Patti LaBelle's Bodyguard Acquitted of Assault

[marv2]

http://abcnews.go.com/Entertainment/wireStory/patti-labelles-bodyguard-acquitted-assault-20857981

Singer Patti LaBelle's bodyguard has been acquitted misdemeanor assault in a confrontation with a drunken West Point cadet at a Houston airport terminal.

A Harris County jury returned its verdict Monday clearing Efrem Holmes in the 2011 confrontation with Richard King at a Bush Intercontinental Airport terminal.

According to trial evidence, King had a blood-alcohol level almost 3½ times above the Texas legal threshold for intoxication and didn't remember what happened the day of the incident. According to testimony and surveillance video, King approached a limousine containing LaBelle and verbally abused the performer when her son tried to block his way. King punched him, and Holmes sprang up and punched King several times.

King filed a lawsuit against the singer and Holmes. LaBelle countersued.

[marv2]

http://www.foxnews.com/entertainment/2013/11/12/patti-labelle-bodyguard-acquitted-assault-in-altercation-at-houston-airport/

HOUSTON – Singer Patti LaBelle's bodyguard has been acquitted misdemeanor assault in a confrontation with a drunken West Point cadet at a Houston airport terminal.

A Harris County jury returned its verdict Monday clearing Efrem Holmes in the 2011 confrontation with Richard King at a Bush Intercontinental Airport terminal.

According to trial evidence, King had a blood-alcohol level almost 3½ times above the Texas legal threshold for intoxication and didn't remember what happened the day of the incident. According to testimony and surveillance video, King approached a limousine containing LaBelle and verbally abused the performer when her son tried to block his way. King punched him, and Holmes sprang up and punched King several times.

King filed a lawsuit against the singer and Holmes. LaBelle countersued.

[jobeterob]

So Patti should not have been so besmirched by this incident as she was.

No wonder she and Diana are such good friends, hey Marv?

[Roberta75]

So Patti should not have been so besmirched by this incident as she was.

No wonder she and Diana are such good friends, hey Marv?

Wonder how the jury will rule on the civil lawsuit?

Roberta

[marv2]

Wonder how the jury will rule on the civil lawsuit?

Roberta

I don't know. I do know that Patti is counter suing him~!

[jobeterob]

Criminally you have to prove beyond a reasonable doubt.

In civil trials, the burden is only on a balance of probabilities; it depends on how the witnesses come across. Also, the legal fees to both sides will be significant.

I think Patti Labelle, because she was the celebrity and the apparent person with more money, got treated somewhat harshly by the Press ~ accuser, judge and jury. It sounded like the cadet couldn't remember much and several other people testified and remembered much better.

The question will be was the response warranted and if so, what are the damages. The cadet looks pretty together and undamaged in the pictures that were taken at trial.

It is possible this is something arising out of a hope that Patti Labelle has deep pockets. And who knows if she actually does.

[kenneth]

In the States, the burden in civil trials, except in a few causes of action such as Fraud, is met by a "preponderance of the evidence." I've never heard the term "balance of probabilities," but maybe it means the same thing. A preponderance means "more likely than not" that it happened the way the witness stated. Sometimes people estimate that it means something is "more than 50% likely to be true," which is another way to look at it.

[jobeterob]

It does mean the same thing! British term I expect - on a balance of probabilities.

So any predictions ~ will they buy him off with some payment just to get rid of him? I wonder if Patti Labelle has insurance that might defend her civilly??

[marv2]

It does mean the same thing! British term I expect - on a balance of probabilities.

So any predictions ~ will they buy him off with some payment just to get rid of him? I wonder if Patti Labelle has insurance that might defend her civilly??

Why do you insist on insulting Patti LaBelle and her associates like that when it was discovered that the Cadet started the whole situation. Is it because Patti LaBelle is Black?

[kenneth]

Hi Marv,

I think what Jobeterob means is that because in Civil cases, the burden of proof is so much lower [[preponderance vs. beyond a reasonable doubt) that it is much more likely defendants [[Labelle, the bodyguard) would rather settle a case as opposed to risk a loss at trial. Also, I didn't follow the trial so I don't know who testified, but in a Civil case the defendant[[s) would have to testify, whereas in a Criminal trial, they can plead the 5th and not defend themselves on the stand.

Of course, the classic example is OJ Simpson who was found not guilty at trial but guilty during the civil proceeding.

I'm sure Jobeterob wasn't thinking of the race angle here. The decision whether or not to settle, like many legal decisions, involves the economics of the situation.

Kenneth

[jobeterob]

Why do you insist on insulting Patti LaBelle and her associates like that when it was discovered that the Cadet started the whole situation. Is it because Patti LaBelle is Black?

And are you saying this only because I am white? Which of course then makes this very racist.

[jobeterob]

And of course, Kenneth has the thought process explained perfectly, either because he is a lawyer or a rational, reasonable, decent human being.

[marv2]

And are you saying this only because I am white? Which of course then makes this very racist.

No, I don't know what color you are, nor do I care. I ask this based on the many negative comments you have made about Patti Labelle and her character in regards to this case [[none about the Cadet btw) .....AND based on comments and the support you gave former SDF member Elegant Soul, each and everytime he made racists comments on the forum. That's all. I am curious...... You asked if Patti had some sort of insurance to cover her defense in this matter. I am asking why you would say something like that? Why would Ms. Labelle need "legal insurance" when it was her son that was initially attacked by the Cadet spouting off racial slurs toward Ms. Labelle.......

[kenneth]

No, I don't know what color you are, nor do I care. I ask this based on the many negative comments you have made about Patti Labelle and her character in regards to this case [[none about the Cadet btw) .....AND based on comments and the support you gave former SDF member Elegant Soul, each and everytime he made racists comments on the forum. That's all. I am curious...... You asked if Patti had some sort of insurance to cover her defense in this matter. I am asking why you would say something like that? Why would Ms. Labelle need "legal insurance" when it was her son that was initially attacked by the Cadet spouting off racial slurs toward Ms. Labelle.......

Usually, an umbrella-type policy would cover personal liability in such a situation. Most performers [[and many people) have personal liability insurance not only because they might be targets of would-be litigants looking for "deep pockets" to sue, but also because it would cover them, for example, if someone slipped and fell on the walkway to their front door. When one has this sort of personal liability insurance, the insurer would come in and defend them, at least up to the limits of the policy. In most states, I think a personal umbrella policy covers up to $1M in liability.

[kenneth]

And of course, Kenneth has the thought process explained perfectly, either because he is a lawyer or a rational, reasonable, decent human being.

Thanks! Actually, I like to think I am both!

[jobeterob]

Marv, everyone has insurance for everything ~ especially if they are a star and a celebrity and have some money. Rich ladies like Patti and her friend, Miss Ross all have a lot. They have insurance which they might need due to the unstable and the ill and obsessed, as well as accidents.

Heck, that might even cover you! Has Mary ever suggested it?

[jobeterob]

Kenneth has this all so clearly explained; all one has to do is read his posts to understand.

[marv2]

Usually, an umbrella-type policy would cover personal liability in such a situation. Most performers [[and many people) have personal liability insurance not only because they might be targets of would-be litigants looking for "deep pockets" to sue, but also because it would cover them, for example, if someone slipped and fell on the walkway to their front door. When one has this sort of personal liability insurance, the insurer would come in and defend them, at least up to the limits of the policy. In most states, I think a personal umbrella policy covers up to $1M in liability.

Kenneth, thanks. I know what you mean about insurance. I have all types of it [[i.e. auto, homeowners, life, etc,etc.). I understood him to mean that Patti Labelle needed or wondered if she held some type of legal fund, because she needs it because of her character or behavior.

Now I retain one law firm for small legal matters like contracts, letters, etc. I have another one that handles the big stuff LOL! I don't use those guys often [[thank God!) but I do have peace of mind that they can handle things when required. I guess Jobeterob could provide further clarification of what he meant. If he chooses not to, it is no big deal. I already have a good strong idea of where he is coming from........

[kenneth]

Marv,

Labelle is not my favorite performer by any means, and I think she behaved in very bad taste, posing with the airport security right where that guy had been beaten, but, well, if the Cadet had a blood/alcohol level that high and couldn't remember what happened...then unlikely he had much credibility as to the issues raised.

I once had a consultation with a lady who wanted to bring a restraining order against some guy who was Dolly Parton's publicist or something like that, and this whacko assured me that we could shake down Dolly Parton for loads of money to avoid the restraining order being brought against this employee or contractor of hers. Why Dolly Parton would step in to protect one of her large entourage if there was a legitimate beef against him is one thing, but another is as if I'd be interested in shaking down Dolly Parton! Who, in addition, actually seems to be a very nice person! I couldn't get rid of the whacko quickly enough.

Have a great day.

K

[marv2]

Marv,

Labelle is not my favorite performer by any means, and I think she behaved in very bad taste, posing with the airport security right where that guy had been beaten, but, well, if the Cadet had a blood/alcohol level that high and couldn't remember what happened...then unlikely he had much credibility as to the issues raised.

I once had a consultation with a lady who wanted to bring a restraining order against some guy who was Dolly Parton's publicist or something like that, and this whacko assured me that we could shake down Dolly Parton for loads of money to avoid the restraining order being brought against this employee or contractor of hers. Why Dolly Parton would step in to protect one of her large entourage if there was a legitimate beef against him is one thing, but another is as if I'd be interested in shaking down Dolly Parton! Who, in addition, actually seems to be a very nice person! I couldn't get rid of the whacko quickly enough.

Have a great day.

K

hmmmm......interesting story Kenneth. Thanks.

[144man]

I haven't found the Forum thread yet where this was discussed [[it included the video footage), but from memory a consensus was reached here overwhelmingly against Patti Labelle.

[jobeterob]

Videos can be deceiving when there is no sound. But there was a strong consensus against Patti. This definitely damaged her reputation.

I don't really understand why or how she put herself in the position she did. If she had bodyguards, they would have wanted to keep this kind of thing away from their star ~ and yet, she got right in the middle of it with pictures and all.

I noticed in her Court video that Patti's face is picture perfect these days; she's got a lot more botox and whatever in there than Diana has at this stage; Diana has a lot more wrinkles and creases.

I suspect we will never hear a word more about the civil case. The damages to the Cadet are not that great nor are they permanent it would appear ~ at least not from the pictures. But in the USA, damage awards can be huge. I think this will be "bought off", whether an insurance company is involved or not.