A very strange story about a sexual assault case

What the hell?

That's all I can say right now. Just.... what the hell?

It sounds to me like someone's pulling stuff out of their ass -- either the judge or the reporter. I want to hear more about this.

WTF?  I'm a practicing attorney in Georgia and I have NEVER heard of some virginal requirement for civil suits.  Granted I only do criminal defense, but I would suspect there's some sort of civil equivalent to the Rape Sheild Statute which prevents introduction of the victim's past sexual history (with limited exceptions).

But Georgia judges do unconstitutional crap all the time, so it wouldn't surprise me one of them just made up the law.

...if the reporting was a bit off. The only court documents I can find refer to a civil suit brought by Melanie Ross against Mercer University. I can find no case brought directly against Daniel Day.

Here is a link to the order to dismiss a "motion for reconsideration" in the case against Mercer University, made by Ross's attorney in light of new evidence. (PDF, if you prefer, here.)

I'm sure there is much that is hard to find via a regular Google search, so again, if anybody has links to official documents or better info about this case I'd love to know about it.

For what it's worth, I found this via Google...

Yesterday, Daniel Day said on Topix.com :

This is funny. I'm the guy they're talking about and they didn't bother contacting me. Well, let me clear a few things up that Ms. Farahany failed to mention. First of all, Melanie was my girlfriend. Second, Melanie is the same girl who thought that Jimmy Carter was an actor. With the immature stuff out of the way, let me give you the full story about what has happened the past three years with this case. First of all, women involved in CIVIL lawsuits DO have to disclose their sexual histories. That's the law. The only people protected are those involved in CRIMINAL cases. Think about it. Imagine a girl with numerous sexual partners sleeping with an exboyfriend, getting mad at him for not calling her back, and then files a lawsuit a year and a half later for sexual assault. Should she disclose her sexual relationships? Absolutely. Another point I'd like to make (that Ms. Farahany also forgot to mention) is that she has lost every single battle in this case. She expected me to settle out of court, but panicked when she realized that my family sticks together and wont be bullied by professional extortionists. She was constantly late filing documents and constantly failed to show up to court. The only reason you are hearing about this story is because Ms. Farahany and Melanie Ross are desperate to have the attorney fee ruling overturned. While this story makes me out to be the bad guy, please understand that I have yet to have my voice heard and you are only being shown one side to this story. Let's face it, the only reason this is news is because Amanda Farahany made it news. She put an angle on the story to make her and Ms. Ross look like victims. Believe me, it's the other way around. When this story first hit papers in January of 2005, I couldn't walk to class without having a panic attack. Because of an exgirlfriend's accusation, people thought of me as the guy who sexually assaulted a girl. In the fall of that year, fraternities on campus made photocopies of the AJC article and handed them out to freshmen, solely so they could have a bigger pledge class.

Please, give me a chance to tell my side of the story. If the media is supposed to be fair and balanced, then this is their shot to prove it.

Same thread, Ms. Ross' attorney speaks to some of the accusations and counter-accusations raised in that thread:

The Mercer Police - private employees of Mercer University (of which Mr. Day's family is the largest single contributor to the school)- chose not to pursue the criminal case. They have never produced their investigative file, if in fact there is one, to show what they did or did not do after Ms. Ross called the police. Ms. Ross came to me only after she had turned to everyone else and asked that Mr. Day be held accountable - and neither the police or the school did anything. As far as the anal lacerations - Ms. Ross does NOT shave her anal area, nor was there ever any testimony from her that she did. That was simply made up by Day's attorneys, as was the allegation that Ms. Ross has a checkered sexual history (she does not) and the allegation that this was extortion. To this date, Ms. Ross has never made a monetary demand of Mr. Day and has asked only that a jury of her peers be allowed to listen to her FULL story and make a decision based on the real facts and evidence in the case. Ms. Ross does not deny that she dated Mr. Day - but she had broken up with him months before, had asked that he be kept away from her that night and awoke the next morning - with no memory after she asked her friends to keep Day away - but with pain in her rectum. Later that day, the hospital records show that she had anal lacerations, bruising and abrasions - consistent with a sexual battery.

Some things that Mr. Day has not told you - Mr. Day went to drug rehabilitation three months after this incident, and had been in drug rehabiliation during high school and before in college, and that Mercer admitted him after he graduated from an Internet high school while in drug rehabilitation is as relevant to the issues in this case - of whether Mr. Day sexually battered Ms. Ross.

This is a true case of the media putting a “spin” on cases and not reporting facts in cases. Without knowing more about this case, I certainly would have been outraged that this women’s voice was not heard. For those who have followed this case, we all know that this was just a simple case of blackmail in which Mr. Day did not surrender. If you read the facts, there was absolutely no evidence what so ever.
For example, "A judge determined lacerations do not prove rape, and that she had to list her past sexual partners, since only virgins can bring a case for sexual battery in civil court."
- Lacerations do not prove rape when there is a 0.5mm cut near you anus in which the plaintiff herself said in all probability came from shaving. Also, virgins are not the only ones who are allowed to bring sexual battery cases to civil court. For civil cases, the plaintiff does have to testify about her past sexual history which hurt Miss Ross in several ways. First, she had an extensive past sexual history and secondly, Mr. Day and Miss Ross had recently broken up after being in a relationship for several months. The judge ordering payment of attorney fees, further to the defendant just proves the frivolous nature of this case.
Frivolous cases such as these truly hurt those women who were sexually assaulted.

Every single court in which my son, Daniel, has been challenged, attorney Amanda Farahany has lost in the Ross case - evidence that my son is innocent. 

Stronger laws are needed that make legal recourse for those upon extortion is used, then found groundless, are easier to file against irresponsible attorneys.

This has been a sad story, not only for my family, but for the Ross family, or so I presume.

It's over. 

Now the long process of restoring a good name, trashed in this brouhaha, begins.

Back in September it appears that the GA Supreme Court did in fact toss this case out:

http://www.gasupreme.us/docket_search/results_one_record.php?docr_case_num=S08C1295

I haven't found any other information yet.

I found this opinion.  It seems to have some more insight into the case.  I looked up Rep. Day.  He represents part of Chatham County.  Would have been interesting if Bibb County was in his baliwick.  Bibb is strongly Republican and less safe territory than the rest of the state for anyone who does not carry a flag and slice of apple pie.

Here's this:  http://bourgieadventures.wordpress.com/2008/05/15/some-judges-are-fuckin...

I'll dig further 

~~~

Everyman's death diminishes me because I am involved in mankind...

~~~ 

Kelly