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In addition to prosecuting 12 lawsuits and counting Texas full-back Deshaun Watson, attorney Tony Buzbee on Monday will make an effort to incite a criminal prosecution of Watson.
“On the advice of a well-known criminal lawyer,” Buzbee said on social media on Saturday night, “[o]your team will submit affidavits and evidence of several women, who experienced with Deshaun Watson, to the Houston Department of Police and the District Attorney in Houston on Monday morning. We will request that a grand jury be decorated to consider the evidence we provide. ‘
If you request that a grand jury be converted, it will not automatically result in a grand jury being decorated. First, the prosecutors must decide whether the cases should be continued.
The high standard of proof beyond a reasonable doubt becomes an important factor for prosecutors in deciding whether to proceed with criminal cases. Most prosecutors only strive for cases they know they can win. Cases based on two witnesses going to test stories that go against each other become difficult to prove beyond a reasonable doubt.
The prosecutors must decide on the proper exercise of the great discretion that the office has at its disposal. It will be based on the evidence received from Buzbee, and on everything that Watson’s attorney makes available, if anything, to convince prosecutors that reasonable doubt exists.