From my earlier post I was challenged to read definitions of extortion. I've now read a dozen different definitions of extortion without going to the effort of seeking the definition and proof requirements under Kentucky law or whatever jurisdiction charged Gaudio. Without being a jailhouse lawyer or a real lawyer, the general upshot seems to be:
- Made an unwarranted demand with menaces; and.
- In doing so intended to: (a) Obtain a gain. (b) Cause a loss or. (c) Influence the exercise of a public duty.
It's clear to me on these tapes that Gaudio felt he had performed his services satisfactorily and that his demands in his mind were warranted and justified. He clearly believed he had been wronged and damaged by the events and elaborated this. It could easily be argued he was seeking restitution for damages rather than gain. He menaced, and didn't take an ethical high road, but I don't think it was a slam dunk to say his demands were unwarranted, nor that he intended to obtain a gain greater than his perceived loss. Findings that might be required to determine extortion guilt.
Additionally, it appears he wasn't accused of blackmail because it didn't meet that standard either. What he was being silent about was not a violation of laws, it was concerning his view that the program had not followed ncaa rules or policies. Restricting graduate assistants practicing with the team is not a 'law'.
I have learned in the school of hard knocks that circumstances, state of mind, and intentions play a role in determining many matters.
As an example, an employee of mine signed my name to contractual representations without my express nor implied authorization, nor with any authority to independently do so. At a later date, a party to the contract claimed that my signature was 'forged' and sought to use the forgery claim to get out of their contractual obligations. It turns out that the act of signing my name was not a forgery unless there was the intention of causing someone to do something they would not have done but for my signature. Turns out forgery isn't simple either.
I don't have the bonafides to carry the discussion any further, I don't care for Gaudio in the first place, but I doubt his guilt was a slam dunk.
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