美国加州尔湾分校(UCI:University of California, Irvine)于周一发布校方邮件称,不久前在中国留学生圈闹得沸沸扬扬的大一中国留学生疑似涉嫌性侵的事件主人公李高阳Gary于2月22日晚在洛杉矶国际机场(LAX)被尔湾警方逮捕,现被关押在橙县监狱(Orange County Jail),保释金为100万美金。
在40个角色中,我最终选择了16个,我想我能坚持到最后。没错,只有16个。不是很多人。虽然我确实在Twitter上进行了一些民意调查,但这些预测大多来自我,贝丝·埃尔德金(Beth Elderkin),一个观看HBO电视剧《权力的游戏》(Game of Thrones)的人。虽然我对其中很多都很有信心,但我相信这部剧一定会让我大吃一惊。我没有把龙和冰原狼也包括在内,但总而言之,它们会没事的。除了冰龙。他的冰烤面包。
「除声明者在庭审或者听证过程中发表的以外,用于证明所宣称事情真实情况的声明。」
「statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted」。
有点绕,举个例子:
假设 A 的助理 B 对 C 说:「我的老板 A 邀请你晚上来酒局」,C 想要证明 A 邀请了自己,但如果 A 和 B 无法作证,那么想要用「我的老板 A 邀请你晚上来酒局」这段话证明 A 作出了邀请,就有可能被作为「传闻」而被法院排除。(感谢
@踩雪猫
指出一开始表述的不准确之处。)
MINNEAPOLIS (AP) — The Latest on prosecutors decision in U.S. not to file charges against Chinese billionaire in alleged assault (all times local):
6:30 p.m.
The attorney for a University of Minnesota student who alleges she was sexually assaulted by Chinese billionaire Richard Liu says the woman is planning to sue.
Attorney Wil Florin says a civil jury should determine whether Liu, his company, Beijing-based e-commerce site JD.com, and their representatives “should be held accountable for the events of that night.”
Florin issued a statement after Minnesota prosecutors on Friday declined to charge Liu.
Florin would not give details of the planned lawsuit, but told The Associated Press it would be in the U.S.
Liu was arrested Aug. 31 and released. He returned to China. He was in Minneapolis for a weeklong residency as part of the University of Minnesota’s doctor of business administration China program.
Liu’s attorney says the billionaire was arrested “based on a false claim” and that the decision not to file charges “vindicates him.”
5:15 p.m.
Chinese billionaire Richard Liu says a decision by Minnesota prosecutors not to charge him after a student accused him of sexual assault last summer proves he broke no law.
Liu issued a statement on his Chinese social media account after prosecutors announced Friday that he would not be charged.
Liu’s company, Beijing-based e-commerce site JD.com, shared his statement with a translation he provided. Liu says he did not respond to comments on the internet while the investigation was ongoing to avoid interfering with police and prosecutors.
And while Liu will not be charged, he says his interactions with the woman have hurt his family, especially his wife. He says he feels “deep regret and remorse” and hopes his wife can accept his “sincere apology.”
Liu also thanked his colleagues at JD.com for “remaining focused” on their business.
3:50 p.m.
An attorney for a woman who accused Chinese billionaire Richard Liu of sexual assault says Minnesota prosecutors never spoke to the woman before deciding not to charge Liu.
Attorney Wil Florin said Friday that the Hennepin County Attorney’s office never asked to meet with the woman and never asked her a question.
Florin also criticized the prosecutor’s office for announcing its decision in a news release before the Christmas holiday “without even giving her the common courtesy of a meeting to advise her of their intentions.”
A spokesman for Hennepin County Attorney Mike Freemen declined comment. A Minneapolis Police Department spokesman says police spoke with the woman “a number of times.”
Prosecutors said they decided not to charge Liu because of “profound evidentiary problems.” His attorneys say Liu was arrested “based on a false claim.”
2:45 p.m.
An attorney for Chinese billionaire Richard Liu has welcomed a decision by Minnesota prosecutors not to charge him after a Chinese citizen at the University of Minnesota accused him of sexual assault.
Jill Brisbois, an attorney for Liu, said Friday that Liu was arrested “based on a false claim,” and that the decision by Hennepin County prosecutors not to file charges “vindicates him.”
Despite the prosecutors’ decision not to file charges, Brisbois says Liu’s reputation “has been damaged like anyone falsely accused of a crime.”
Prosecutors said Friday that “profound evidentiary problems” would have made it “highly unlikely” that any charge could have been proven beyond a reasonable doubt.
Liu is founder of the Beijing-based e-commerce site JD.com. He was arrested Aug. 31 on suspicion of felony rape and released. He returned to China.
1:55 p.m.
Minnesota prosecutors say there will be no charges filed against Chinese billionaire Richard Liu, who was arrested in Minneapolis after a Chinese college student accused him of sexual assault.
Liu is founder of the Beijing-based e-commerce site JD.com. He was arrested Aug. 31 on suspicion of felony rape and released. He returned to China. Prosecutors said Friday that “profound evidentiary problems” would have made it “highly unlikely” that any charge could have been proven beyond a reasonable doubt.
Liu was in Minneapolis for a weeklong residency as part of the University of Minnesota’s doctor of business administration China program.
Liu’s attorneys have said he is innocent. JD.com has said he was falsely accused.
Liu is known in Chinese as Liu Qiangdong. He is worth $7.5 billion.
另外,在刑事案件中,被告人不可能被缺席判决,而民事诉讼中如果一方在程序规定期限内没有应诉,法院是可以做出缺席判决(default judgement)的。另一点不同是,在刑事案件中,被告人受第五修正案保护,可以拒绝作证。而在民事诉讼中,法院可以通过传票,强制法院认为有必要的证人作证。如果发生这样的情况,那么双方就不得不把事情摊开来说明白,并且需要经受对方的交叉质询。