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The Civil Cases Four civil cases have been brought forward against Brady Smith and Unit 4 schools (which serve Champaign). The first civil case was John Doe 1 and his trial was in May of 2004, concerning molestation that he reported in 1996. His case was the weakest of the five, because it was the first case that was actually reported to officials. This was the case for which there was insufficient evidence to proceed in a criminal trial in 1996, and which John Piland himself did not include as a victim in the criminal charges. Brady and the school district were found not guilty during this trial. But, before drawing conclusions about this, consider the following:
Piland has compared this case to the one in 2001 as evidence that the plea bargain was justified. However, in addition to all the reasons above for why this case was much weaker, the main reason for not comparing them is that the plea bargain case had a solicitation on audiotape as evidence, which should have eliminated the need for a plea bargain. Since Piland had dismissed all the other charges, all he had to do was put the audiotape in front of a jury to prove solicitation. This is very very different from what had to be proven in the civil case. Others Cases Settled Out of Court The civil cases that actually do compare to the criminal case are the victims who were actually listed in the criminal cases. These other civil cases have been settled out of court (see news story here). The insurance company handling the case offered $352,000 to settle the cases, which was a lot of money to the boys, and they agreed to it. Note that the defense attorneys settled right before trial. There was not that much more money they would have spent had the case actually gone to trial. So, it appears that those cases were strong enough that the defense did not want to go forward with it. The John Doe I ruling is now on appeal, and they are hoping to get a positive ruling so they can introduce additional evidence in a later trial. |