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Juvenile in BHS case found not guilty

February 24, 2011

Magistrate Judge Charles Roos ruled Thursday that the juvenile facing two charges of misdemeanor battery from incidents that occurred during the basketball season last year at Blackfoot High School cannot be found guilty because the state had not met it's burden of proof.
In testimony given by the two complainant witnesses Wednesday, neither could specifically identify who had actually touched them, but both said they had seen four people coming toward them and saw the same four walk away after the incident. Both testified they were "shooshed," which was described as being held down against their will while an attempt was made to touch their genitals and rectum.
It was this testimony, Roos said, that led to the decision to find the juvenile was not within purview of the Juvenile Corrections Act and that the state had not proven guilt beyond a reasonable doubt.


Really Really?

March 21, 2011 by NewMessage, 4 years 9 weeks ago
Comment: 337

How about this for an idea?......if you are not TRULY and intimately familiar with both sides of a story or the true facts of a case like this, you simply do NOT talk about it! In fact, that is a pretty good way to just live your life. It involves not being judgmental. It also involves a level of humility and letting go of your need to have the world hear your vainglorious opinion. If you are religious, I think that was the true message of Jesus Christ. If you are not, well then still a good way to live your life. Treat others like you would want to be treated or like you would want your children to be treated. Calling kids rapists without any basis in fact is beyond a rush to judgment. It is slanderous, libelous, and defamatory.

My message: if you have not spoken to ALL people involved, listened to ALL of the witness interviews, conducted your own unbiased investigation, and created a timeline of facts etc., you have no business commenting on the details of this case!


March 17, 2011 by krischid (not verified), 4 years 10 weeks ago
Comment: 333

Wow! Now that "Really" is being "Captain Obvious" it doesn't make up for all the extremely disrespectful comments made earlier! Maybe you will get your facts straight next time before you have diarrhea of the mouth again.


March 17, 2011 by Really... (not verified), 4 years 10 weeks ago
Comment: 331

I am sorry if I offended anyone by trying to play devils advocate here. It is my understanding that these boys have done nothing less or more than any other male athletes have done in the past. So why is all the controversy centered around these boys? Right or wrong this type of thing happens in just about every locker room in america! I know a former snake river football player who said this happened all the time there and still does! So back to my original question- why now and why these boys?? Open your eyes- this is still going on and these boys aren't even there!!

Really! Are you serious?

March 20, 2011 by Brokeblackfootc..., 4 years 9 weeks ago
Comment: 335

Devils Advocate? From fish tales to a two headed snake.Either somebody else is writing under your name or your Bishop made you post an apology. Your apology is more of a kick in the face then an apology. I am not the one to judge you, but I would not be expecting high reviews when you meet your maker. I have read all of your post and even copied them and gave them to the "real victims" the accused. You are a very vindictive person and will have to take responsibility for what you have written. Reminds me of the Duke Lacrosse teams. These are copy and pasted quotes from your posts, and I didn't do all of them. The misspelled words are yours I did not change anything.
December 10, 2010 by Really
Forceable sexual penetration with a forign object is not hazing- it is rape!
December 14, 2010 by Really
This wasn't just "hazing" as it has been refered to- it was rape! I don't feel sorry for them one bit!
By the way- this isn't the first time these "fab 5" have been in trouble!
I only wish I had been smart enough to sodomize and abuse other students while I was in high school. I'm hoping your picking up on the sarcasim here because I'm laying it on pretty thick!
I have NO DOUBT that these boys are guilty of what they are being charged with.
I truly wish this was a bad dream, but life is full of choices and these boys have made several bad ones!
December 21, 2010 by Really..
Their will be a "token" sacrifice, but it won't be who it should be! And what about the (former) athletic director? Will he be held accountable? Nope
December 22, 2010 by Really...
What should sicken you is what these boys did!
As you watch the trial of these boys and hear what they did do, then your soul will truly be sickened.
And maybe you have not been made aware of what truly took place on more than one occasion to more than one victim- if you had, then you would stop trying to defend these criminals.
They victimized young boys who were their teamates!! They chose whomever they wanted and tok out their aggression and sick-mindedness on them. have been a busy writer along with many others. If you are really sorry and just playing "devils advocate" then you should reveal who you "really" are and apologize to these "true victims." It is easy to write under an alias but you are still responsible for what you write no matter if you are not using your "real" name. I would let the subpoenas fly.
There have been many "fish tales" in this whole tragedy for these boys.If you knew as much as you have typed you would know that the so called "victims" and other witnesses told "fish tales" on the stand under oath and proven to be "fish tales". These poor boys have had their lives taken from underneath them because of these "fish tales". This will follow them for the rest of their lives. I wish them the best and hope that in many years they can eventually recover.


March 17, 2011 by lilfav (not verified), 4 years 10 weeks ago
Comment: 332

Its nice of you "really" to come forward now and apologize.....are you freaking serious???? You have offended me and many more people all we were trying to do was defend the ones we loved and you just carried on without taking into account what was really going on!! Your a freak!!!!

Why don't you just mind your own business.... all that you have done is make things terribly worse by the horrible and distgusting things you have posted. You will NEVER I repeat NEVER beable to take back or fix the the harm you have caused!!


March 3, 2011 by Really... (not verified), 4 years 12 weeks ago
Comment: 319

Due Process??? The victims had a gang of boys who think they are above everyone else hold them down and sexually assult them against their will! Just because thier backs were to these boys and they couldnt say exactly which one did the penetrating- they get off??? How is that justice? It just goes to show you that certain people can get away with just about anything in small towns... so sad.

Really- what a fool

March 10, 2011 by justice, 4 years 11 weeks ago
Comment: 329

I do believe it was stated the victim was on his back looking up, but was still unable to tell who was on top of him. Thats the fact, you need to Really get your story correct. Not sure how someone on there back can not see who is on top of them, unless it didn't happen. Lies will get you nowhere here Really! To many people know the truth.

Really's Condemnation

March 9, 2011 by truthsayer (not verified), 4 years 11 weeks ago
Comment: 328

Why does "Really" believe these boys think themselves above everyone else? Does he actually know them or just have the inferiority complex he so obviously portrays? I know most of the "gang" he speaks of, well. They are fine young men with promising futures, in-spite of Really's efforts. These are kids I would trust to babysit my young children without hesitation. I know "Really" will condemn me for that. I also know that he is void of facts and lusty with hatred. "Really" continues to accuse them of crimes the prosecution itself has abandoned and some heinous ones never even considered. If were one of these young men I would be initiating a law suit against Really! I hate bullies, always have.

Due Process

March 9, 2011 by Brokeblackfootc..., 4 years 11 weeks ago
Comment: 327

I have taken an interest (or a hobby) in this because of the large amount of tax dollars being spent and most of us,and needed programs, are barely getting by or broke. I have done my research, given my opinions about the monies and since moved on to another topic where our money is being wasted. I mean President Bush on Oprah? A former President on a talk show? President Obama also went on talk shows, must be the thing these days. Whatever happened to going on real shows with real topics? No wonder we are where we are, I don't want to hear about their feelings I want to hear their stand about government issues. Even though they would be fish tales. I like to say fish tales because lies is such an ugly word.
Anyway, I did my research and you can write all you want Really, but the law was ruled upon based on the law. The judge helped out the Prosecution by telling them what they needed to file to bypass the loop hole for the rest of the boys. Which interests me about some conspiracy? Being an outsider looking in, you must be related in some way Really. On that note, I am assuming you were there. There or not there it is easy to get audio, just ask channel 8 news. I think you would be interested to hear the fish tales under oath. It doesn't take a legal analyst to catch those. I am glad this boy took a plea. He is owning up to something. Kind of like those daily soaps, tune in tomorrow to see what the boy pleads. At least there will be no trial and I will keep some money in my tax paying pocket. Yes, my family does regret getting me a computer as a present.

Expensive Misdemeanors!!

March 2, 2011 by Brokeblackfootc..., 4 years 12 weeks ago
Comment: 318

I am still on my soapbox about my tax dollars. I noticed that it took one day to pick a jury the first time and this time it is taking two days. What happens on the third trial, three days? They don't even know if the can get 30. If they don't then it starts all over. Even jury selections are being inflated. I wonder if this jury inflation is a prediction to gas inflation? I better fill up at 3.17 a gallon and then stay home to write my opinions.
I let the curious cat get me yesterday and stopped by the courthouse to see how this all worked and it was a nice day to get out. My question is why Detective Newbold sits at a jury selection? Shouldn't he be out detecting? So, we are paying him to sit there? Wow I had the wrong business. I didn't know this, so add his salary to my already estimated figure over $100,000 so far on this case.
These are misdemeanors!!! You are spending hundreds of thousands of dollars on misdemeanors. There are protests going on all over for education, unemployment is high, highly beneficial programs are being cut and people in our own backyard are homeless. I must be stupid. I know I will think twice at election day for the prosecutor. Wasted time and money just like the nurse case. My other question is why the media doesn't report on this in their financial section. This is a big chunk of change in my fiancial books.


February 28, 2011 by Brokeblackfootc..., 4 years 12 weeks ago
Comment: 315

My tax money my problem. I wanted to see where my Bingham County was spending my hard earned money. So. I put on my reading glasses, dusted off a government book and used my not so good computer skills. First, what ever happened to that saying, innocent until proven guilty? Wow Blackfoot you failed in that area. Second, the boy followed the judicial system and was found not guilty. First he is guilty until proven innocent (not right) and now he is proven innocent and still guilty (Not right). Whoever is writing these comments is either a blooming idiot or is trying to make financial gain on my dime. I researched the case and there were some fish tales on the stand. Probably what fueled the comments behind making them go through the testimony. Luckily, I have the time to do the research, and not just read what I would assume to be the families, put under comments.
Just an estimate but I would guess taxpayers are up to $100,000 on their tab so far after all that I researched. I just want to end with; There are still people in Bingham County and even Blackfoot, that still believe in Innocent Until Proven Guilty.
I wish these boys the best of luck. It appears to me that the prosecution has made everybody a victim involved, even us taxpayers.

We all knew the inevitable

February 25, 2011 by pikuni2010, 4 years 13 weeks ago
Comment: 313

We all knew the inevitable was gonna happen. But if the judge was gonna let these boys go then he should have thought of the humility of the victims when they testified. He should have looked at all the evidence and decided then and thee to not pursue this case. I call this hillbilly justice, the good old boy system. No one is ever gonna get a fair trial in blackfoot and if your an athlete or you have money then you will get away with everything here.

Due process

February 28, 2011 by athletesmom, 4 years 12 weeks ago
Comment: 316

Judge Roos, within "due process" made the decision that that there wasn't enough evidence against the juvenile in this case. His decision was lawfully correct; and hopefully this accused, but exonerated, young man can move on in the wake of all this ugliness. He received "fair" treatment under "due process" of the law. Much more in this whole case is yet to come, and yes; it will be controversial!!!

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