Marshawn Lynch: still not talking

Marshawn Lynch: still not talking

By Jenny Rizzo

District Attorney Frank Clark now presumes that Marshawn Lynch was behind the wheel of his SUV at the time of a hit-and-run accident in downtown Buffalo last weekend. So what kind of trouble can the Bills running back face if the DA can prove his case in court? 7 News Reporter Jenny Rizzo has the story.

Marshawn Lynch isn't your typical defendant. He is a celebrity and he's what lawyers refer to as a "deep pocket defendant" -- someone with a lot of money who can be sued in a civil action. So there are a lot of interests at play in this case, which amount to a lot of reasons why the Bills running back may be staying silent.

It was early morning after a night out at the Chippewa bars when a Porsche SUV owned by Lynch struck a Canadian woman and then left her lying in the road. The fact that six days have gone by without an arrest tells 7 News legal expert and defense attorney Thomas Eoannou that Buffalo Police don't have probable cause. "Clearly if the police by now had a positive ID that they could corroborate in any way, Marshawn Lynch would be arrested. So in my opinion, there is not an ID that they're comfortable with."

7 News cameras caught exclusive video of Marshawn Lynch's attorney, making his way into Lynch's Hamburg home early this afternoon, and then leaving a short time later. Michael Caffrey said, "I just came to see Marshawn and that is it and don't expect anything further on it."

Police say the surveillance camera, mounted to the intersection where the hit-and-run happened, did not show who was driving the vehicle and Lynch is not talking to police. Erie County District Attorney Frank Clark said, "As of right now, his attorney has not given us access to him. We cannot force him to speak, or anybody else. He has the right to remain silent."

Eoannou said, "I would absolutely advise him to remain silent. When you are a celebrity, there's a lot of pressure on police to arrest you."

Eoannou has represented celebrities before and he points to outside factors that can affect and influence how a defense is prepared for a client. "Endorsements, I'm sure are a big factor. When I represented Tim Mcgraw, he had the Bud Light endorsement which was a big concern for everybody. If you say something wrong, you may lose your endorsement."

On the other hand, there is public perception to consider and also leniency on the part of prosecutor. Clark said, "Quite frankly, the more time and effort is expended in this, the more media coverage it gets, and the less likely I am to plea it to anything less than the charge."

The victim in this case was treated and released from the hospital last weekend. A hit and run is a misdemeanor, punishable by up to one year in prison. Clark expects the investigation to be over by the beginning of next week.
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