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JD Withheld From Alleged Rapist at University of San Diego

university san diego law.jpgOne University of San Diego Law School student isn’t worrying about deferrals. He’s worrying about defense strategies. From the San Diego Union-Tribune:

A 30-year-old Marine Corps captain will face a court- martial Feb. 8 on rape and other charges involving three University of San Diego students in April 2007, a judge ruled today.

At the time of the alleged crimes, Capt. Douglas S. Wacker was on unpaid leave from the military to pursue a law degree at the university and on a spring break trip to New Orleans with the three alleged victims.

So not a very fun spring break trip for those San Diego law students.

According to the Union-Tribune, the New Orleans D.A. and a USD administrative board both looked into the allegations and decided not to pursue them, even though — according to one USD student — Wacker’s a “creeper”:

This guy was a 3L last year and was on the moot court board. A lot of people thought he was a real creeper.

Wacker may well be a creeper, but whether he’s a rapist is yet to be determined. The University of San Diego won’t be giving him a degree until that’s sorted out though. The University’s message to students AND an update — analysis from a lawyer and former Marine as to Wacker’s fate — after the jump.

The University is withholding Wacker’s degree pending the outcome of the court martial. The USD administration sent out the following message to law students this week:

Dear Law Student,

Local media have recently reported that a person who was previously enrolled as a University of San Diego law student faces criminal charges of rape and other serious offenses in connection with off-campus incidents involving other of our students. The accused person is not currently enrolled at USD. Out of respect for the privacy of all involved and in accordance with laws protecting student privacy, the university cannot disclose additional information about this matter.

When allegations like this arise within a small community such as ours, they can give rise to unsettling emotions. Within the law school, students are welcome to seek assistance from our dean of students, Carrie Wilson. Students may also take advantage of the many professional services provided by the University’s Counseling Center. For assistance accessing Counseling Center services, please call 619-260-4655, or visit https://www.sandiego.edu/usdcc/services.php

While we recognize the seriousness of these allegations, we hope that they will not distract you from your studies. We reaffirm the university’s commitment to provide you with a safe and nurturing place to pursue them.

Kevin Cole
Dean and Professor of Law

It seems strange that the assault took place in 2007 and that a “USD administrative board cleared Wacker of misconduct,” according to the Union-Tribune, but that Wacker now “faces 11 counts of rape, attempted rape, indecent assault, obstruction of justice and conduct unbecoming an officer.” What exactly is USD’s definition of “safe and nurturing”?

A lawyer e-mailed us with some analysis from a former Marine’s perspective:

To someone who has never served in the Marines, yes it may seem strange that USD and the New Orleans DA would clear the Marine Captain of any wrong-doing, and yet he’s facing a Court Martial. I’d wager that there was probably a lack of corroborating evidence other than he said/she said and that’s why the DA declined to file charges and why USD cleared him of wrong-doing. However, the Marine Corps is a different animal. Having been a Marine (and now an attorney) I can tell you that the Corps doesn’t necessarily need corroborating evidence to find that this guy guilty of something.

Whether the Captain is really guilty of rape will probably never come out. However, the Marine Corps takes a lot of well-deserved pride in its image, and the Captain has tarnished that image. (he’s a national headline that has “Marine Corps” tied to it) Because of this he’s going to have to pay a price - whether or not he truly committed rape. At the very least he will be convicted of “conduct unbecoming of an officer.” His conduct probably does warrant that. The other charges are probably just the prosecutor “throwing the book” at him in order to get him to plead guilty to something - which would be conduct unbecoming of an officer. (a charge that he probably won’t be able to beat - even if Johnny Cochran was defending him)


Marine captain to face court-martial on rape, other charges [San Diego Union-Tribune]
Court-martial date set for Marine in rape case [San Diego Union-Tribune]

Comments

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1 Posted by guest | Permalink Friday, August 21, 2009 1:09 PM

I don't know how to count.

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2 Posted by guest | Permalink Friday, August 21, 2009 1:13 PM

First to say first! Also, first to say give the douche bag his degree! He won't pass character and fitness anyway. . .

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3 Posted by guest | Permalink Friday, August 21, 2009 1:13 PM

I suppose I should know the answer to this question, but is USD accredited by the American Bar Association?

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4 Posted by guest | Permalink Friday, August 21, 2009 1:19 PM

11 counts of rape, 3 victims? What a stud!

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5 Posted by guest | Permalink Friday, August 21, 2009 1:21 PM

Clear this up for me. . . .

On a trip to NOLA, he is supposdely or raped three different classmates.

The Orleans Parish DA decides not to pursue the case.

The law school clears him of everything.

He has all the credits he needs to graduate

The school won't give him the diploma?

That makes no sense to me, on what grounds is the school not giving him the diploma?

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6 Posted by guest | Permalink Friday, August 21, 2009 1:21 PM

I vote all USD law students have their JD degrees withheld. There should be some higher standards for the degree than USD.

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7 Posted by guest | Permalink Friday, August 21, 2009 1:22 PM

This guy could give Bill Clinton a run for his money.

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8 Posted by guest | Permalink Friday, August 21, 2009 1:23 PM

Yes I just read my typo please ignore

-5

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9 Posted by guest | Permalink Friday, August 21, 2009 1:25 PM

3, USD is an online school not eligible for ABA accreditation. However, it is accredited by the State Bar of California, so rising 2L's take the 'baby bar' and are then eligible to keep studying if they pass; upon graduation, they can sit for the CA bar exam and may be able to eventually get into other jurisdictions by reciprocity.

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10 Posted by guest | Permalink Friday, August 21, 2009 1:26 PM

I don't know who called Wacker a creeper but he's never been anything but a good guy to me and my friends. He's been cleared by the DA, he's been cleared by the school, and it sucks that not only does he have to go through another ordeal about the exact same thing, he now has to have his name dragged through the mud on ATL. I get the policy that if a law student's name is in the news, you'll publish it, but it sucks when its your friend. He's a good guy and he deserves to have his name cleared and get the degree he worked his ass off to earn with the rest of us.

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11 Posted by guest | Permalink Friday, August 21, 2009 1:28 PM

5 is completely correct. Elie's insistence on injecting political liberalism into this blog is the only basis for his not being given a degree.

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12 Posted by guest | Permalink Friday, August 21, 2009 1:30 PM

5 = the guy from the story

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13 Posted by guest | Permalink Friday, August 21, 2009 1:31 PM

3 and 9, USD is very much so an accredited school and is ranked number 61. Thanks.

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14 Posted by guest | Permalink Friday, August 21, 2009 1:31 PM

I guess n. WACKER STUD has officially been outted. Extra creepy when accused rapists refer to themselves as "stud."

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15 Posted by guest | Permalink Friday, August 21, 2009 1:33 PM

The name fits the bill: Wack-O, Wack-Off, Wack-Job. How more appropriate can it be?

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17 Posted by guest | Permalink Friday, August 21, 2009 1:33 PM

13, the question was about ABA accreditation, not State Bar accreditation. As noted, that's a form of accreditation but requires the baby bar to be taken by rising 1Ls. See: http://calbar.xap.com/Applications/CalBar/California_Bar_1st_Year_Exam/default.asp

Thanks.

-- 9.

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18 Posted by guest | Permalink Friday, August 21, 2009 1:40 PM

"So not a very fun spring break trip for those San Diego law students."

Way to convict him already Kash. Not only is he entitled to the presumption of innocence as a legal matter, but as an USMC Officer, he should be given the benefit of the doubt until proven otherwise.

I have absolutely no knowledge as to whether a crime or crimes ocurred. But I do know that false accusations are made. So let's not be too quick to cast apersions, especially when the local D.A. decides not to prosecute, mmmkay?

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19 Posted by guest | Permalink Friday, August 21, 2009 1:40 PM

Wacker? I don't even know 'er!

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20 Posted by guest | Permalink Friday, August 21, 2009 1:40 PM

9, I'm pretty sure we're on this list of ABA accredited schools and I'm pretty sure I just took the bar without having to take a baby bar. Thanks.

http://www.abanet.org/legaled/approvedlawschools/alpha.html

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21 Posted by guest | Permalink Friday, August 21, 2009 1:41 PM

As far as I'm concerned, those three bitches ought to get in line everyone else at USD who were already raped when they forked tuition over

lulz

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22 Posted by guest | Permalink Friday, August 21, 2009 1:42 PM

20, I didn't realize USD had received provisional accreditation. When did that happen? Do you know what happens if accreditation is revoked before you graduate? Would you have to take the baby bar after all?

-- 9.

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23 Posted by guest | Permalink Friday, August 21, 2009 1:43 PM

17/9, USD has been an ABA accredited law school since 1961. http://www.abanet.org/legaled/approvedlawschools/alpha.html

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24 Posted by guest | Permalink Friday, August 21, 2009 1:43 PM

USD is ABA accredited. Students do not have to take the "Baby Bar." The above commenters are misinformed.

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25 Posted by guest | Permalink Friday, August 21, 2009 1:44 PM

Wait, so who's right? 9/17 or 13/20?? Please clarify

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26 Posted by guest | Permalink Friday, August 21, 2009 1:46 PM

18 = FAIL.

Whether the students were raped (and thus had a not very fun break) and whether Wacker did it are two separate issues.

Kash's statement is not a pronouncement of guilt.

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27 Posted by guest | Permalink Friday, August 21, 2009 1:46 PM

13/20 is right. See the list. http://www.abanet.org/legaled/approvedlawschools/alpha.html

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28 Posted by guest | Permalink Friday, August 21, 2009 1:48 PM

Cal Western and Thomas Jefferson schools of law are the unaccredited ones. USD is the expensive private school with a top 15 faculty and a terrible rating since no one leaves SD after they leave school like they do when they attend schools in less desirable locations.

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29 Posted by guest | Permalink Friday, August 21, 2009 1:51 PM

23/24/27, I'm confused. If USD has been provisionally ABA accredited for that long, why did its rising 1Ls have to take the baby bar in 2004? And isn't thirty years an awfully long time to be provisionally accredited? It makes me wonder if something is going on there.

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30 Posted by guest | Permalink Friday, August 21, 2009 1:51 PM

these comments are hilarious
- 3L at CBA school

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31 Posted by guest | Permalink Friday, August 21, 2009 1:51 PM

Latham

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32 Posted by guest | Permalink Friday, August 21, 2009 1:52 PM

I think there's some misinformation being spread on this board. USD's law school has applied for accreditation, but their application is still pending. I wish the school and its students the best of luck though.

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33 Posted by guest | Permalink Friday, August 21, 2009 1:52 PM

Do USD Grads need to take the bar if applying for paralegal?

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34 Posted by guest | Permalink Friday, August 21, 2009 1:53 PM

It's not hard to check the list people. Cal West and Thomas Jefferson are ABA accredited. http://www.abanet.org/legaled/approvedlawschools/alpha.html

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35 Posted by guest | Permalink Friday, August 21, 2009 1:54 PM

PE is thinking about re-activating his twitter account. If there are ten indications of interest by 3:00 p.m. ET today, he will do it. Otherwise, he will transcribe his tweets in his personal diary for his own personal consumption.

Scott Boras (PE's agent)

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36 Posted by guest | Permalink Friday, August 21, 2009 1:55 PM

29/32/ - its not provisionally accepted, its not unaccredited, its an ABA accredited school and you sound like you're bitter because you couldn't get in to pay for an overpriced education and be stuck under a massive pile of debt. No baby bars, just the real thing in any of the 50 states or DC for its grads.

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37 Posted by guest | Permalink Friday, August 21, 2009 1:56 PM

Kirkland's making calls. Just got no-offered. Off to off myself.

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38 Posted by guest | Permalink Friday, August 21, 2009 1:56 PM

26, 18 here, Kash's statement was a pronouncement that the alleged victims were in fact victims, i.e. that a crime or crimes occured. In context of the quote, it was clearly meant to be associated with the Captain as the alleged perpetrator.

Again, I have no idea what, if anything, happened, but Kash's statement was a leap that something DID happen, which, in context, implied that the Captain was involved. I'm just saying we don't know anything, that he is presumed to be innocent, and we should limit the editorializing of a potentially very serious situation (for everyone involved) until there has been an adjudication (although you can't prove a negative, and the D.A. did pass). For all we know--and we do NOT know--the Captain could be the victim of false allegations. Or not. We don't know, but in the absence of knowing, he gets the presumption of innocence. My two cents.

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39 Posted by guest | Permalink Friday, August 21, 2009 1:59 PM

Please clarify. Do I, or do I not have to take three different bars if I am a 1L at the University of San Diego Law School .

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40 Posted by guest | Permalink Friday, August 21, 2009 2:01 PM

The University of San Diego School of Law's accreditation was revoked by vote of the American Bar Association's House of Delegates at the recently concluded ABA Annual Meeting in Chicago. The ABA needs to update its website to reflect the change. However, if you go to the AALS website, you will see that the school has been removed from its list.

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41 Posted by guest | Permalink Friday, August 21, 2009 2:03 PM

29 -- I had heard that USD law's application for accreditation was still pending, but if they've been provisionally accredited, they've made more progress towards accreditation than I thought. Good for them.

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42 Posted by guest | Permalink Friday, August 21, 2009 2:04 PM

So the locals declined to prosecute, the disciplinary board declined to pursue it, and these alleged rapes occurred 2-3 years ago apparently during some partying in New Orleans. Raises some red flags. Putting that aside, what possible relevance do the criminal charges have with whether he satisfied the requirements for his degree?

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43 Posted by guest | Permalink Friday, August 21, 2009 2:04 PM

I wouldn't assume that the DA's decision not to prosecute means anything. Likely the military told the DA they'd handle it, so the state backed off. The military takes care of its own - which includes prosecuting service members who commit crimes off-base.

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44 Posted by guest | Permalink Friday, August 21, 2009 2:05 PM

36, if it's not provisionally accredited, then why do rising 1L's have to take the baby bar?

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45 Posted by guest | Permalink Friday, August 21, 2009 2:06 PM

I feel like I went to Loyola!

-Lathamed First Year

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46 Posted by guest | Permalink Friday, August 21, 2009 2:08 PM

Accreditation = Dumbest Meme on ATL ever.

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47 Posted by guest | Permalink Friday, August 21, 2009 2:10 PM

I'll take Therapist for the WIN

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48 Posted by guest | Permalink Friday, August 21, 2009 2:11 PM

Don't be assholes, USD is accredited on AALS too.

http://www.aals.org/about_memberschools.php

Nothing is provisional, nothing has been revoked, nothing has been changed. No baby bars, no worrying about taking bars out of state, no revocation.

If you're a 1L at USD, you only have to take the bar after your 3L year in the state which you wish to become licensed. Can we drop it already?

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49 Posted by guest | Permalink Friday, August 21, 2009 2:12 PM

The University of San Diego School of Law is fully accredited by the ABA. Students do not have to take the "baby bar." The school's accreditation was never revoked or suspended by the ABA.

It appears that some commenters get pleasure out of spreading false information.

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50 Posted by guest | Permalink Friday, August 21, 2009 2:13 PM

Perhaps the law school is not familiar with the innocent until proven guilty concept. Until it is, it shall remain TTT.

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51 Posted by guest | Permalink Friday, August 21, 2009 2:13 PM

18, I agree with you that he's entitled to the presumption of innocence as a matter of criminal law. But I don't see why his status as a USMC officer entitles him to anything more. Being part of the military does not entitle one to greater rights than civilians.

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52 Posted by guest | Permalink Friday, August 21, 2009 2:13 PM

I guess everyone's got a little Captain in them, especially those three chicks.

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53 Posted by guest | Permalink Friday, August 21, 2009 2:13 PM

I am sick and tired of gunners getting persecuted and subject to abuse of process just for being gunners. Look, I don't know the facts here and make no statements regarding the victims, but this guy was on moot court and obviously pretty much on point and at the top of his gunning game. This raises some disquieting questions for me.

We've all seen the peons, too scared and/or too stupid to speak in class, "attacking" gunners merely for doing the whole class the favor of advancing the ball. I say "attack" because, until now, most peons issued their gunner criticisms in hushed tones and muffled giggles in their sad peon study-group cabal huddled in a library basement study room, door firmly shut, always fearful that the gunner, with his ultrasonic hearing and extra-human facilites, might hear their envious whimpers and take them to task on it, just like he does every professor and law in general.

But this cowardly new world of gunner abuse, where peons can lodge baseless moral attacks and criminal charges against a gunner is sickening. And we just sit here. "This fits in with his gunner MO of proceeding without approval for his own gratification," we all think. We secretly judge "well, even if he's innocent, he deserved it for arguing for twenty minutes in class about the business judgement rule." Why do we bite the hand that feeds us? Why do we seek to dam the font of wisdom?? What kind of world do we live in where jealousy trumps progress. where we would rather be righteous than elucidated?

I am confident that, if there is any hope for our society, this gunner will be cleared of all charges and issued his hard-sought-after diploma. I can only pray that it won't drive the peons to escalate their future gunner attacks.

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54 Posted by guest | Permalink Friday, August 21, 2009 2:14 PM

Can someone link to a story as to what the accuser's accusations ACTUALLY ARE.

As a practical matter, sexually assaulting three women involves substantial logistical difficulties. . .

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55 Posted by guest | Permalink Friday, August 21, 2009 2:14 PM

How did he rape three women? Does he have a three headed dick?

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56 Posted by guest | Permalink Friday, August 21, 2009 2:16 PM

50-
What does "innocent until proven guilty" have to do with 1L's at USD having to take multiple bar exams? I don't follow. Please explain.

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57 Posted by guest | Permalink Friday, August 21, 2009 2:16 PM

52 = win

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58 Posted by guest | Permalink Friday, August 21, 2009 2:19 PM

I often wonder what Kash looks like naked.

The Wonderer

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59 Posted by guest | Permalink Friday, August 21, 2009 2:21 PM

Wacker is a fucking creep

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60 Posted by guest | Permalink Friday, August 21, 2009 2:24 PM

"Innocent until proven guilty" rarely applies outside a criminal court. One merely needs to read the news to understand this.

Try to get admitted to a bar with any charges pending and see how it works out, let alone multiple rape charges.

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61 Posted by guest | Permalink Friday, August 21, 2009 2:25 PM

53-
Just finish the Fountainhead, did we?

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62 Posted by guest | Permalink Friday, August 21, 2009 2:25 PM

43 - you need to do a separate moral character evaluation before taking the baby bar - he probably failed it with the charges pending.

Given USD's declining bar passage rate, rumor has it they will lose the provisional accreditation pretty soon.

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63 Posted by guest | Permalink Friday, August 21, 2009 2:26 PM

48, AALS accreditation doesn't count. We meant ABA accreditation, which is still provisional.

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64 Posted by guest | Permalink Friday, August 21, 2009 2:27 PM

Discovered by the Germans in 1904, they named it San Diego, which of course in German means a whale's vagina.

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65 Posted by guest | Permalink Friday, August 21, 2009 2:29 PM

I only read the ATL post -- I didn't see where it said that the three alleged rape victims were women. Was that in the WSJ article?

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66 Posted by guest | Permalink Friday, August 21, 2009 2:29 PM

Clearly there are a lot of 1Ls posting on here who aren't aware of the running jokes on ATL. Stop freaking out about USD accredidation, commentators on this site always question a school's accredidation, even when the school is a high and mighty T14.
Also 9 - CA doesn't have reciprocity.

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67 Posted by guest | Permalink Friday, August 21, 2009 2:32 PM

Sorry - I mixed up the SD Union Tribune with the WSJ. Easy mistake.

68 Posted by mcnasty | Permalink Friday, August 21, 2009 2:32 PM

"I also know, if I might remind you, that she is commander of the Alaska National Guard. In fact, you may know that on Sept. 11 a large contingent of the Alaska Guard deployed to Iraq and her son happened to be one of them. So I think she understands our national security challenges."

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69 Posted by guest | Permalink Friday, August 21, 2009 2:35 PM

64 - No, there's no way that's correct.

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70 Posted by guest | Permalink Friday, August 21, 2009 2:36 PM

69 - I'm sorry, I was trying to impress you. I don't know what it means. I'll be honest, I don't think anyone knows what it means anymore. Scholars maintain that the translation was lost hundreds of years ago.

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71 Posted by guest | Permalink Friday, August 21, 2009 2:44 PM

I'm a rising college senior who is preparing to apply to law school. I just got my LSAT results back, and my score of 145 would make me an above average applicant at USD school of law. I've decided not to apply there though because I do not want to have to take 3 bars in order to become an attorney.

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72 Posted by guest | Permalink Friday, August 21, 2009 2:48 PM

70: Doesn't it mean Saint Diego?

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73 Posted by guest | Permalink Friday, August 21, 2009 2:50 PM

Go fuck yourself San Diego

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74 Posted by guest | Permalink Friday, August 21, 2009 2:51 PM

San Diego was named after the canonized Spaniard who spend most of his life chasing the 6 fingered man (11 total) who killed his father.

"My name is Diego Montoya. You killed my father. Prepare to die."

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75 Posted by guest | Permalink Friday, August 21, 2009 2:55 PM

74: "My name is INIGO Montoya. You killed my father. Prepare to die."

negative ghostrider.

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76 Posted by guest | Permalink Friday, August 21, 2009 2:58 PM

Dude, everybody who lives here knows that San Diego was named after Don Diego de la Vega.

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77 Posted by guest | Permalink Friday, August 21, 2009 2:59 PM

Dammit! You're right, Jim. So maybe the real name is San Inigo.

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78 Posted by guest | Permalink Friday, August 21, 2009 3:00 PM

Go Aztecs!

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79 Posted by guest | Permalink Friday, August 21, 2009 3:01 PM

People, the guy has been court-martialed. That a local DA is not prosecuting a rape does not mean a rape did not occur. The military thinks there is evidence around, and the military is pursuing it.

We don't know what occurred. Neither does the school, which is why the school is waiting to see. It is not forever denying him a diploma. It is waiting for the results of the court martial. Calm the eff down about this poor, poor victimized man. Sheesh.

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80 Posted by guest | Permalink Friday, August 21, 2009 3:04 PM

'Cause the Corps don't mess around with that.

Nice how the school cleared the guy but the Marine Corps was able to charge him with multiple crimes, conviction for which could cause him to be incarcerated for life.

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81 Posted by guest | Permalink Friday, August 21, 2009 3:04 PM

San Dieog was actually named after Saint Didacus of Alcala (aka Saint Diego), patron saint of the Francisian Order who established a missionary in the area. Thank you Wikipedia.

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82 Posted by guest | Permalink Friday, August 21, 2009 3:07 PM

Do we know whether or not the three victims are female? Otherwise, how does this guy convince three chicks to go on Spring Break with him?

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83 Posted by guest | Permalink Friday, August 21, 2009 3:07 PM

53 is doing a lot of typing. Very little of it involving actual thinking. But way to go with those words, 53! Good job. You sure know how to type.

Seriously, thought process there apparently went something like this: "Guy's on moot court. He must be smart. Hey, smart people are always getting in trouble for things they didn't do. Other people hate smart people. That must be why people hate me -- because I am so smart. It's not that I'm a tool, it's that I'm smart. Everyone is out to get us and they say lies about us. Those evil people spreading vicious lies about us! Damn them all!"

Wow.

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84 Posted by guest | Permalink Friday, August 21, 2009 3:47 PM

If the school cleared him there is no reason to deny the diploma.

That would be like my school denying me my diploma for (Mad Libs a crime here) which has nothing to do with the school. Just skimming a few school code books the only time they can withold the diploma is when the crime is directly tied to the school or school activity.

I am making no comments about his guilt or innocence just the school's actions. If he's guilty military prison includes the punishment of hard labor which sounds worse than normal prison.

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85 Posted by guest | Permalink Friday, August 21, 2009 3:59 PM

The accreditation comments really shined bright in this thread.

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86 Posted by guest | Permalink Friday, August 21, 2009 4:04 PM

How is it relevant that he is a Marine Corps captain? The press loves to mention that an alleged or convicted criminal is in the military.

And allegations of rape, as we have seen before, dramatically in the case of Duke, mean nothing by themselves.

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87 Posted by guest | Permalink Friday, August 21, 2009 4:08 PM

Uhhh, because he's been court-martialed, maybe?

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88 Posted by guest | Permalink Friday, August 21, 2009 4:10 PM

86 - It's relevant because he's being tried by court-martial.

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89 Posted by guest | Permalink Friday, August 21, 2009 4:22 PM

82 -- read the article. There were 3 women. And how would he convince them to go? Did you never go on a spring break vacation with a group of friends? Really? And if you go in a group, as a woman you're likely to think you'll be safe and there will be no misunderstandings (i.e., I've got friends here, so nothing will happen, he knows we are all just friends and nothing more). I was married in law school so didnt do the spring break thing with friends. But I had friends who did. They went in groups. Some of them mixed-gender. I don't see why that part of the story trips you up.

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90 Posted by guest | Permalink Friday, August 21, 2009 4:24 PM

Allowing school administrators to have a say in off-campus conduct is nothing but a bad idea.

Regardless of the crime, it happened about as far away from campus as can be. If he paid his tuition, passed his tests, and fulfilled the credit requirements he should get the degree.

Sorry academia, I neither need you to be nor want you to be my moral compass.

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91 Posted by guest | Permalink Friday, August 21, 2009 4:24 PM

You stay classy San Diego

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92 Posted by guest | Permalink Friday, August 21, 2009 4:26 PM

I went to school with this guy and rape charges or not, this guy was an asshole. That being said, if he did it he deserves to get butt rammed in the brig (it is poetic justice). If he did not, then he deserves to be exonerated. He shouldnt go to jail for being an asshole.

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93 Posted by guest | Permalink Friday, August 21, 2009 4:30 PM

last year's moot court board was filled with douches. Among them, Matt I. was the biggest one I've met in my life.

Doug was a major gunner but he didn't seem like a creeper. This is kinda surprising. I thought he was pretty squared away, if not annoying.

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94 Posted by guest | Permalink Friday, August 21, 2009 4:35 PM

When I graduated HS I squirted Brother Adrian in the face with a squirt gun and he tried to withold my dipoma.

I held my ground and he forked it over.

Likewise, the LS here has no grounds to withoud a degree at the last minute to a qualifyig applicant no matter what he is accused of--even if he many never practice if convicted.

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95 Posted by guest | Permalink Friday, August 21, 2009 4:37 PM

Doug is not the victim here. Don't defend him, he made some mistakes and put himself in compromising situations. Yes for the time being he deserves publicity that he is being tried for these crimes, but that does not mean that his name is being dragged through the mud.

Do you seriously think that the 3 victims are conspiring to take down Doug? I really don't know anyone that is that malicious. Rape cases are among the most difficult to prosecute and many times these crimes go un reported. Just because the DA chose not to prosecute does not mean that a crime did not occur.

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96 Posted by guest | Permalink Friday, August 21, 2009 4:40 PM

Regarding the Duke Lacrosse players. I have this sneaking suspicion that their rich mommies and daddies had something to do with the charges being dropped.

F Duke anyways, Coach K, JJ Redick, all those guys are a bunch of douches.

Go TERPS, Heels, anyone else but Duke

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97 Posted by guest | Permalink Friday, August 21, 2009 4:42 PM

94, as a private institution, I think USD can do whatever the f**k it wants.

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98 Posted by guest | Permalink Friday, August 21, 2009 4:44 PM

USD is private Roman Catholic school. My guess is the school has policies regarding moral character. If the guy enrolled at the school knowing about its policies, then he has to take his lumps.

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99 Posted by guest | Permalink Friday, August 21, 2009 4:45 PM

-96

Your ignorance is astounding. If you really believe that you are deluded and pretty sure you are beyond professional help.

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100 Posted by guest | Permalink Friday, August 21, 2009 4:48 PM

seriously doubt this was rape. very likely consensual...but stilll....i wonder who he fucked...

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101 Posted by guest | Permalink Friday, August 21, 2009 4:51 PM

Okay 89 -- I went back and read the story. It doesn't say that the alleged victims were women.

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102 Posted by guest | Permalink Friday, August 21, 2009 4:53 PM

100 -- really? Based on all you knowledge of the people involved and undoubtedly on your personal observation of the events of the night in question.

Oh, wait -- what's that? You weren't there? You know nobody involved? This is entirely speculation and conjecture? Ah, I see. You're talking out your ass. And here I thought you might know something the rest of us don't.

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103 Posted by guest | Permalink Friday, August 21, 2009 4:54 PM

97, I suggest you retake contract law

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104 Posted by KobeBryant | Permalink Friday, August 21, 2009 4:57 PM

Doug Wacker's a lot like me. You're gonna get it whether you want it or not.

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105 Posted by guest | Permalink Friday, August 21, 2009 4:58 PM

101 -- My mistake. The story that specifies the victims are women was in an article not linked in this story.

http://www.10news.com/news/20463378/detail.html

It also noted the "spring break trip" was actually part of the Student Hurricane Network (as opposed to a party trip).

-- 89

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106 Posted by guest | Permalink Friday, August 21, 2009 5:00 PM

He's being court-martialed because generals are politicians . . .and not one will risk his career on this type of issue. In their estimation, "let the lawyers and jury figure it out."

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107 Posted by guest | Permalink Friday, August 21, 2009 5:00 PM

Does USD give out free Pope-On-A-Rope-Soap to all of its incoming Freshmen/1Ls etc?

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108 Posted by guest | Permalink Friday, August 21, 2009 5:01 PM

89/105 - thanks for the link.

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109 Posted by guest | Permalink Friday, August 21, 2009 5:02 PM

102, you're a little worked up. Maybe it would be calming for you to suck on deez nuts.

- 100

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110 Posted by guest | Permalink Friday, August 21, 2009 5:05 PM

99, nothing good came out of duke. Anyone or anything related to Duke is evil.

Duke is the elitist institution in an all black neighborhood where rich white kids come down and play like they are in a 3rd world country. Who knows what happened, but I am sure that some impropriety happened.

Maybe I am biased against Duke? jsut a little, F Duke

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111 Posted by guest | Permalink Friday, August 21, 2009 5:06 PM

100/109 -- Not worked up at all, but thanks for caring. I do, however, think you're an idiot. That probably came through loud and clear. I wanted to be as obvious as possible in my comment because I was fairly certain you have a very small.... brain.

102

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112 Posted by guest | Permalink Friday, August 21, 2009 5:12 PM

Hey 103, USD has a personal conduct policy with a full honor court and all that allows them to prevent students from receiving their degrees or kicks students out for violating the personal conduct policy. Maybe I need a refresher course in K, but you need a lesson in real life K where institutions set up policies that allow them to operate however the f**k they want (within reasonable bounds). And guess what, a personal conduct policy is reasonable.

-97

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113 Posted by guest | Permalink Friday, August 21, 2009 5:21 PM

Hey 104,

You and wacker should just pay for sex like I do. Hey let me back on the Lakers please!!!! Lebron won't let me rap anymore and Steve Nash was mean to me.

- Shaq

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114 Posted by guest | Permalink Friday, August 21, 2009 5:22 PM

92, You seem to have an anal fixation. Do you want to tell us about something that may have happened to you during your childhood?

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115 Posted by guest | Permalink Friday, August 21, 2009 5:24 PM

114, what can i say, I like butt sex....(consensual of course)

- 92

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116 Posted by guest | Permalink Friday, August 21, 2009 5:25 PM

114 may I oblige u in some?

a/s/l?

-92

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117 Posted by guest | Permalink Friday, August 21, 2009 5:26 PM

102 - please stop putting me in my place. you matter so much to me and what you think of me means SO much.

-100

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118 Posted by guest | Permalink Friday, August 21, 2009 7:01 PM

15% of the USD incoming 1L class received their undergraduate degree from the University of Phoenix.

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119 Posted by guest | Permalink Friday, August 21, 2009 8:01 PM

As someone who works in the military justice system, I can tell you that the military takes many sexual assault cases to trial that a state DA wouldn't touch. It's one of the many facts that gets repeatedly glossed over any time there is an article criticizing the military for its conduct towards women in the service. That said, the military may also have coordinated with the civilian system to take jurisdiction over this case. Both entities could have prosecuted him, but that's extremely rare and frowned upon in most cases.

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120 Posted by guest | Permalink Friday, August 21, 2009 8:24 PM

I'll take The Rapists for 200, Trebek.

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121 Posted by guest | Permalink Friday, August 21, 2009 8:52 PM

I think anyone who'd use the word "creeper" to describe someone is probably also someone you'd want to avoid.

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122 Posted by guest | Permalink Friday, August 21, 2009 9:06 PM

53 -- bitter gunner with no friends who doesn't get invited to the parties thrown by cool non-gunners who don't give a shit what he thinks about the business judgment rule.

Seriously, dude, you're not adding "insight." You're just wasting precious oxygen.

Also, you're obviously a 1L if you think that people hating gunners is anything remotely new.

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123 Posted by guest | Permalink Friday, August 21, 2009 9:12 PM

USD may be ranked 61 in the USNWR rankings we are no. 1 in rape. So we got that going for us which is ... bad.

Recent USD grad with biglaw job. Great school with great regional reputation. Needs more national exposure other than for rape charges.

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124 Posted by guest | Permalink Friday, August 21, 2009 10:21 PM

93 - Not cool for putting other peoples names on this horrible website regardless of your opinion, especially someone not even completely involved. Lawyers read this, don't harm someone else's reputation due to your own personal feelings.

95 - before you start making these allegations against the defendant, you should probably get to know all the facts first. I was a victim of rape so I am obviously more sympathetic with these types of allegations. However, I also know the 3 girls who have made these allegations and if there were any 3 individuals who were vindictive and malicious enough to do so, these 3 are the first 3 individuals that would come to mind. Before coming down with a judgment that the defendant is not the victim and deserves all the negative publicity, get all your facts from a reliable source instead of basing these slanderous comments on legal gossip blogs and news articles who's information is based solely by what the USMC releases.

119 - the military did NOT coordinate with local authorities. These charges were originally all dropped against the defendant 2 years ago and the USMC decided to take it upon themselves to pursue something after the local authorities determined there was no evidence indicating rape AND after the school board reached the same conclusion. Why else could the USMC rely on leaking this case to the public, they need the public outrage because obviously they have an extremely weak case.

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125 Posted by guest | Permalink Friday, August 21, 2009 11:32 PM

124 = Definitely a douche. Possibly Wacker?

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126 Posted by guest | Permalink Saturday, August 22, 2009 12:15 AM

124 - just expressing my OPINION, homie. Take it or leave it. Either choice is fine with me.

- 93

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127 Posted by guest | Permalink Saturday, August 22, 2009 3:13 AM

Contrary to a comment here, the University of San Diego gets plenty of national attention; unfortunately, in the form of childish posts on this site. Twice in a single year, I've been embarrassed to have someone in the profession send me links to a sophomoric thread regarding my school. Typically I avoid this repository for the ridiculous, but since I have special insight to the military, allow me to rejoin some of the claims here.
To the commenter decrying any special treatment to the Captain: A Marine, particularly an officer, doesn't enjoy any greater rights than a civilian, but rather, surrenders many on choosing to serve. For example, a military officer's "Freedom of Speech" is specifially abridged by the Uniformed Code of Military Justice. In addition to reduced benefits of citizenry, military pay also lags behind civilian equivalents. So, someone serving in the military has likely been motivated by service to others versus personal considerations. This is unselfishness; this is an indicator of one's humanity; and this rings particulary discordant to the alleged crimes. Thus, when someone writes, as in this thread, a Marine officer deserves the benefit of the doubt, the author is not invoking a "Military discount" but instead points to a rational inference of moral character from available evidence: that the defendant is a Marine who dedicated himself to the service of his country. Of course, such an inference is not sacrosanct, but in the present situation and unless we forego the concept of "innocent until proven guilty," nothing in the news or presented here contravenes it.

None of the other facts available from the reports bear on the veracity of the charges, the credibility of the parties, or the motivations of the DA, USD, or the Marine Corps, irrespective of all the henhouse cackling proffered here. Even the two knowledgeable comments made about the military justice system are generalizations that may or may not be applicable to the case at issue.

There is only one certainty: someone has undergone a life-changing trauma. Either one person, at least, has been a victim of a sexual assault or one person has been wrongly accused of commtting a sexual assault. I can't imagine the many ways such an experience negatively affects one's life: intimate relationships, friendships, career. But what lies further beyond my comprehension is how anyone could post on this website anything other than condolences to the wronged party and a call for truth and justice. I can only imagine the anonymity of posting as a "guest" gave the childish ones the guts to be glib, or worse, to insult and to accuse. I cannot fathom their lack of compassion; the recklessness of their words. To them I say this: the verdict is already in on you, and consider yourself lucky I don't stand in judgment over your degree conferment or admittance to the bar .
Disdainfully yours,
Chris Surmeier, 1stSgt USMC (Ret.)
USD School of Law 2010

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128 Posted by guest | Permalink Saturday, August 22, 2009 7:11 AM

WTF?!? "So, someone serving in the military has likely been motivated by service to others versus personal considerations. This is unselfishness; this is an indicator of one's humanity; and this rings particulary discordant to the alleged crimes."

Pack it up. We're done for today folks.

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129 Posted by guest | Permalink Saturday, August 22, 2009 10:45 AM

127, why did you choose to attend a non-accredited school? My understanding was that many accredited schools have a preference for admitting veterans.

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130 Posted by guest | Permalink Saturday, August 22, 2009 5:02 PM

129 = Fail. Sorry. The "joke" is just fucking lame and played out...especially at this point. But I'm sure YOU think you're funny.

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131 Posted by guest | Permalink Saturday, August 22, 2009 6:04 PM

127, perfectly stated.

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132 Posted by guest | Permalink Saturday, August 22, 2009 6:34 PM

130, I was serious. Many ABA accredited schools give preference to veterans.

-- 129.

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133 Posted by guest | Permalink Sunday, August 23, 2009 1:19 AM

Instead of witty comments about "Wacker," the thread is polluted with this accreditation bullshit.

Talk about played out. So boring.

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134 Posted by guest | Permalink Sunday, August 23, 2009 2:26 AM

Dear 127:

Stand down top! In the future, please refrain from associating the marine corps. with Davis Law. By associating Davis law with the Corps., you are sullying the reputation of every marine that has ever worn the uniform. If you continue to desecrate the Corps. by associating it with Davis Law, I will recommend UCMJ Article 15 proceedings against you and have you demoted to buck private. I hope you transfer to a better school and make us proud. Now, at ease and as you were.

Semper Fi (hoo rah!)

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135 Posted by guest | Permalink Monday, August 24, 2009 11:49 AM

134: That was the most retarded thing I've ever read. It was also the lamest attempt at playing a Marine I've ever read.

Who the fuck calls a 1stSgt top? It's "Corps" you dickhead, not "Corps." It's not a corporation. Article 15 is non-judicial punihsment, and you wouldn't be demoting a 1stSgt to "buck private."

And what the fuck is "hoo rah!" Nice job homo.

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136 Posted by guest | Permalink Monday, August 24, 2009 4:45 PM

135 - I was with you until the "homo" comment. Way to instantly tarnish your own image in the eyes of hundreds, if not thousands, of your peers. Douche.

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