Cry Rape and Go To Prison!

In a case that has sparked national attention and will surely spark a new Law and Order SVU episode, a Dallas women has been sentenced to 5 years in prison for making a false rape accusation that ultimately lead to the murder of her lover.

The sentence stems from a bizarre set of facts starting with a false claim of rape to cover up an affair and ending with the murder of her lover (the man she falsely accused) by her outraged husband.

Mrs. Tracey Roberson, 37, was convicted Friday of manslaughter in the 2006 shooting death of Devin LaSalle. Prosecutors said it was Mrs. Roberson’s husband, Darrell, who fired the fatal shot but only because his wife falsely claimed she was being raped by Mr. LaSalle.

Mr. LaSalle died in December 2006 after Mr. Roberson shot him outside the Robersons’ south Arlington, Texas home. Mr. Roberson shot Mr. Lasalle after he returned home from a card game and caught Mr. LaSalle and his wife – who was clad in only a bathrobe and underwear at the time – together in Mr. LaSalle’s truck

The case was presented to a grand jury. In a soap opera crime show twist the grand jury declined to indict Mr. Roberson(the husband) for the actual shooting and instead indicted Mrs. Roberson on manslaughter charges. Yes, that is correct , at least for now,Mr. Roberson will face no criminal responsbility here for the actual shooting.

The sentencing jury deliberated more than 2 days before sentencing Mrs. Roberson to Five Years in Prison.

This case really bothers me. Not because Mrs. Roberson is going to do time but because Mr. Roberson who engaged in a textbook case of manslaughter himself will walk away scott free. My gut tells me that he killed this guy because he was having an affair with his wife and not because his wife cried rape. Did he take his rage of past indiscretions in the relationship out on this guy? Did he know about this guy prior to the shooting?  There was some testimony that he was suspicious of her infidelities….  It is not clear whether he knew anything about this specific affiar prior to the shooting.  Would that change your opinion on justification if he did?

If the husband knew absolutely nothing and this was a pure spur of the moment decision to try to save his wife, I would feel better about the justification defense here.

Did Mrs. Roberson deserve to do 5 years? I don’t think so but I was not siting on the jury.

If you read up on the case there were a lot of facts presented that certainly did not make Mrs. Roberson likeable person and I am sure that had a lot to do with the severe sentence. There was also testimony of Mrs. Roberson of abuse by her husband with no corroborating evidence. I think introducing this testimony with nothing to back it up backfired on her and made her even more unlikeable as simply looking like someone with her hand caught in the cookie jar……

Finally and in my mind most importantly , juries take claims of rape very seriously. Juries don’t like people who don’t take them seriously. Juries don’t like people who cry wolf with a cry of rape to cover up affairs….

Juries maybe want to send a message to the next person who thinks about crying rape in a crowded theater…..

Any criminal lawyers out there to comment?

What would Oliva Benson and Elliot Stabler think?

88 Comments For This Post

  1. Pentad (1 comments.) Says:

    I’m not a trial lawyer, but this case is disturbing. It’s the first I’ve heard of it. Our sentencing system is screwed up in so many ways. Nothing seems to come out as it should.

    Pentads last blog post..What’s Up With Change?

  2. Tom Says:

    I’m sure there are many men in jail on the grounds of a false rape conviction and the men loose much more than 5 years. This woman should spend the same time in jail as a rapist…as the Bible says…eye for and eye…she also needs to be put on the sexual predators list to warn future men to stay away…

  3. Brad (4 comments.) Says:

    Maybe he did get away with murder. However I believe that proving it would have been next to impossible down in texas, where killing the man you wife is screwing around with is often times only a legal crime. You can see half the guys sitting on the jury saying to themselves I’d killed him too.

    There is no point in going forward with a trial you don’t believe you have a good shot at winning, especially a murder trial.

  4. Glenn Says:

    You are making quite an assumption that the guy knew about the affair, not sure if you’re even allowed to publish comments like that – do you have libel laws in your country?

    Anyway, the woman fully deserved to be punished and is wholly responsible for her lovers death. If I believed someone had raped my wife I would almost certainly kill them and would feel quite justified in doing so. What would a prison sentence ‘teach’ me? How to not kill my wife’s rapist? Pah!

  5. Mike Says:

    Let’s see…

    Woman cheating on her husband: goes to prison.
    Man having affair with deceitful married woman: dead.
    Man who thought he was valiantly saving his wife from an attacker: walks away an innocent man.

    What’s the problem here again?

  6. RDW Says:

    No, you’re wrong! He didn’t get away with murder, he was protecting his family (so he thought at the time). If you walk in your home and your wife is screaming rape, you have the right to protect her and especially here in Texas. She got off light because if I was on that jury, I would have voted for the maximum prison term.

  7. Deplecan Says:

    You are an idiot

    “My gut tells me that he killed this guy because he was having an affair with his wife and not because his wife cried rape. ”

    Thats why we have a thing called evidence which the Grand Jury assessed, your ‘gut’ should have nothing to do with it.

    1) The man who died wasn’t murdered, he was unlawfully killed by involuntary manslaughter.

    2) The woman deserves to go to jail, she caused the death of this man by crying rape.

  8. Donnum Says:

    I wish more women who lied about rape were behind bars. How is Crystal Gail Magnum still free?

  9. Harsher Says:

    Sentence isn’t harsh enough for her, it’s sickening that people who falsely cry rape face no punishment when it’s proven. Doing so destroys lives, the only difference is this time it is much easier to see. Five years is a joke, should be much longer.

  10. Mike Says:

    Accusing someone of rape when they didn’t commit is one of the evil things a person could do.

    I think that if it’s only a man’s word against a woman’s, the man should not be convicted of rape. The justice system should only convict someone if the person is guilty beyond a reasonable doubt. I would rather 10 guilty people go free than 1 innocent person go to jail.

  11. Old School Says:

    Good, husband did the right thing to defend his wife. Still would have been right to shoot the lover if he had known it was adultery. Lover should suffer the consequences of knowingly sleeping with another man’s wife.

  12. Jason Says:

    If I had a gun and came home to find my wife in a truck with a strange guy and she screams rape, that guy would be dead in about 3 seconds. I see nothing wrong with that, but I do see something wrong if the husband had an idea about what was going on before he stumbled apon them. If he had any serious idea she was cheating on him than he needs to go to jail for manslaughter.

    5 years and thats all she got? Pathetic, but atleast she got something.

  13. Pupok Says:

    What a poorly written opinion piece.

    As a married man, if I came home and found my wife semi-naked, crying RAPE, I’d go into a rage and kill anything that moves that she points at. I doubt you’d find a man anywhere in the world that wouldn’t do the same thing for his wife/daughter/mother.

    I agree with the way this case has turned out, may she rot in jail for inducing temporary insanity on her husband on the base of lies.

    And I hope that the husband re-marries and gets on with his life. He’d done his duty (that of protecting his family), its just that in this case, the wife wasn’t worthy of protection.

  14. Dan B Says:

    I think the husband should be charged with murder, but the wife absolutely needs to be charged. She made up a rape claim because she didn’t want to face the consequences for her infidelity. She accused an innocent man of a felony, of a violent and despicable crime. At best she destroys his reputation. At worst, he could be charged, and have the rest of his life destroyed. Labelled a sex offender, his life is worth nothing in most peoples’ eyes.

    Let’s stop looking for who is the worst, and maybe judge them individually.

  15. andy Says:

    i’m not a trial lawyer either, but to me, the sentencing seems right. if a man raped my girlfriend, or mother, or grandmother, i would try to kill him. i think most men would. this is a situation where a person just snaps and the true temporary insanity occurs. in this world, words cause as much harm as guns, if not more. this woman caused the death of someone. it may not have been deliberate, but then again, drunk drivers don’t intentionally perform vehicular manslaughter. however, most people have the sense to know that their words and actions have consequences – something this woman should have realized. just because the woman may have had no intent for him to be killed, doesn’t mean she wasn’t responsible.

  16. Michael Says:

    A false rape claim should be treated the same, carry the same prison sentence, and be prosecuted with the same zeal, as a rape. The woman is raping the man: committing an aggressive, hostile act with long-term, profound consequences in trying to forcefully gain power and control.

  17. txjustice Says:

    tom, brad, insightful comments. wow! factual. logical. brilliant. really.

    tom, you speak like a truly misguided, misogynistic, god-fearing christian.
    amen.

    she lied to her husband and he shot and killed a man with a gun. that is not disputed. and yet two comments attempt to justify his murder and to denounce mrs. roberson.

    brad, are you saying that a ‘legal crime’ is less serious than another type of crime, a ‘highly legal crime’? from this interpretation you imply that texas is some unruly place where men are justified to commit violence and murder as long as they are in defense of the holy sanctity of marriage.

    this is not true, even if it’s the type of society where you might flourish.

    furthermore, please try to remember your own words.
    “I believe that proving it would have been next to impossible.”
    “You can see half the guys sitting on the jury saying to themselves I’d killed him too.” NO NO NO, actually I can’t imagine the male jury sympathizing with such a heinous act. You watch too much TV.

    while it may be more likely that self-defense pleas lead to acquittals in texas, it is hard to see how ‘self-defense’ would be applied with the information relayed here.

    it is beyond belief that mr. roberson is not a convicted murderer, and it is saddening to hear brad and tom’s justification of the outcome.

  18. Passerby Says:

    #1 The woman can / should be charged with a) perjury and b) if guilty of conspiracy, conspiracy to murder.

    #2 The husband should be charged with murder if the killing was premeditated (which in this case, probably was not). At the very least, he should be charged under man-slaughter for the killing. Even someone who accidentally kills another in defence can be charged for man-slaughter, much less someone who kills out of hate.

    The critical point for the husband ruling should be whether the ruling would differ due to the two possible scenarios of the sexual relation between the dead man and his wife.

    Case A: It was a case of rape. Does it justify his killing? Are we saying that in future, husbands are justified to kill the rapist of one’s wife? How about one’s husband, girlfriend, daughter, son, mother, father, friend etc? In short, does rape give one the right to impose arbitrary ruling of capital punishment without trial? In case anyone is in doubt, the legal system do not impose the death sentence for rapist. No jury should be above the Law to decide otherwise.

    Case B: It was a case of adultery. Likewise, does it justify his killing? In the same vein as case A, we come to the same basic question of whether the death sentence is what our legal system gives to those guilty of adultery. If so, then the wife deserves to serve out the five years followed by a death sentence.

    In both cases, it is unjustified that the husband should walk free from any responsibility of his killing, whether premeditated or manslaughter, or whether it was driven by hate or jealousy.

    I say that the judge should challenge the jury’s call.

  19. Jimmy B Says:

    In case A, if he honestly felt that he was protecting his wife from imminent danger, the killing becomes justified.

    The fact of the matter is that nobody who has posted her and certainly not the guy who wrote the original blog knows what all evidence was produced during this trial. We’ve got a blog written by a guy who decides to toss out a lot of opinion based entirely on speculation over what he doesn’t even know, speculation that seems to run counter to what the jury found. This isn’t a news story and this isn’t trial documentation. This is some douche who wrote something on the internet and people are forming major opinions based on that fact.

  20. JT (1 comments.) Says:

    I feel she should have gotten a stronger sentence. To me it is murder. A man died due to her lie. She has just as much to do with him dying as the husband who pulled the trigger.

    I did not like the authors questioning of if letting the husband go was fair. Anyone ever here of innocent until proven guilty? I must say, I carry a gun in my car and if I were to come home and my wife is crying rape, that guys is going to get shoot, no questions asked.

    Husband deserves a little pity but i look at it the same as self defense, he was simply defending his wife.

  21. Bob Says:

    Anyone passing judgment with the paltry amount of information available is a fool. There are crucial details about the nature of the encounter that make or break the case for Mr. Roberson.

    What has been stated clearly is that Mrs. Roberson was IN the truck when Mr. LaSalle took off. What is also clear is that _after_ the incident, Mrs. Roberson falsely accused Mr. LaSalle of rape/attempted rape.

    IF Mr. Roberson truly felt that his wife was being abducted by a rapist, he had every right to use deadly force to protect his wife. Good verdict, case closed.

    IF Mr. Roberson truly felt that his wife was cheating on him, he of course had no right to shoot Mr LaSalle and should be in jail for 2nd degree murder.

    There were only three witnesses to the encounter: a dead adulterer, a live adulterer who’s voice can be heard in a taped 911 call lying to law enforcement, and a third that presumably 30 seconds before the encounter was oblivious to all of this.

  22. Jason M Says:

    She got off easy she caused the death of this man by crying rape and is only serving 5 years.How much time would that man had served if he was convicted of Rape more then 5 years you can bet. I’m tired of the double standered in the justice system she’s lucky she only got five years.

  23. Bill Says:

    I think this is pretty close to justice.

    You are allowed to use deadly force to prevent the rape of your wife. When the husband arrived, he saw the lover trying to have sex with his wife. His wife screamed in anguish and cried rape, and the the lover started to drive off with his wife. I’m nonviolent and don’t own a gun, but I can totally understand where the husband’s mind was. My wife has just been raped, and she is now being kidnapped. She’ll probaby be tortured and raped for weeks before being killed and dumped in a swamp somewhere. I have to stop this. My understanding is that there was just one shot fired.

    As for the woman… I think the consequences of her action–crying rape as her gun-toting husband arrives to see a man taking her away–were pretty foreseeable. She’s not a likable person, and her web of lies led directly to her lover’s death.

  24. Eric F Says:

    I think this woman got what she deserved. Instead of taking personal responsibility for her actions, she lied and got a man killed! I think she deserves more jail time and she should take the rap for the manslaughter as well. Lucky she only got 5 years.

  25. anotherPasserby Says:

    quoted from: passerby
    “…….In case anyone is in doubt, the legal system do not impose the death sentence for rapist. No jury should be above the Law to decide otherwise.

    Case B: It was a case of adultery. Likewise, does it justify his killing? In the same vein as case A, we come to the same basic question of whether the death sentence is what our legal system gives to those guilty of adultery. If so, then the wife deserves to serve out the five years followed by a death sentence.

    In both cases, it is unjustified that the husband should walk free from any responsibility of his killing, whether premeditated or manslaughter, or whether it was driven by hate or jealousy.

    I say that the judge should challenge the jury’s call.”

    This is exactly the ignorant type of person I fear to have on a jury should I ever be arrested for something. This is DEAD wrong. Jury’s are there precisely because they are above the law. They are their to ensure a fair/just decision. Read about jury nullification. http://en.wikipedia.org/wiki/Jury_nullification

    If more jurors would understand that their job is to try to impart a fair/just sentence rather than whatever the misguided law might state, we’d have a much better system. The founders of this country fully intended jurors to understand and use this principle. They understood thoroughly how unfair and wrong the laws could get. For example, John Adams said of jurors: “It is not only his right but also his duty… to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.”

    Its sad, though not uncommon to see such blind ignorance and trust in the law, though understandable, since the courts and government tries hard to keep that secret.

    As far as the case goes, If I were on the Jury, the wife probably would have gotten more like 10 years time and as for the husband, I can’t say because I don’t know the facts of the case.

  26. Dr. Dash Says:

    @ Passerby

    “In short, does rape give one the right to impose arbitrary ruling of capital punishment without trial?”

    In our justice system it does not, but it should. I’ve had several friends who have been raped and the effects it has on them lasts a lifetime (emotional and physical). The rapists often get away with a 3-8 years sentence before they are released onto the streets to do so again.

    Personally, if I came home and found someone is REALLY raping my wife, sister, mother, daughter or even brother/son/father, I would have no qualms about taking away their right to live. Why should these people have rights when they willingly took away the rights of someone else? The rapist made a conscious choice, the victim did not.

    To all you people looking down on this view and think it’s amoral, place yourself in that situation and tell me that you would simply try to knock the person out or restrain them somehow and then let the “justice” system try to convict him so he can get 3-8 years in prison.

  27. Brian Cuban (137 comments.) Says:

    @anotherPasserby: I going to respond to this one because you are wrong. Louisiana and Texas both have captipal punishment for repeat child molesters. Please see Kennedy v. Louisiana and my blog “Should Child Molesters Be Executed”

  28. joe Says:

    This case should seem pretty obvious. A man defend his wife from her attacker. Anyone who thinks that that’s wrong is either nor married, or married to the wrong person. However, if he did have an idea that his wife was cheating on him, then he should be the one thrown in prison (if not something a bit more poetic like this guys wife/sister/mother getting a crack at him.) The only question should be then be this: did he know?

  29. Kay Says:

    HE should get the five years. At least.
    SHE, should get 10. At least.

  30. Chad V. Says:

    Brian–

    I am disappointed by your viewpoint here. She *murdered* that man, just the same as if she’d pointed a gun at his head and pulled the trigger herself. I’m not sure what world you live in, but in the real world, with judges and juries who get to hear the justification behind your actions, there is such a thing as the legally justified use of deadly force to proect yourself or your family from deadly harm. I sincerely hope that no one ever tried to harm/rape/kill your signifigant other or any member of your family in your presence, since you’ll obviously sit there and watch it happen. A manslaughter conviction is actually very lenient here–she will be out in five years (or less), while her lover is dead and his family and friends will never see him again.

  31. CJ Armstrong Says:

    It seems to me that the jury’s decision was based upon the assumption that there is no reason to doubt that Mr. Roberson is of sound mind and body.

    That being said, it stands to reason that a rational person in the position of trying to protect his wife, at his home, would go to such lengths as shooting a man whereas a rational person in the position of discovering his wife in the midst of an act of infidelity would NOT kill the man. Whether or not that’s a truism is not what’s being debated. It seems to me that what was probably argued in court is that Mr. Roberson, if he had merely discovered that his wife was cheating on him, would not have killed either one of them. When his wife started screaming “rape”, however, he did what he thought would be necessary to defend her.

    All things being equal I really see this as a double edged sword. I think that it could create a dangerous precedent for sending many women who are raped to prison based on false accusations. On the other hand, I feel that it’s about time to stop blindly accepting every claim of rape and that there should be repercussions when false accusations do implicate the innocent.

    It’s an interesting case, for sure.

  32. Steve Says:

    “…but I was not siting on the jury.” This statement in your diatribe says it all. In other words, you know nothing of the actual case.

    But, if my wife says she’s being raped the guy better have said his prayers. If she’s lying, then she better have said hers. Lying is always grounds for punishment. Period. Fact is she should have been tried for anything else that fits the description of her actions – inciting the death of another. I hope she rots.

  33. MichaelinCanada (1 comments.) Says:

    I think she got what she deserved. Actually, she deserved a LONGER sentence than this. Look, if my wife is yelling “Rape”, and I am nearby, I would do anything to protect her and my family. My understanding is, is that there were children in the house. Sorry, but my family comes first. By the way, I would not bother to check the guy’s ID to see if he was someone I was suspicious of my wife having an affair with. It would be a case of, “Shoot first, ask questions later.”

    MichaelinCanadas last blog post..J.J. Abrams & Trek: Where No Trek Has Gone Before?

  34. J Says:

    LOL, I love the was he justified in killing a person raping his wife; I can see it now “excuse me good sir I know you are taking advantage of my wife and instead of coming to the rescue and saving her I am instead going to ask you to refrain from such actions and will then be notifying the police of said actions, please have a nice day.”

    God some of you people and your lack of spine.

    Let’s get to the point First Degree Murder is out of the question, it has to be premeditated, Second Degree Murder is out of the question as you had to do it out of malice which would be impossible to prove if the bitch was screaming RAPE, man slaughter is a maybe but doubtful as precedence has been sit in Texas, Oklahoma, and many other states that if you are in immediate danger or your family is in immediate danger you have the right to neutralize that danger through any means of force necessary. On top of that Man Slaughter is usually reserved for accidental deaths in which the person showed some sign of after thought, for instance running over a man and driving away quickly would be a case of man slaughter even then its hard to do since frankly good old Ted Kennedy set precedence by driving an intern into a lake while drunk, went home while she drowned, sobered up, and then reported the accident … no charges where brought to trial.

    Now as for the girl, well her direct actions led to his death, by screaming rape she in turn knowingly placed her husband in the position of protector forcing his hand to rescue her. This led to the death of her lover, she basically forced her husband to make a tough choice and either rescue her or let her be violated, most men would try to rescue those they love (in fact most women would try to rescue those they love).

    The fact that this case bothers you shows a lack of humanity in you, and an over compensation to be PC. The concept that the man should be punished for protecting her regardless of if he knows she had committed adultery is irrelevant to the situation she placed him in. She is the one who is at fault and luckily Texas doesn’t usually have Juries made up of people who lack such moral fiber and they punished the proper individual.

  35. john Says:

    First of all she does deserve to go to jail for falsely accusing someone of rape. From the best of our knowledge the husband believed that this guy was raping his wife and this guy should not have been on his property in the first place.

    While the woman deserves to go to jail lets not gry crazy about how many people are in prison for false accusations of rape. There are a many more people who get off for committing rape than falsely accused ending up in jail.

  36. Dennis Says:

    There is definitely no basis for a charge of murder. It was not premeditated, it was in the defense of another (as reasonably believed by the husband), and no doubt the husbands state of mind would have been strongly affected by him believing that his wife was being raped outside his home. So manslaughter is the maximum, and yes he should have been charged (accidentally causing the wrongful death of another)…1/2 years jail time with a suspended sentence of about 2 more years and being bound to keep the peace.

    The wife should definitely have been charged and about 5 years seems fair to me. He actions were those that caused the situation. She has wrongfully, knowingly and selfishly accused a man of rape, endangering him and ultimately leading to that mans death. What she did was put her husband in the situation whereby he was entitled to kill (to protect the life of another, or to prevent a serious assault), and motivated him to do so (declaration of rape), all for selfish (yet logical) reasons. The balance of guilt is hers.

  37. Sean Says:

    As I understand, the man found them in his house or garage or something. In response to her telling him she was being raped, he protected her and his home by killing the invader and attacker (by his understanding). He was released because it was a home defense situation. Consequently, the responsibility of the death falls on her for her lie.
    In Texas, home defense is considered paramount since many people still live in remote areas and even some urban areas do not have police coverage and protection like other areas of the nation. If you shoot and kill a home invader, you are almost never charged with anything.

  38. Poule Says:

    The trial had a jury. Do you think you are netter than people who attented the trial and spent multiple days thinking on the case? Probably not, and you’re only speculating on facts you don’t know about.

    The case may bother you but you aren’t anywhere close to it so your comments are a little off. If you think there was a miscarriage of justice, then say it and act. Otherwise, shut up.

  39. A S Says:

    I’m not a criminal lawyer, but it looks to me like the proper outcome. It works like this, I think: The husband has what appears to be a valid affirmative defense, i.e. defense of others (which is legally speaking, very similar to self-defense), assuming that he reasonably believed his wife’s life was in danger (he has to believe that to justify using deadly force) The wife knew that it was not in fact rape, and her rape cry was the proximate cause of the husband shooting her lover, so she gets manslaughter (which doesn’t require her to have any intent to kill, just reckless regard for human life in most states) for actions that a reasonable person would see could cause the death of another. This is a little sloppy, but I think broadly correct.

  40. ben Says:

    I am not bothered by the case or its outcome at all. I think justice was served. If anything I think Mrs. Roberson might be guilty of worse than manslaughter. She knew her husband. She knew what he would do if she told him she was raped. And I agree with the several posters that said they would do the same. In that regard it was premeditated. She sentenced her lover to death with the same absolute certainty as if she pulled the trigger herself.

    As for her husbands culpability, the grand jury had to consider two defenses. The legal use of deadly force to apprehend a felon. It is legal for a private citizen to use deadly force to “apprehend” in many states. And the lesser (and usually unsuccessful) defence of the crime of passion or “temporary insanity”. The grand juries decision not to indite him bolsters my faith in the jury system.

  41. dave Says:

    5 years is completely acceptable for fraud resulting in a death, this doesn’t mean that her husband shouldn’t go up for murder 1. Then again this is hardly the first thing that makes me think the legal system in the states is fucked up.

  42. David Teh Gnome Says:

    I wholeheartedly agree that this woman upon her release from jail should be put on a sex offender list. Other than the length of her sentence, any other speculation on this case is pointless soap operatic fascination dubiously masked with good intentions.

  43. Shane Says:

    Although I don’t think the husband should be let free without punishment, you shouldn’t judge Mrs. Roberson’s sentence based on what happened to him. Her crime should be judged on it’s own.
    She was the one who chose to accuse an innocent man of a crime that most people rank alongside murder as one of the worst crimes possible. As a general rule, women’s accusations of rape or sexual harassment or abuse are given the benefit of the doubt. Many people believe that no woman would ever falsely accuse a man of such things.
    Now that there is such a high profile incident of a false accusation for such a selfish reason, women may not enjoy unquestioning support by courts and juries anymore.

  44. patchshorts Says:

    This case does not bother me. In Texas, you can defend your family or property with an amount of force equal to that which is threatening you, or if the force is unknown. Someone is raping my wife, and I’m gonna shoot them, and I’ll have done nothing wrong.

  45. magnetik Says:

    Shouldn’t have been messing around. infidelity ruins lives of more than the perpetrators.

  46. WtFiSwRoNgWiThU Says:

    Ok, really? You don’t think she deserves 5 years? She accused a man of rape with knowledge her husband carried a weapon. Castle and self defense laws, not to mention common sense, would allow for a person to use deadly force when such an assault is occuring. The husband was justified trying to act in “defense” of the situation.

    Now, should have she walked out and said, “honey, I’m screwing around on you…” and he would have opened fire, yes, that’s murder, and he should have been charged.

    Manslaughter is too light of a charge, a man is dead directly related to her actions, murder is what she should have been charged with.

  47. Matt Says:

    I don’t think anyone should have gone to jail, infidelity has its own hazards. The shot lover knew the risks of the affair, and being killed by the husband is an obvious one.

  48. cashman (1 comments.) Says:

    This is a very sad thing.Not only did he discover he was being cheated, he had this vile woman playing on his love and her lover was killed.
    I hope she regrets what she did for the rest of her life.
    I know that the act will haunt the man as long as he lives and even though he was not guilty of a crime, he will live with the guilt.

  49. Kaao Says:

    You know I was just thinking If he knew about this prior to the incident would he not have been more incline to kill them both instead of just the lover?

    From what I understand he thought he was just saving his wife from a man who had just raped her and was now trying to abduct her. In this case shes completely responsible. I mean can any of us really judge what was going through his head at the time. I know if I had a way to stop him then I would have done the same thing.

  50. Brian Cuban (137 comments.) Says:

    There seem to be so many people hung up on a huge misconception that this guy received a judicial finding of innocence. There is nothing further from the truth. A grand jury simply declined to indict him. That is not even close to the same thing. It is in fact theoretically possible for the state to re-present the case to the grand jury and if the guy was indicted he could still be tried for manslaughter….

  51. seth brundle Says:

    “My gut tells me that he killed this guy because he was having an affair with his wife and not because his wife cried rape”

    “My gut tells me”? Why?

    She told him she was being raped. That is much more incendiary than an affair – couples discover affairs *all the time* – not a lot of murder ensues (some for sure).

    However, if you tell your husband you were being RAPED? That’s much more likely to result in violence. She was wrong to have the affair, but she probably could have predicted his response to that accusation better than anyone.

  52. Billy Says:

    Definitely she deserves the time. I hope this will be a warning to all idiots that cry rape.

    IMO people that falsely accuse people of rape should be prisoned, period.

  53. Bob Says:

    If the lover was actually raping the mans wife would this dialogue even exist. I think the husband would be hailed a hero. Sure, the fact that his wife lied to him does add a twist, but in reality he was protecting another human being. For those who argue the man got away with murder, they should take a minute to think about what he may be experiencing emotionally. I’ve been through war, killing people sucks. The memories haunt for a life time. I can’t say what he is going through, but I am sure it hasn’t been fun. Especially knowing he killed an innocent man.

  54. Smoovious Says:

    @Bob: “…Especially knowing he killed an innocent man.”

    No, he won’t see it that way at all. He may not have actually been raping his wife, but he was having an affair with her.

    I’d go along with saying he wasn’t guilty of rape, but it is a pretty far stretch calling him ‘innocent’…

    – Smoovious

  55. John Thomas Says:

    Well, I guess if the shoe fits then wear it. It only seems fitting does it not?

    JJ
    http://www.Ultimate-Anonymity.com

  56. Josh Says:

    You are completely wrong.

    Mr. Roberson should be commended. He did the right thing: When he was presented with a situation where his family was being attacked, he took personal responsibility and dealt with the threat to his family decisively.

    The fact that the situation was presented to him falsely (criminally so, in fact) was beyond his control.

    Mrs. Roberson is entirely at fault here, and should be sentenced more harshly, if anything. Even in a completely “safe” situation, a false accusation of rape is a terrible thing; consider how a false accusation shattered the lives of a number of successful young men in the Duke Lacrosse Team “rape” fiasco. However, falsely claiming that you are being raped WHILE IT IS HAPPENING, especially to a potentially armed bystander, should be considered attempted (or in this case, second degree) murder.

  57. Bill Says:

    Is anyone interested in the actual facts of the case? I happened to be at the trial of Tracey Roberson and heard all of the evidence that the jury heard.

    Tracey Roberson testified that she told her husband that the victim raped her after he shot at the car that she and Devin LaSalle were in, AFTER he killed Devin and after her pulled her out of the car still holding a loaded weapon. She told him that so that he would not KILL her. Time and circumstances didn’t allow for the husband to have heard anything from inside of the truck that was running and LaSalle, once seeing the husband get out ofd his truck with a gun, took off backwards so quickly (and presumably loudly) that the tires threw rubber on the husbands clothes.

    Her husband never believed that she was being raped and he told the detective that after the killing. He is heard on the 911 tape immediately after asking her why she was cheating on him? It is later that he realizes the “false rape story” HELPS him!! Grand Juries do not hear ALL or even ANY evidence…they hear what the DA relates to them and typically do what the DA requests they do.

    For some reason, the DA decided to believe the killer and blame the woman because she committed adultery. Mrs. Roberson did seem like a nice person, even with her admitted mistakes and adultery, and at the end of the day, the jury only had her to hold accountable (since a jury wasn’t allowed to hear the evidence against him in his own trial) and they gave her 5 years because someone had to be held responsible for the death of the victim and they couldn’t turn to the family of the victim and say that no one would go to jail for his death.

    True, the husband would have had a defense IF she had said it to make him act and IF he had BELIEVED her but at the end of the day, it appeared that the DA became the judge and jury deciding who the jury got to judge.

  58. Selwyn Says:

    It may have been a spur of the moment thing when Mr. LaSalle was shot by Mr. Roberson, who knows. However, in the aftermath, when Roberson saw his wife in only a rob & underwear, what were his thoughts? Rapes can occur anywhere/any place. But If she were being raped, why is she out side in a robe & underwear with the kids inside. She had to have been dressed that way first “inside” the house before stepping outside into the truck with Mr. LaSalle. Any married woman knows that you “never” go around another man dressed inappropriately unless you want to initiate a thought or act from the opposite sex.

    Maybe Mr. Roberson, thinking his initial actions were just, was taking the fall in discovering what probably did happen. Maybe he was concerned that his was wife having an affair (not knowing w/whom) said the he would shoot/kill any man caught with his wife. Who knows.

  59. zookie Says:

    Laws need to be changed. Too often a girl cries rape and the guy gets a large prison sentence. After a friend of mine was accused of raping his 13 year old granddaughter
    he got up one morning feeling the pain and pressure of a false accusation got drunk drove to a remote place and shot himself in the head. His death was unnecessary two days later the girl was found to have never been penetrated in her life..a virgin. How many men are accused falsely and had their life ruined by someone that wants to get even or wants the attention or whatever. A few years after she met some guy on the internet and ran off with him. Today she acts like nothing happened but what a senseless thing to do. I hope laws do change so that men have aright to defend themselves and when they are guilty they do need to be punished severely but in cases of false accusations the law should work against the person that lied.

  60. Beverly Lanfear (1 comments.) Says:

    Zookie I just read what you said and it literally made me sick to my stomach. This witch hunt of the century, I can’t believe how everyone has fallen hook line and sinker for this scare tactic! You instill fear, what do you get???? Control of the people! Wasn’t it Hitler that used the tactic “to protect OUR children”?? Will history repeat itself?

    There are two statements to this day whenever I hear them or see them written I will answer. Those statements are: “Why would an innocent person take a plea bargain” and “Why would an innocent person commit suicide?”

    I was victimized at the age of 18 (I am 47now) yes I know what it feels like to have a gun crammed down your throat or elsewhere and forced to do something you do NOT want to do. Yes I am lucky, I survived. No I mean literally survived. Thank God my parents raised me with strong Christian morals and over and over explained the importance of forgiveness and why forgiving was crucial to your survival and in shaping your moral character. No it wasn’t easy to forgive, and it didn’t happen over night, and yes the anger, the guilt was leading me down the wrong path. To this day I don’t really remember what it is that snapped me out of it; I just know my parents sticking by my side probable had 90% to do with it. It’s not easy to become a survivor but a person can do it. Getting an excellent counselor would benefit many.

    Never in a million years did I ever think I would go through the hell of watching my son at the age of 18 (back in 04) go through false allegations of a sex crime. He was identified out of a photo line up. He had just moved to Bryan/College Station to attend Blinn and yearned for the day he would get accepted into A&M. (We have many Aggies on both sides of the family along with a few Longhorn’s) Nine months prior to my son’s arrest in December of his senior year in High School he had just renewed his drivers license. He weighed 225. Baseball was his thing and he decided right after Christmas to lose some weight so he could be faster on the bases. By the time he graduated he was down to 180. He lost nearly another 10 that summer working here in Palacios with his father’s construction company.

    My son was in the B/CS area for only four short weeks, two of that classes when he was arrested on 4 counts of indecent exposure, along with the allegations that he would approach his victims, start masturbating and asking for sexual favors, plus they aired his mug shot on every TV station in that area.

    After learning the extent of the allegations and being told more charges may come through I knew we had to hire one hell-of- a defense attorney.

    I will never in my life forget some of the first words this attorney us (me, my husband, and my son). After my questioning of how???? And numerous other frantic questions the attorney replied: “Mrs. Lanfear innocent people are arrested everyday.” “Mrs. Lanfear innocent people are convicted everyday.” “As a matter of fact Mrs. Lanfear 25% of the people who are convicted in Texas are in fact innocent.”

    We immediately withdrew our son with the high approval of the attorney, he said there was absolutely no way he needed to stay in the area, and that there was no way he could concentrate on his studies with these kind of charges hanging over his head.

    Here is a great article that explains why and how innocent people are convicted and sent to prison: “Could you be innocent and still go to prison?” http://www.nacdl.org/public.nsf/defenseupdates/innocence023

    There where nearly 15 – 20 dates with these type of allegations! Our sons attorney was only given 3 dates! (The article above talks about withholding evidence) My sons attorney fought like hell to get a suppression hearing on his identity. Finally! Eight months down the road we got it. Rest assured if these dates would have been given to my sons attorney in the beginning as our constitution states: We SHALL BE GIVEN ANY AND ALL EVIDENCE HELD AGAINST US. What? Eight months and thousands of dollars down the road??????? Yeah right!

    This hearing did reveal all the dates. Oh we immediately realized on one of the 3 dates that our son wasn’t even in the area yet and yes we had proof. A receipt from a tire store where he had a new tire put on his truck and everyone there remembering him being there and willing to testify.

    The incident continued on and on after my son moved back home. Same description as to how he was described heavy set white male…same apartment complex. Didn’t matter they had to hang onto my son, there answer? “There could be two of them running around.”

    We hired a private investigator when we learned through a friend in April who lives in Houston and found the article on the internet, about the incident happening at the same complex where my son lived. The incident happened on December 26th. On December 24th we had 10 inches of snow and I had pictures of him in the snow on the 25th and 26th!

    My son was identified out of the same photo line up. The same photo line up??? He had been out of that area since September, two days after his arrest! Why the heck did they still have him in the line up?????????? Our PI met with this victim, he should her pictures of my son, fat and skinny. She immediately knew they had the wrong guy and was willing to what ever she had to, to help us!

    My son was arrested on September 12th of 04 and finally a trial date was set for August 21st of 05. (These dates may be off a day or so) At one time I was so ready for this to go to trial. Most of the dates stemmed all the way back to June of 04! We had absolute proof my son was still in Palacios, 3 hours away from there. We had signed charge account receipts that he signed for his dads construction company at a local hardware store on a daily basis, subpoenaed phone records that prove by the nearest tower where he was….yet I was petrified of him being convicted. Why? Because during this time I dug and I dug deep and the further I dug I felt like dying! I talked to many people all over the United States that have a loved one incarcerated over hearsay and some who had enough evidence that in no way should have ever had them convicted! Most of those are on an appeal.

    So, when my son was offered deferred adjudication a non-conviction by law, I wanted him to grab it and run! Until we were told, “I don’t know if he would have to register or not.” Our attorney would have to check, but before he got back with me on that answer I found it out. The law states one conviction of indecent exposure no. He had 6 charges in total, 4 victims =’s 4 convictions.

    I will never for the life of me forget watching my son deteriorate right before my eyes! To see this fear in his eyes scarred the living hell out of me. Suicide??? HA! I can’t tell you how many times I would go up to his room at night after he was asleep because he always assured me he was okay and didn’t need me up there. How many times did I sleep against the wall or his bed thinking that maybe, just maybe if he tried anything I would wake up and be there to save him!

    How in the hell could a person NOT feel like attempting suicide after all the garbage you hear day in and day out on TV. You hear one case repeated over and over with all the explicit horrible details of a child’s murder, making it seem like some horrible epidemic. I have to find the sources I came across from the United States Department of Justice that states that only 10- 15% if of the sex offenders on the registry are pedophiles are predators. I can’t believe not one single person protests news stations who throw these sickening details into our lives and children’s lives and scarring the hell out of everyone! What about respecting these children’s death! How dare these people show this kind of disrespect for a child’s death! Do you think for one moment I would have allowed the horrible details of what I went through to be aired?????????? BS! I am not saying it shouldn’t be aired, but to continuously exploit it for what??? For the best story? Best Reporter, for the BUCK! The death of these children have become trophy’s for reporters and that my friends is sick! @!!!!!!!!!

    So where does that leave the other 80% that are on the registry?????????????!!! All in the namesake “If it saves one child.” Wake up people! So why! Why the hell are they our government and laws making children register as sex offenders??????? I ask you to go to this link http://www.tajlr.com/forum/viewforum.php?f=20 There is a topic called children arrested for sex crimes. Those are only a drop in the bucket! There are some articles scattered throughout that forum. We are working on better organizing our website…but read.

    My God yes there are evil violent criminals out there, I know this!! But I can tell you one thing just as I had to recently when I had jury duty for the first time since my son’s incident…..and of all things is was a sex crime. When being asked the questions about matters that would make anyone feel they might be an impartial juror (forgot the other word). The question was, “Sometimes there is only one witness and that being the victim.” “Many times it he said she said, or a child and most people feel children lie.” “Is there anyone in here who would have a problem finding someone guilty over this?”

    HA! Yes I spoke up. My answer, “Absolutely I would. (I alerted the Judge, the defense team and prosecuting team at the very beginning when they ask people to step forward if they had concern of conflict of interest, so I told them everything about my son and we the family went through), and went on to say I would have to have rock hard solid evidence, that there is no way I could find someone guilty over a he said she said thing. I would have to have DNA, medical records showing trauma be it physically or mentally and finished off saying, “In other words I would rather set one guilty man free than to imprison one innocent man.” What was funny is some people started to applaud, but the look on the judge’s face gave fair warning! What an experience that was. No I wasn’t picked……during our lunch break …actually before, sitting in this court room look at this 19 year old young man and his mom who sitting across from me…..my own personal emotions kicked in. During the break I never left for lunch I sat out in my vehicle and literally lost it. In that court room all I could see was my son and my family…….I would look at this young man and his mother. I wanted to be on that jury so bad…you better believe I could find someone guilty of sexual assault if there was enough evidence to prove it!!

    I feel for anyone who has been falsely accused of child abuse, domestic violence or a sex crime. Maybe it’s just me but the stigma of being accused of pedophile, a rapist, a child abuser, or a wife beater…it scares deep…..just as deep as the scars go for those who are raped and beaten.

    I know my son is by far and few one of the luckiest young men alive on this planet earth in this day and time to be totally exonerated of all charges. Three weeks before my sons trial the real perpetrator was caught.

    Recently I mean this year I learned from a highly respectable source in that area, that the officer not he one who did the investigation but the one main one in charge I guess…said…That kid should have NEVER been arrested.

    Al I asked for was a decent retraction to printed all I got was….Mrs. Lanfear you are not the victims here, nobody did anything wrong.

    Fifty grand or more in the hole, the hell of going through a year of sex allegations against my son, yeah right …well you see my son was lucky because he was picked from a photo line up and not falsely accused of raped by some ex-girlfriend or ex-wife. Those are the innocent people who don’t stand a chance! Again I am not saying everyone is innocent, but there are in fact way too many innocent people sitting in our prisons and jails.

  61. Gry planszowe (1 comments.) Says:

    Fajna strona, znalazlem ja przypadkowo ale teraz bede tu wpadal czesciej, pozdrawiam

    Gry planszowes last blog post..Tajemnica opactwa

  62. jane doe Says:

    alright im a women but if i liked another guy and me and him had alot in common i wouldnt just go sleeping around w/him i would tell my husband that we are not working out and i think it is time for a divorce,but then again what if me and my husband were good 2gether? any ways im a mormon and alot of people think that mormons have more than one spouse now-a-days but thats not true atleast not in cali! but if i was close to my husband i would tell the other guy to get lost i do not believe in affairs,but if i was ever raped i would go to my older sister and then my resat of the family i also do not believe in lie-rapes because peoploe who do that5 are only covering thier butts from their spouse finding out about the affair and some people do it to get attention or they are mentally challenged but their are many cases for lie-rapes

  63. Ken Says:

    Brian, you’re missing something in this story. Your telling goes directly from the grand jury indictment to “the sentencing jury deliberated more than 2 days before sentencing Mrs. Roberson to Five Years in Prison.” People are not sentenced after indictments. People are sentenced after convictions. This means that there was a full trial and Mrs. Roberson was found guilty. There had to be a full examination of what happened that evening, and Mrs. Roberson had a chance to defend herself in court. The jury found her guilty. Unless you have access to some additional information, your “gut feeling” is irrelevant. Honestly, the whole thing sounds suspicious to me. My “gut feeling” is that it would be very hard to understand what happened that night without hearing both sides and examining all of the evidence. That’s why we have a judge and jury, and that why we don’t convict criminals based on the “gut feelings” of columnists and bloggers.

  64. LaurenArielle Says:

    I don’t know too many details about this specific case but I do think it is great that the woman who cried rape was so harshly punished. It is already difficult and rare for a woman to come forward and press charges against a rapist. Every time a woman falsely accuses someone of rape it makes it that much harder for someone who is truly a victim to receive justice.

  65. jcorn (1 comments.) Says:

    A lie led to death. I do not know about justice in this case. The dead can not speak for themselves but jurors see situations through their own biases. I note this as someone who once faced a doctor tried of medical malpractice while writing an article. He was not found guilty but he clearly felt shame. He left his practice. He killed himself. Two people dead instead of one and who knows if justice was served and the dead person’s family felt avenged. If it was my child who had suffered the results of medical malpractice it would not make me feel better.

  66. Stefano Says:

    The way I see it is…
    The wife deserves punishment for falsely accusing her lover of rape.
    The Lover didn’t deserve to die but deserved punishment for having an affair with a married woman.
    The husband deserves punishment for killing the lover.

    I mean come on! Does no one think that life is worth more than that. Hell yeah the guy deserved punishment for the affair and even more so if he would’ve been rapping the woman for real. But he still doesn’t deserve death as his punishment. I think life imprisonment without the possibility of getting released would’ve sufficed. (And not the cushiony kind of prison life that convicts get today, don’t even get me started on how much bullshit I think it is that they live better than most lower class americans. Most of the guilty scum in those places don’t deserve even HALF of what they get.)

    Overall I just think it’s really sad that someone lost a life over this crap. Whether they did something wrong or not, I wish he could’ve remained alive.

  67. John Says:

    I agree with this verdict 100%. SHE FALSELY CLAIMED RAPE TO COVER AN AFFAIR. The husband killed a man assuming a rape happenned. She should definitely go to jail for this. She should have received more than 5 years in my opinion. Imagine if the lover got reported for rape and went to jail for raping this woman when in fact they were lovers and he didn’t rape her. If he ended up getting falsely convicted, then what??? She only cared about herself. She is EVIL and there are a lot of women that cry rape and get away with it. She should have received 10 YEARS at least for FLASING CRYING RAPE. GOOD JOB TEXAS!

  68. Wayne williams Says:

    ok… assuming he didn't know about the affair then the shooting is justified. If he did know about the affair then its another ball game. Personally If I catch a guy raping my wife or daughter then he would be shot or beaten to death without hesitation. I think the wife should have received the maximum of ten years for manslaughter.

  69. Zev P Says:

    thats called hitting it out of the ball park brother Mike – No problem at all

  70. Aravind Says:

    You say in your article: "If the husband knew absolutely nothing and this was a pure spur of the moment decision to try to save his wife, I would feel better about the justification defense here."
    What?
    Should a thief in your house be shot dead ?
    Should a person on your(attacking/raping) your mother/sister/daughter(victim) be shot dead?
    What about if the "victim" is a friend or stranger? Is that justifiable then?
    What about "honor killings" where the family kills their daughter or so for sleeping with someone out of pure rage/anger in some countries(and this may be without pre-planning ?
    So many questions..

  71. Huma (2 comments.) Says:

    It would be up to the jury as fact-finders to figure out if they believed that the husband killed the lover because he legitimately thought his wife was being raped or because he suspected an affair (ie, didn't believe her lie) and wanted to take care of business.

    The law allows for certain mistakes of fact when it comes to self-defense. You're allowed to use deadly force against someone if they use deadly force against you, even if they just break into your home, the whole 'a man's home is his domain/castle' idea. You're allowed to use deadly force if you reasonably believe someone is using deadly force against your family, being your wife and kids and parents, etc.

    That's all first year torts in law school.

    Rape, because it is seen as an invasion of the body, counts as one of those crimes where the use of deadly force is reasoned to be appropriate.

    The law even allows for something called "imperfect justification," which would apply in this case. Basically, it allows for a mistake of fact defense if the first party, the husband here, REASONABLY believed that someone was using deadly force against his wife (and again, rape counts as one of the qualifying elements for use of deadly force against an attacker). He reasonably believed that his wife was being raped, per the fact-finders, aka the jury, and so he acted with deadly force. It's permissible under law.

    It's also elementary CrimLaw back in law school.

    Yeah, it seems shocking to the conscience that the man that actually pulled the bullet got off scot free. He should be charged with something, but that's where the mistake of fact defense comes in. He gets off. World keeps on spinning, according to the common law (or MPC, ha ha) in this country.

  72. Brad Says:

    agreed. all is right in the world with this outcome. the Wife should have been sentenced to more than 5 years though.

  73. Navy Guy Says:

    How the system works today, I think Pentad is right. Crazy thing is i think a coin flip will give better predictions of right and wrong then how the jury sysem works today. atleast you have a chance 50/50 either way.

  74. Mary Says:

    Okay, I gotta throw in my 2 cents here…. I've lived in TX for since 1982 and though I remember the headlines of this case; in all honesty, I can't ever remember any coverage stating whether or not there was any evidence or testimony that suggested that the husband may have had prior knowledge or suspicion of the affair. So, Mr. Cuban, if you could post any news articles, video or information that would tell me why your "gut" thinks he must have known, it would help me to make a better informed decision on whether or not I agree with your assessment.

  75. Mary Says:

    If you agree that the husband believed he was saving his wife from a violent crime, how can you still call what he did murder? How was he to judge whether or not the assailant was in the process of raping & killing or just raping in that split second time frame?

  76. Mary Says:

    My second comment is based on what I learned, when I sat on a jury in an attempted rape case. The jury instructions can have so so so much bearing on how the jury views & decides a case. In the case I sat in on, which had gone to trial 2x with a hung jury, it's my opinion that the jury was hung due to how the jury instructions were written. We all agreed that the guy deserved to be charged & legally punished for his actions, but we could not agree to convict him of the actual charges levied against him according to the instructions we were given.

  77. Mary Says:

    Many of us could state exactly where we believed he crossed the line legally, but the instruction sheet was very specific on what could & could not be considered & how. Also, something else I found out….At one point we were all deliberating on a specific sentence in witness testimony that we believed some of us may have misheard…and requested to have that portion of the transcript read to us. The judge denied are request on the basis that (according to the judge) it wasn't necessary for the judgement of guilt or innocence. Sometimes the jury's ability to decide their conscience is hampered by the jury instructions…they don't always have good options.

  78. Mary Says:

    Your link was bad…I believe this is the article you were refering to:

    http://en.wikipedia.org/wiki/Jury_nullification_i… and here's the remainder of that paragraph you were quoting:

    (Adams was, however, referring to Crown courts in which the judges were servants of the King and not to the independent judiciary of post-Revolutionary America.)

    And here's a quote from the reference section of that wikipedia article:

    "…the court can also attempt to prevent such an occurrence of juror nullification by (1) informing prospective jurors at the outset that jurors have no authority to disregard the law and (2) obtaining their assurance that they will not do so if chosen to serve on the jury." People v. Estrada, 141 Cal.App.4th 408 (July 14, 2006. No. C047785).

  79. Mary Says:

    Unfortunately, I did not see your comment until after I made mine–in which I asked what made Mr. Cuban believe that the husband had some advance knowledge of the affair. You've answered that one…My question to you, since you were at the trial is this: Was there anything (in your opinion) at the grand jury trial that allows for the possibility that Mr. Roberson could have mistakenly assumed rape, initially & only realized that it was consentual after the gun shot? If not, you may have proven my point about jury instructions, not giving jurors any good options.

  80. Larry Armstrong Says:

    I am glad…. Texas has so many laws against men, (parental fraud is legal) etc… I am glad she got what she deserve…. Men in America in general are treated like the women in Arab Countries, no rights…

  81. Karen (1 comments.) Says:

    It's terrible how women make false accusations. Not only are the causing so much hurt for the accused and their families, they are also making it difficult for other women who have genuinely been raped to get a conviction. I certainly think women who make false accusation should be put in prison!

  82. Daniel Says:

    From a criminal standpoint, Mr. Roberson is in the clear. It was ruled that he was acting to defend his wife and therefore was justified in his actions FROM A CRIMINAL STANDPOINT. He may be liable for pulling the trigger in a civil trial, though. Whereas the State of Texas has no case against him, Mr. LaSalle's family may. However, these civil trials are privately funded, which can make it difficult for some families to afford prosecution. Remember, OJ was acquitted in his criminal trial, but was found guilty in a civil trial and was required to pay.

  83. Joseph Condron (1 comments.) Says:

    That is awful. A lot of people simply hate women and exhibit self-righteous sexism. I hope there will be an appeal.

  84. Kim@Galavanting (1 comments.) Says:

    I'm not at all religious, but you are correct that the bible says "an eye for an eye". However, that's the old testament. The new one, and in the words of the person you seem to believe is God, says "You have heard that it was said, 'Eye for eye, and tooth for tooth.' But I tell you, Do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also. And if someone wants to sue you and take your tunic, let him have your cloak as well. If someone forces you to go one mile, go with him two miles. Give to the one who asks you, and do not turn away from the one who wants to borrow from you."

    So it seems we all have to choose. Old Testament religious retribution, or democracy and the rule of law. I'll go with rule of law. A woman with a husband who runs out and shoots someone for *either* rape or an affair should also be convicted of a crime.

    Just sayin'.

  85. Jon Says:

    The dead guy got what he deserved. He knew she was married yet still decided to f*ck another guys wife at his own house. The husband got rid of two scumbags with one bullet. Good for him.

  86. Stephanie Lopez Says:

    There's a difference between "I thought the guy who raped me was this guy but it was actually this guy" and "I had sex someone other then my spouse or lover so I'll say that the other person raped me"

  87. Crish Bronze (1 comments.) Says:

    There should be strict rules against rape cases. Who ever is found guilty should have toughest prison.

  88. @JessicaClackum Says:

    That's a tough case. I'm a huge proponent of "let the punishment fit the crime" and it's hard to decide if five years fits the crime or not. I think it would depend on what her husband knew. I wonder if she could somehow be culpable even if it's determined eventually that the husband knew about the affair, that she put them all in that situation. Very interesting case and also very disturbing.

    I think we do need to set a precedence that lying about a crime will be punished and that includes lying about being raped. What comes to mind for me is the woman who cried she was raped by the students at Duke University. When it was finally proven that she did lie, did anything ever happen to her? How long do you punish her? What's a satisfactory sentence to make up for the harm and loss she caused those young men?

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