we don’t know about.

                • cjdubbya

                  I’m guessing it’s the Latin American version of BN.

                  • Hansman1982

                    Yup, he smuggled the copy and paste across the border.

                    Hahahahahahahahahahahahaha I am clever.

                    • Cubbie Blues

                      Eh, clever “ish” and did you just call him a mule?

                    • fromthemitten

                      I am misspelling the word in how they would spell it in a certain part of latin america that he is an expert on.

                      Oh yeah and latin america is like TOTALLY the same. the ways of the dominican republic are EXACTLY the same as brazil or haiti.

                      the commenters get stupider and stupider

              • DarthHater

                [img]http://img.photobucket.com/albums/v105/Shogmaster/427d6e2f89.jpg[/img]

              • TWC

                I’m still waiting for your apology, Scooter.

                • Miggy80

                  Can I be the Latin American expert? I’m a Latino, I’ve traveled to Guatemala. I’ve navigated National emergencies there and I’m “fairly” familiar with the legal system.

    • Marc N.

      That video was mysognitisic?

      I’m glad Marmol is counter suing.

  • Patrick G

    Does this hurt the chances of him getting traded or is this a non-related issue?

    • http://www.bleachernation.com Brett

      If he was in trouble, it would make trading him virtually impossible.

  • Morken

    Castro should counsel him.

    Oh, wait…

  • MaxM1908

    Anyone here speak Spanish well enough and know the law well enough to see if there’s a way to search the DR dockets (like PACER). It appears there are Courts of Peace (minor matters) and Courts of First Instance in the DR. I’d be curious to see which court it is in and what the c/a is.

  • http://401klogic.net Westbound Willie

    It’s in the court of what’s happening now.

    Next

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