tag:blogger.com,1999:blog-4684463172854959042.post2687080416558646265..comments2024-02-27T17:43:37.207-05:00Comments on View From the Racetrack Grandstand: Do Horsemen Have Constitutional Rights?That Blog Guyhttp://www.blogger.com/profile/15487597769210721585noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-4684463172854959042.post-76703767919864419092012-08-20T19:18:11.243-04:002012-08-20T19:18:11.243-04:00Pacingguy:
Original poster here again. I agree...Pacingguy: <br /><br />Original poster here again. I agree the federal case is not about race fixing and the drivers are legally entitled to invoke the fifth amendment.<br /><br />My point about the drivers exposing themselves is because the burden of proof is now on them as the plaintiffs. If the government in an effort to prepare or present its defense can't get sufficent answers or documents from the drivers during deposition or trial, I doubt a court would rule in favor of the drivers.<br /><br />Maybe there's an attorney reading this blog who could chime in with an opinion.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4684463172854959042.post-13263921897884094732012-08-20T08:53:10.831-04:002012-08-20T08:53:10.831-04:00I'm all for the courts getting involved in hor...I'm all for the courts getting involved in horse racing. Maybe the threat of a stiff jail sentence will deter cheating from race fixing to drugs.Cangamblehttp://cangamble.blogspot.com/noreply@blogger.comtag:blogger.com,1999:blog-4684463172854959042.post-23502734973651742082012-08-20T08:25:07.601-04:002012-08-20T08:25:07.601-04:00I would disagree with your assessment. I don'...I would disagree with your assessment. I don't think the drivers are exposed at all. This is a case of civil rights being violated, not whether or not they were involved in an alleged race fixing scheme. <br /><br />The drivers can still claim the fifth ammendment in a civil suit as well.<br /><br />Evidence must be obtained through legal sources. You can't demand someone incriminate themselves. If the state couldn't make a case through legitimate methods, you can't suspend someone because you suspect they are doing something. Private tracks can ban someone on suspicion, but not government.<br /><br />That Blog Guyhttps://www.blogger.com/profile/15487597769210721585noreply@blogger.comtag:blogger.com,1999:blog-4684463172854959042.post-51743056986451052982012-08-20T00:18:09.026-04:002012-08-20T00:18:09.026-04:00Suing the state could leave these drivers more exp...Suing the state could leave these drivers more exposed than the hearings that got them suspended.<br /><br />With the drivers taking the offensive with a civil suit, the state's attorneys will have the right to ask more questions and demand records that wouldn't be allowed under criminal proceedings.<br /><br />I don't know which side,if either, did something wrong. But the drivers are opening the doors to their lives and the court will allow Michigan to take a good look so it can prepare a defense.<br /><br />Anonymousnoreply@blogger.com