Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

In the battle for collegiate conference supremacy, West Virginia University, paid big time to get what they wanted. While WVU's athletic director, Oliver Luck, said the terms of the settlement were confidential, it has been reported that the settlement totaled $20 million. It is unknown how the settlement proceeds will be paid, however, they will not come from state, taxpayer, tuition, or other academic dollars, rather exclusively from private sources and money the athletic department raised independently. This settlement stems from WVU's suit against the Big East challenging the enforcability of the Big East's by laws so WVU could leave for the Big 12 prior to the 2014 season, a 27 month requirement. After WVU filed suit, the Big Easy sued WVU in another venue, alleging that WVU breached its contract with the Big East and was required to remain in the Big East for two years. Recently, WVU's motion to dismiss the Big East's lawsuit was denied, which most likely prompted the settlement. As part of the settlement and dismissal of the suits, WVU agred to have a West Virginia court enter a judgment declaring the Big East's by laws valid and enforceable. By leaving the Big East, WVU should receive between $18 and $19 million per year from the Big 12's lucrative television deals, nearly double what it would have received from the Big East. With the settlement, WVU is cleared to join the Big 12, and will begin conference play at home against Baylor on September 29, 2012. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It is former UVA Lacrosse Star, George Huguely's defense that he didn't intentionally kill Yeardley Love. Huguely claims they had a rough physical encounter in which Love "freaked out" in mixed of alcohol and Adderall.

But Tuesday, the Assistant Medical Examiner told the jury that Love's blood alcohol level of .14 and normal level of Adderall (for some on who takes it) in her blood did not cause her death. The medical examiner instead explained to the jury that Love's brain sustained such intense blunt trama it was like she was in car accident. According to the prosecution, the trauma to the brain was so severe it would cause a slowing of breathing and cardiac arrest.

This type of devastating medical evidence will be very difficult to overcome for the defense. Testimony about massive brain trauma causing Love to suffer a cardiac arrest is "impartial evidence" of violent intentional murder. This type of evidence will prove, for the moment, the Love's death caused a vicious and dangerous person.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The prosecution's theory of murder against former University of Virginia lacrosse star, George Huguely, is simple. The state claims that, in a rage, he brutally murdered his ex-girlfriend, Yeardley Love.

Huguely, for his part, contends, that they both consumed large amounts of alcohol and that Love was also taking Adderall which caused her to "freak out." Huguely claims that they might have struggled but he never intended in kill her (no premeditation for Murder 1).

On the last trial date, the prosecution decided to play Huguely's interrogation video showing when the police told him that Love was dead. On the video and live in court, Huguely began to cry. His open emotion caused Love's sister to cry in an inconsolable fashion. More importantly, at least 2 jurors were seen in tears.

So was this a positive moment for the defense? Was Huguely's pain enough to humanize him for the juror and cause him to become a sympathetic figure?

Many court observers seem to think so but trial moments can be fleeting. Just because there was shared pain over the death of Love does not mean that the jury will nullify a murder charge. The court will also instruct the jurors that sympathy has no place in their deliberations. It seemed to me that inexperienced trial reporters may have placed too much emphasis on a passing emotional moment.

These same commentators failed to recognize the brutality of the alleged crime and how badly beaten Love was at the time of her death. Huguely will have the jury believe that her injuries were self-inflicted or from lacrosse games. But the jurors will see that Huguely literally may be put Love's head through a door in his rage.

That horrible image will last longer than a moment of tears.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As the Penn State scandal moves along, there are smaller-scale (but perhaps equally significant) incidents coming to light involving sports figures and coaches.

It is being reported that an underage sex sting operation in Florida resulted in approximately 40 arrests, including a swim teacher and former PGA Tour Professional Steve Thomas. Thomas was charged with seducing an underage girl, and using a computer to entice a legal guardian or parent to commit sexual acts on an underage girl.  Apparently, Thomas was caught in an operation set up similar to NBC's "To Catch a Predator," where he attempted to meet with a girl he thought was 13. The swimming coach arrested is Bryan Woodward of the Gator Swim Club. Mr. Woodward coached children of various ages since he was hired in 2010.

Also, a former NFL lineman committed suicide this week, as he was about to enter a plea in Oregon to five counts of sexual abuse and one count of luring a minor. According to the District Attorney, the charges involved three victims, all under the age of 14. 

This kind of conduct is not new, but high profile cases such as Penn State will lead to reporting of additional abusive situations. Locally, a Catholic High School coach was recently arrested for videotaping boys in the shower room. Although there was no evidence of any sexual contact, Immaculata High School's Pat Lott was arrested on multiple counts of endangering the welfare of children. A search of Lott's computer allegedly revealed multiple photographs of underage boys in the shower, and a hidden camera was later found in the shower area. 

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Floyd VanHooser, a prison inmate and one of four men who accused former Syracuse Associate Basketball Coach Bernie Fine of having sexual relationships with them when they were children, has admitted that he lied. VanHooser said he wanted to get back at Fine because Fine did not hire a lawyer to help VanHooser fight a criminal conviction. In December, VanHooser told The Associated Press that Fine began sexually abusing him when he was 14 years old, and the abuse continued as an adult, when the contact included sex acts for money.

In a prison interview on Friday, VanHooser said that he and Fine had a sexual relationship as adults for many years, and it continued until last summer. VanHooser said Fine first approached him for sex when he was in his 30s, and that he was usually high on heroin when they had sex. Additionally, on Thursday, The Post-Standard, a Syracuse newspaper, received copies of two letters dated Nov. 29 that VanHooser wrote and mailed to Fine. In the letter VanHooser stated, "In a statement I gave, I told a lot of lies about Bernie Fine. None of what I said was true. Bernie has been nothing but good to me over the years. He was the only thing I had close to a father. He never did anything wrong. He is a good man."

Onondaga County District Attorney William Fitzpatrick, without seeing the letters, said he was not surprised that VanHooser admitted he lied about Fine. In fact, last month Fitzpatrick, referred to an unnamed fourth accuser in the Fine case as someone serving a life sentence in prison and a persistent felon. He said that person's claims were not credible.

VanHooser is serving 16 years to life at Clinton state prison near the Canadian border for several burglaries of Syracuse-area homes. He was sentenced in October as a persistent felony burglar.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Some scandals just seem to have no end.

Apparently, as disclosed by Penn State President Rodney Erickson, the Penn State Board of Trustees received a “briefing” on the Sandusky Grand Jury investigation three months before Sandusky was arrested. The briefing was allegedly conducted by former PSU President Graham Spanier before he resigned after much criticism of his handling of this incident.

Now, you can take a wild guess on how many non-law enforcement individuals should be “briefed” on secret grand jury proceedings? If you answered “zero”, you are right.

The result, in part, of this bizarre briefing of the PSU Trustees is that a “re-interviewing” process has now begun of Penn State “staffers” by the State Attorney General’s office. Once again, prosecutors will be asking who knew what about Sandusky’s alleged crimes and when did they really find out. In addition, prosecutors will be investigating to determine when Penn State officials “got their stories together” after an improper briefing about what might have been said in the grand jury.

Once again, not good. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As admitted by legendary basketball coach, Jim Boeheim, he should not have called Bobby Davis and Michael Lang “liars” and “out for the money and nothing else.” Boeheim has now recanted these statements and apologized.

Both Davis and Lang claim that they were sexually abused, as children years ago, by now fired Syracuse Assistant Coach Bernie Fine. These allegations cannot be locally prosecuted as the statute of limitations has run but they are the subject of an ongoing federal investigation.

In response to Boeheim’s comments, Davis and Lang, through celebrity attorney Gloria Allred, commenced a lawsuit against Syracuse University and Jim Boeheim for damages on a claim of defamation. Now, normally calling someone a liar can be construed as an attack on a person’s reputation. However, in the case, the plaintiffs’ are claiming that the words used by Boeheim are much worse because of the speaker is in the Syracuse community.

Davis and Lang argue that they were damaged by being verbally attacked by Boeheim who is more than prominent and powerful figure in Syracuse. They noted that Boeheim has “star status” in Syracuse and because he is “elite.”

In sum, Davis and Lang are alleging that not only the words uttered by Boeheim were damaging to their reputations but this offense has been compounded by the star-like status of a very powerful speaker. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Today, before the national media, Jerry Sandusky's defense attorney told the world that his client was innocent and he was going to "fight like hell." So why didn't they?

Instead of going through with a preliminary hearing on whether the prosecution had probable cause to charge Sandusky with the crimes in the indictment, the defense waived the hearing and decided to proceed directly to trial. In the news conference that Attorney Joseph Amadola appeared to be enjoying, he stated that the hearing was waived because the defense could not fully attack a witnesses credibility in this type of limited hearing. Amadola also said that the defense waived the hearing for public relations reasons of not having these horrible allegations repeated, on a national stage, against Sandusky.

Well, "public relations" concerns are not a very sound defense strategy. In cases that hinge on the credibility of witnesses (especially from years back), a defense attorney wants as much testimony as possible. The defense attorney wants the prosecution's witnesses to tell their stories, on the record, over and over again. Remember, no one tells a story the exact same way twice. If Sandusky has a chance for an acquittal, his defense team needs to exploit inconsistencies in critical witnesses' accounts. A good defense attorney will use these inconsistencies, however minor or benign, to create reasonable doubt in the minds of a juror.

Yet, today, the defense bypassed this golden opportunity to get more inconsistent statements on the record. Forget about "winning" the preliminary hearing, the object of the game is to build an arsenal for the defense at trial. Since the defense gave this up, is the real truth about the strategy something else?

We heard a relieved prosecutor state that he was pleased that the complainants were not "re-victimized" today. In my experience as a prosecutor, this suggests that the defense wants (or may want) something in return. The eventual trade off here may be a more favorable plea deal for Sandusky.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Today, the Pennsylvania Attorney General, Linda Kelly, announced that Jerry Sandusky would be facing additional charges in the continuing child sex abuse scandal. In the latest indictment, Sandusky has been charged with four counts of involuntary deviate sexual intercourse, a first degree felony, and two counts of unlawful contact with a minor. The new allegations pertain to two new alleged victims who were minors at the time of the alleged encounters. The two minors, known by their alias as Victims 9 and 10, both encountered Sandusky through his work at the Second Mile foundation, which he began. According to Ms. Kelly's statement, Victim 9 was between 11 and 12 years old when he met Sandusky around 2004. It is alleged that Sandusky provided Victim 9 with gifts and money and took him to Penn State football games. Also, according to the AG's statement, Sandusky allegedly met Victim 10 in 1997 after a counselor recommended that Victim 10 attend the charity "because of difficulties in his home life." In total, Sandusky is alleged to have victimized 10 boys over the course of 15 years. According to Kelly. the additional charges filed today "were recommended by a statewide investigating grand jury, based on evidence and testimony that was received following the initial arrest of Sandusky on November 5th." Sandusky, who continues to maintain his innocence and his taken to the public airwaves to share some of his story, most notably an interview on "Rock Center with Brian Williams" will have a preliminary hearing with respect to these charges on December 13, 2011.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Let's face it, the last few weeks have not been very good for Penn State or its legendary football program. In fact, they have been so bad that Joe Paterno was fired and has now gone quiet. The allegations of serial child abuse by former assistant coach Jerry Sandusky and a possible institutional cover-up have turned into a nightmare for the school.

However, Penn State promised us a thorough "investigation" and a search for the truth into these charges, no matter how ugly the facts may be. Today, Penn State took a substantial step in keeping its promise. Penn State needed a major (and independant) law enforcement official to give any internal investigation some credibility. In naming former FBI Director Louis Freeh, Penn State has chosen wisely.

Since Freeh used to be the head of the one of the world's most elite criminal investigation agencies, he has the skills to do a true investigation into this scandal. But, even more importantly, he should have the connections necessary to coordinate his efforts with law enforcement (state and federal) to find out just how deep this scandal may go.

As this story broke, Penn State seemed stunned and slow to react. With choice of Freeh to head its investigation, Penn State has cured that problem, as least for now.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

We all know how this works. There is a horrific scandal involving PSU and defensiveless children, the school lied, covered it up and then fired its long term coach, Joe Paterno. So the ink on the avalanche of lawsuits against Penn State should be pretty close to dry right now, right? Penn State is going to pay countless millions, right?

Well, maybe not. None of the pundits are talking about it (because they haven't played it forward) but the State of Pennsylvania has a monetary cap of $250,000 of claims against the state and its agencies. As part of the its torts claim act ("TCA"), If a public entity is deemed to be a "agency of the commonwealth" then this limit of liability will apply.

My review of the TCA shows unsettled law of whether of Penn State will be able to gain this protection. But you can rest assured that Penn State's lawyers are going to seek all of the protections that may be avaiable under the TCA.

Also keep in mind that there could be significant statute of limitations problems for some of the victims from more than a decade ago. Either way, the point is to keep in mind that if the TCA applies, then the potential verdicts agaisnt Penn State will be greatly reduced.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Lawyers often differ on how to approach cases. I don't like a criminal defendant giving a interview to a hostile media. After Jerry Sandusky's disastrous interview yesterday this is why:

1. Burden of Proof: the biggest advantage a criminal defendant has is that the prosecution has to prove each and every element of its case beyond a reasonable doubt. This is the highest standard in our law. After Sandusky's interview, here's what the prosecution no longer has to prove because Sandusky admitted it. Sandusky told us he showered with young boys on more than one occasion, they were naked, their bodies touched and he was the only adult present in the shower. Now, the only factual difference from the indictment is that Sandusky uses the term "horseplay" and the prosecution uses the term "rape" for what happened in the shower.

2. Never call anyone a liar. Sandusky basically took that position that any eyewitness, including Assistant Coach Mike McQueary, is lying about their allegations of sexual misconduct. The prosecution loves this, as they intend on calling a parade of witnesses who will say Sandusky is guilty. But what is more important (and a question McQueary failed to answer) is why would they lie? What would be all of these witnesses' collective motivation to lie and falsely accuse Sandusky of monstrous crimes and in the process destroy Joe Paterno's legacy?

3. Sandusky now must take the stand. Since Sandusky has now come out and given an alternative theory of innocent "horseplay" for what happened, the jury will expect that he will take the stand to give the same story. If he doens't, Sandusky risks the inference of guilt from the jury.

Bye bye 5th Amendment rights

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I am not the first to blog this, but the shocking allegations surrounding the Penn State football program and the university must be fully investigated in a responsible and believable way.

We can not trust the same university who failed to acted (and whose officials have now been indicted for lying) to investigate itself. That's a joke. At a minimum, Penn State should outsource its entire investigation to credible person (see the MLB and the "Mitchell Report"). We also know there is enough smoke around this scandal that the Penn State locals can not be trusted to effectively prosecute the ALL the individuals, including Joe Paterno if appropriate, and the area police who may have discouraged criminal cases involving Jerry Sandusky.

Want more concerns? Exactly how did the prior prosecutor on the Penn State child abuse investigation, Ray Gricar, turn up dead? Wait, let me correct myself, the police never found his body, just his computer resting at the bottom of a Pennsylvania river. Back in 1998, Gricar chose not to prosecute Sandusky. Why? Was he going to change his mind before he died. How can an assistant district attorney just disappear?

It may seem off topic but our country's wise Founders established the federal court system for this type of situation. The federal courts and the US Attorney were designed to enter investigations where the locals had failed to act or could not be trusted to be fair. We are 2 for 2 here with Penn State.

I don't want to hear about the federal government's limited resources or anything like that in this case. We are dealing with a major child abuse case, with victims that still may be afraid to come forward. If the FBI and US Attorney's office doesn't take the lead in the investigation and prosecution of an outrageous case like this, then they have violated their collective duty to all of us.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

We all know how this works. There is a horrific scandal involving PSU and defensiveless children, the school lied, covered it up and then fired its long term coach, Joe Paterno. So the ink on the avalanche of lawsuits against Penn State should be pretty close to dry right now, right? Penn State is going to pay countless millions, right?

Well, maybe not. None of the pundits are talking about it (because they haven't played it forward) but the State of Pennsylvania has a monetary cap of $250,000 of claims against the state and its agencies. As part of the its torts claim act ("TCA"), If a public entity is deemed to be a "agency of the commonwealth" then this limit of liability will apply.

My review of the TCA shows unsettled law of whether of Penn State will be able to gain this protection. But you can rest assured that Penn State's lawyers are going to seek all of the protections that may be available under the TCA.

Also keep in mind that there could be significant statute of limitations problems for some of the victims from more than a decade ago. Either way, the point is to keep in mind that if the TCA applies, then the potential verdicts against Penn State will be greatly reduced.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Once again a major scandal has broken out in sports and once again I find myself giving the same unsolicited advice: slow down. I know that many major media outlets and some in NYC talk radio hosts have already pronounced the Penn State administration and former defensive coordinator Jerry Sandusky guilty of horrific crimes but for now remember they are all maintaining their innocence.

Even if a set of allegations look really bad (and they do), we still must cling to notion of innocent until proven guilty. Also be mindful that crimes involving child victims can be very complicated and difficult to prove.

As for Joe Paterno, I have heard media commentators accuse him of committing "crimes" in this scandal. Given the information currently known, what exactly would these crimes be? And you can't make up crimes here, you actually have to look at Pennsylvania law. Today, Pennsylvania prosecutors said that Paterno is not a target of their investigation. That representation should mean something to the media.

Now, Joe Paterno may not have committed any crimes and may have done his "duty" by reporting his knowledge of alleged Sandusky's abuse up the broken chain at PSU but that doesn't mean that Paterno is not guilty of moral failure. When someone commits a crime, he has failed to comply with the laws of society. But when someone commits a moral failure (which may not be criminal), he has failed to comply with the laws of common sense.

Again, given the public information, it appears that Paterno should have done more, maybe a lot more. Given what he knew, he should have gone the the police when PSU failed to take action. Paterno should have kept Sandusky far away from PSU facilities and NEVER allowed him to have children on campus. Paterno should have acted with outrage and urgency. But he didn't.

These failures are not against the law but may be against what is right.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Whitney was a key player on the 2003-2004 team that beat Arizona in the first round of the NCAA tournament.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Jerry Sandusky, a former defensive coordinator at Penn State University, has been charged with sexually assaulting eight boys over a period of fifteen years. Sandusky founded a charity for children with absent or dysfunctional families called the "Second Mile Charity," and that is how he came into contact with the children he allegedly assaulted. Athletic Director Tim Curley and school Vice President Gary Schultz are also being charged with perjury and failure to report under Pennsylvania law, for not reporting the fact that a witness told them he saw Sandusky sexually abusing a naked boy in the locker room showers in 2002.  

The investigation into Sandusky's conduct reportedly commenced in 2008, after a parent of a victim alerted a high school football coach. At this point, there has to be an enormous amount of evidence against Sandusky. A copy of the grand jury presentment, which contains disturbing details of what Sandusky allegedly did, can be seen here.  Many of the incidents occurred in showers at Penn State, including one where a child between the ages of 11 and 13 was seen by a janitor pinned against a wall while Sandusky performed oral sex on him. Others occurred at Sandusky's home, and one incident actually took place at a high school where Sandusky had access to students. Despite the fact that an assistant principal found Sandusky and a victim lying on the floor facing each other, there is no indication that the incident was reported and investigated.

It is quite surprising that Sandusky is only being arrested now. Aside from being devastating to Penn State - a successful program that generally stays out of trouble - there are obvious liability issues, given that some of the incidents that occurred at Penn State were witnessed by others. Since Sandusky had access to Penn State's facilities even after retirement, he should have been watched more closely after some of these allegations were known. A State Senator has already called for the University to investigate a possible "cover up." 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Ahhh college football Saturday's are the best, you can sit in front of the tv and watch about 50 plus games being played over the course of 12 hours and multiple story lines will undoubtedly develop as the day goes on. Today, on the day that has been hyped as "the game of the century" and "the biggest game ever" when Alabama and LSU play each other down in Alabama where college football is like religion, about 1,500 miles north a sad scandal is breaking in Happy Valley of all places. A former PSU defensive coordinator who was integral in the success of the Nittany Lions dominating and punishing defense and national championship teams in the early 1980s, has been accused of sexually assaulting 8 boys between 1994 and 2009. Jerry Sandusky was arrested and released after being arraigned on 40 criminal counts. The allegations ranged from sexual touching to sex with boys in their early teens.

In addition to Sandusky, PSU athletic director Tim Curley and another administrator were charged with perjury and failing to report the information they knew of the assault/contact. Apparently it has been alleged that a graduate student saw an assault on a 10 year old boy in the locker room and reported the incident to Coach Paterno, who has not been implicated, who then told Curley. Curley and the other administrator met with the graduate assistant, however, never reported the matter in violation of state law.

PSU will be in damage control mode this week and it will be interesting to see if these allegations are proven true, how deep does the knowledge go within the program, and does the NCAA, who has been very heavy handed in levying penalties on players and schools impose any sanctions or penalties. Penn State is 8-1 this year, sitting at No. 16 in the AP poll, and currently undefeated in Big Ten play. After being off this week, Penn State is home for Nebraska next weekend.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Earlier this week WVU sued the Big East Conference in order to allow it to leave the Big East and join the Big 12 effective June 30,2012. This is just the latest development in the ongoing saga of whether the Big East will continue to exist and be eligible for an automatic berth into the BCS Championship Series. WVU is seeking to be allowed to join the Big 12 earlier than the 27 month waiting period that is contained in the bylaws, which WVU signed. WVU is alleging that the Big East has breached the bylaws with its members as it is not a viable conference and has not done its part to ensure that the Conference receives an automatic berth in the BCS. Therefore, WVU is seeking to leave the Big East and be eligible to play Big 12 football starting in fall 2012. WVU is also arguing that TCU, a member of the Big East in theory for what seemed like a minute, was allowed to leave for the Big12 without having to wait 27 months. However, TCU had never officially joined the Big East when it decided to leave. Therefore, TCU was not subject to the mandatory 27 month timeline. Also, Syracuse and Pitt who are headed to the ACC have not challenged the mandatory waiting period, however, I have no doubt that they will challenge it should WVU prevail. Late last week, the Big East also filed suit against WVU to bar it from leaving the Conference and to enforce the bylaws. Good thing there are some hot issues off the field to keep everyone distracted from the product that's on the football field. This conference realignment promises to become more litigious before all the pieces shake out.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

'Canes starting quarterback Jacory Harris and 11 other members of the football team have all been suspended and some have been ordered to pay restitution before being eligibile to play. The most serious penalties handed down by the NCAA were those individuals that took gifts from Mr. Shapiro while they were being recruited. These players include defensive lineman Olivier Vernon, who will sit out six games and pay $1,200,and Ray Ray Armstrong and tight end Dyron Dye who will miss four games apiece and pay $788 and $738, respectively. In addition to Harris, Sean Spence, Travis Benjamin, Marcus Forston and Adewale Ojomo, all projected as likely starters, must sit out one game and make restitution for accepting benefits after enrolling at the school.  Additionally, four other players must repay small amounts, all under $100, but will not miss any games. The only player cleared of any wrongdoing was Marcus Robinson. The NCAA is still continuing its investigation into the Miami scandal that has brought the dirty dealings of college athletics into the foreground. While the NCAA should be recognized for the swift decisions it has made regarding the student athletes, it has still put itself in a predicament regarding any future actions that must be taken in similar instances. The NCAA prides itself on its recognizing student athletes, however, in situations like this it should take a united front and disqualify student athletes for taking improper benefits or allow student athletes to get paid a specific sum during every season in which the student athlete is qualified to participate in the sport for which a scholarship was provided. A decision like this blurs the line between the goals of the NCAA and since these student athletes took improper benefits and were not suspended, this may be the beginning of the end of the term student athlete as we may see these athletes being paid in due time.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Two LSU football players were suspended after being arrested for their alleged involvement in a brutal bar fight. Quarterback Jordan Jefferson and Linebacker Josh Johns were released on bail after being charged with second degree felony battery.

Last Friday, Jefferson and Jones were part of a brawl that injured 4, including a victim who was allegedly kicked in the face by both Jefferson and Jones.  According to the police report, the fight started when one of the victims asked (or possibly yelled at) a group of 10-15 LSU players to move a vehicle which was blocking the victim's vehicle. The players then pulled the victim out of his pickup and began beating him. Another victim attempted to help and was beaten as well.

Yet another black eye for college sports. LSU's arm had to be twisted to suspend Jefferson with the game against rival Oregon looming. Instead of displaying better judgment (of course, the allegations still must be proven) and preparing for LSU's opener, Jefferson and Jones now await indictment by a grand jury.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As of late Thursday night, Miami concluded its internal investigation into the allegations of improper benefits received by current members of the Hurricanes through their association with Nevin Shapiro. After concluding its investigation, Miami began the process of ruling some members of its football team ineligible and will begin the reinstatement process. While Coach Golden would not disclose the names or the amount of the players which have been ruled ineligible, according to ESPN, up to 13 players have been ruled ineligible. Most notably, senior, starting quartberack Jacory Harris among numerous other current Hurricanes named in the Yahoo! Sports story is believed to have been ruled ineligible by the school. Now that Miami has concluded its own investigation and declared certain players ineligible, it is up to the NCAA to reinstate these players, and for Miami's sake, hopefully before its opener on September 5th. According to Coach Golden, being declared ineligible does not necessarily mean that any of the Hurricanes will miss anytime, this season. For now, all of the ineligible players are allowed to practice and participate in team activities, excluding games, until the NCAA rules on the athletes eligibility.

According to the NCAA's website, once a school discovers a student-athlete has been involved in a violation, it must declare the student-athlete ineligible, investigate the violation, and forward its report with a request for the student-athlete’s eligibility to be reinstated to the NCAA. Upon receipt of a request for reinstatement, the NCAA student-athlete reinstatement staff, acting upon authority granted by the NCAA Comittee on Student-Athlete Reinstatement, makes the initial decision regarding reinstatement of a student-athlete’s eligibility. In order to determine the potential reinstatement, the Reinstatement Staff reviews various factors which include: 1) the nature and seriousness of the violation; 2) any impermissible benefits received by the student-athlete; 3) the student-athlete’s level of responsibility; 4) any mitigating factors presented by the school; 5) applicable NCAA guidelines; and 6) any relevant case precedent. The Reinstatement Staff's decision can come in the form of three possible results, 1) unconditional reinstatement; 2) reinstatement with conditions; and 3) remain ineligibile and not be reinstated. According to the NCAA, the third result is extremely rare. While the NCAA notes that most cases are normally resolved in one week from the date the school submits its documentation, there is no timeline for extreme circumstances. In this case, the NCAA will have a difficult task of sifting through all the documentation submitted to determine whether these Hurricanes violated the amateruism rules for taking improper benefits and the nature and extent of the benefits taken. While all cases should be handled based on the circumstances of the individual case, the NCAA may take this opportunity to send a strong message and try to curtail the rampant and excessive issues that have plagued amateur athletics for nearly three academic years. Kickoff is just 11 days away and a lot can happen to these players in that time. Here is hoping that Coach Golden has multiple depth charts which he can put into place in the event that numerous starts are ruled ineligible for the opener.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In light of the recent USC, Ohio State, Miami, Reggie Bush, Terrelle Pryor, Auburn's Cam Newton (to just get started) controversies and scandals, the NCAA President Mark Emmert is now seeking "serious and fundamental change." Well, good for him, now that there is smoke, fire and a raging media inferno in college sports.

You can imagine the pride of the parents who trusted schools like the University of Miami with their young sons who were, in turn, handed over to criminals like Nevin Shapiro. All Mr. Shapiro, a convicted Ponzi scheme felon, did was hook up the underage student-athletes with cash, booze and illegal prostitution. This doesn't exactly sound like college math or English.

So here come the usual calls for reform and "fundamental change" right on cue. So what can be done to save the NCAA from looking like an absentee landlord while money-pushing boosters and improper agents are crawling through its college sports?

The first thing the NCAA needs to do is stop this fraud of a "scholar-athlete" at the highest level of its sports. Maybe I am being too broad here but these major college sports schools are nothing more than a feeding system for the professional leagues. We can no longer pretend that money should not be involved. Too many college students are sent to school in near poverty to play for major universities that sell jerseys bearing the students' names. The students get nothing from college merchandise and TV deals and there is the problem.

The NCAA needs formulate a financial stipend to paid to all players at the Division 1 level. There I said it, college athletes need to be paid to follow the rules. The stipend should be a flat sum for everyone in the sport (i.e. each Division 1 football player gets $25,000 a year).

Now there has been a lot of talk about Miami getting the "death penalty" of no TV, no scholarships and no bowls for its sins. This type of NCAA capital punishment will not work without a corresponding "death penalty" for players (so to speak of course). The type of fundamental change is really not that complicated. If Shapiro gave illegal gifts to players, then the players knowingly took cash, cars, booze, prostitutes and maybe even worse. If a college player commits a major rule violation of this type, then that should be the end of his or her college sports career.

It is obvious (painfully so), that the penalty must be so awful for the players that they would never violate the rules. Those players who knowingly take extra cash, jewelry and commit crimes, have no business in the NCAA and college sports is better to be rid of them.

If you want fundamental change then be willing to take a serious stand. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Ever since “the Death Penalty” was introduced in the lexicon of college sports fan at the time of the SMU football debacle in 1986, the term has been thrown around whenever a NCAA member institution appears to be charting a course of rampant misbehavior bordering on lack of institutional control, however, no major college has been given the Death Penalty since SMU, however, that may change starting now. By now most people have already heard about the Yahoo! Sports Investigative Report wherein former University of Miami booster and convicted felon Nevin Shaprio informed Yahoo! Sports over the course of 100 hours of jailhouse interviews that he provided improper benefits to 72 players, although Yahoo! confirmed it was 73 players, seven coaches and three support staff members, who he said either received illicit benefits, witnessed the booster giving them, or played some role in his improper activity.

Beginning in 2002 and concluding in 2010, Shapiro said he had an eight-year run of rampant NCAA rule-breaking, some of it with the knowledge or direct participation of at least seven coaches from the Miami football and basketball programs. Shapiro said that the benefits to athletes included cash, prostitutes, entertainment in his multimillion-dollar homes and yacht, paid trips to high-end restaurants and nightclubs, jewelry, bounties for on-field play (including bounties for injuring opposing players), travel and, on one occasion, an abortion. According to the Yahoo! Sports report, Shapiro’s actions would potentially breach multiple parts of at least four major NCAA bylaws, and possibly many more. Shapiro actions may have violated multiple parts of bylaw 11, involving impermissible compensation to coaches; multiple parts of bylaw 12, involving amateurism of athletes; multiple parts of bylaw 13, involving improper recruiting activity; and multiple parts of bylaw 16, involving extra benefits to athletes. Based on Shapiro’s allegations, the NCAA is undertaking its own investigation and may levy the dreaded Death Penalty on The U.

The Death Penalty rule stipulates that if a second major violation occurs at any institution within five years of being on probation in the same sport or another sport, that institution can be barred from competing in the sport involved in the second violation for either one or two seasons. In cases of particularly egregious misconduct, a school can also be stripped of its right to vote at NCAA conventions for four years. The NCAA Infractions Committee will need to independently corroborated the alleged violations through sources other than a convicted felon before even considering the Death Penalty. The Death Penalty would be a horrendous blow to a storied program such as The U, however, the NCAA may need to set an example for its member institutions as it seems that many of the major football programs have been implicated in the past 18 months. Including Miami, one-quarter of the ACC has been embattled by football violations, and one-half of the ACC’s Coastal Division (Miami, UNC, and Georgia Tech) has been implicated in scandals. Additionally, Southern California, Ohio State, Auburn, Oregon, Michigan, and LSU, many of the who’s who of college football, have all been investigated or sanctioned within the past 18 months. The only way this systematic problem may be resolved is through the Death Penalty for a program that is no stranger to sanctions. Just when a new football coach (Al Golden), basketball coach (Jim Laranaga), and AD (Shawn Eichorst) were brought into the fold, The U might fall on some hard times. For now Miami has to prepare for its opening game on national TV, September 5th at the University of Maryland, by then Miami might now have much of a team. Stay tuned because this game is far from over.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

University of Wisconsin-Milwaukee PG Kaylon Williams was arrested and charged with DUI early Wednesday morning. Williams' blood alcohol content was allegedly a staggering .228, about three times the legal limit in Iowa.

A police officer noticed that Williams' vehicle did not have a front license plate, and that is all a police officer needs to pull you over, especially at 1:40 a.m. when drunk drivers are sitting ducks. Williams initially pulled over, but then deciding to make matters worse, he drove away and got out of his car (without putting it in park), attempting to run away from the police. He was caught shortly thereafter by a K-9.

Williams now faces serious charges in addition to the DUI, as well as a likely suspension from the University.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It seems like everyday some major college is embroiled in scandal for one reason or another, and UGA is trying real hard to claim the top prize in athletic scandals. First it was Jim Harrick in 2003, when Georgia found that there was academic fraud committed involving Jim Harrick Jr., who granted credit hours to three players who did not attend the class in basketball strategy he was teaching, and now former football coach Jim Donnan is allegedly involved in a failed Ponzi scheme which has enevloped coaches from Virigina to Texas. It has been alleged that Donnan who formed GLC Enterprises in March 2004, solicited investments from more than 50 individuals and entities and made commissions ranging from 15 percent to 20 percent for any new investments solicited. According to court documents, investors contributed nearly $82 million into GLC Enterprises, but less than $12 million was spent on inventory and at least $13 million in investor money remains unaccounted for. As revenues declined, it is alleged that GLC eventually used money from new investors to pay old investors, which, according to the court documents, constituted a Ponzi scheme. At this time, Donnan's role in GLC is disputed as court documents indicate the Donnan informed potential investors that he was an officer in the company and indicated he was the vice president and secretary on different occassions. This is an assertion which Donnan's attorney denies. The Donnan's have invested over $5.4 million in the company and have offered to pay GLC's creditors $5 million of the $8.25 million demanded, and when that amount was not accepted, the Donnan's filed for Chapter 11 bankruptcy protection. While, this alleged Ponzi scheme will never be compared to the Madoff scandal, it serves as another black eye on the college athletics landscape, especially as high profile current head coaches are involved. At this point, there has been no independent investigation undertaken by UGA and there probably will not be one as there are no allegations that any criminal activity occurred when Donnan was coach from 1996 to 2000.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Adding to the laundry list of recent misbehaving college athletes, Illinois lineman Chris Jones was arrested on Sunday after allegedly assaulting two men because of their sexual orientations. Jones, 6 foot 5 and 310 lbs., shouted homophobic slurs at the two much smaller men from a car, and then punched them outside of a bar. Although the injuries were minor, Jones will be charged with aggravated battery.  

In June of 2010, Jones pled guilty to felony possession of cocaine. He is now suspended pending the University's review of the alleged incident.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 

College football in the South is as revered and worshipped as Sunday morning church services, and with such reverence, traditions are born which never die, except in the case of Auburn University. A University of Alabama fan, Harvey Updyke Jr., 62, faces two felony counts of first-degree criminal mischief, two felony counts of unlawful damage, felony vandalism or theft of property from a farm animal or crop facility and two misdemeanor counts of desecrating a venerated object, for his role in poisoning the century-old oak trees at Auburn's Toomer's Corner, at the intersection of College Street and Magnolia Avenue in Auburn, Alabama. Toomer’s Corner is named for businessman and State Senator Sheldon Toomer who founded the Bank of Auburn on the corner of Magnolia Avenue and College Street in 1907. At Toomer’s Corner, Auburn fans have traditionally celebrated wins by heaving toilet paper into the branches of these trees. 

 

How was Mr. Updyke, Jr., caught you may ask. Well, like most criminals, Mr. Updyke admitted to his crime, however, unlike most criminals he decided to do it on the public airwaves. On January 27, 2011, Mr. Updyke called into a local sports talk radio station, claiming to be “Al from Dadeville” and admitted to poisoning the trees at Toomer’s Corner. After hearing this admission, local police traced the call to Updyke’s home in Dadeville, Alabama, and he was subsequently arrested. Updyke is scheduled for arraignment on May 26 before Lee County Circuit Court Judge Jacob A. Walker III, and he has a tentative trial date of June 20. To add insult to injury, Updyke claims he was attacked by unknown assailants at a gas station shortly after leaving the courthouse following his appearance for a preliminary hearing a few weeks ago.

 

At my alma mater, our tradition has always been to rub Testudo’s nose for good luck and then to set the school on fire when we beat Duke, but I have to wonder if someone had broken Testudo’s nose whether it would have been this big of a deal and would have resulted in felony charges being levied. What would have happened in college towns in the Northeast or on the West Coast if some stunt like this was pulled? You have to wonder if this would have been as big of a deal in places outside of the South… 

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Duke football player Tyree Glover was arrested on Tuesday after police found almost 30 grams of cocaine in his possession. Police then obtained a search warrant for his dorm room, where they found 72 grams of marijuana. Glover now faces serious charges of possession of controlled dangerous substances with intent to distribute, the cocaine being the more serious charge.

Glover was dismissed from the team after the arrest. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Just like with the Yankees in baseball and Notre Dame in football, the mere mention of the word “Duke” elicits either a love or hate reaction from most sports fans. However, back in 2006, when the news of the Duke lacrosse alleged rape first broke, it garnered national media attention, and at that point if you were neutral in your feelings towards Duke, you definitely formed an opinion. In my case, graduating from the University of Maryland, there was a preconceived hatred of Duke as soon as you stepped on campus. The Duke lacrosse case has been revisited in recent days, not for any legal action being taken against the lacrosse players but rather Crystal Mangum, the accuser in the alleged rape case, was indicted on murder charges. While prosecutors declined to press charges for the false accusations made by Ms. Mangum against the lacrosse players, she has still had her fair share of legal troubles since the night of the alleged rape. In fact, last year, Ms. Mangum was convicted on misdemeanor charges after setting a fire that nearly burnt down her home with her three children inside. Recently, Ms. Mangum was indicted on a charge of first-degree murder and two counts of larceny. She has been in jail since April 3, when police charged her with assault in the stabbing death of 46-year-old Reginald Daye, her boyfriend. Mr. Daye died after nearly two weeks at a hospital. In North Carolina, the penalty for first-degree murder is either death or life in prison without the possibility of parole, and larceny is broken up into different categories depending on the amount of property taken. Generally, larceny of goods valued at more than $1,000 is a Class H felony punishable by up to 4-8 months in prison for a first time offender. If the amount of goods in question is valued at less than $1,000, you are facing Class I misdemeanor charges which are punishable by up to 1 year in jail. Lastly, if the goods stolen are taken directly from someone, or are a firearm or explosive, the charge is a felony regardless of the value. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

By Mitchell Ayes

The Fab Five phenom, thirteen year NBA veteran, and current ESPN basketball analyst remains in the news this week. Weeks following his infamous “Uncle Tom” comment when discussing Duke basketball players in the ESPN documentary on the Fab Five, Rose is again in the news, this time for receiving a citation for drunken driving when he was involved in a single vehicle automobile accident. According to a police report, Rose’s car went off an icy road in the Detroit area on March 11, 2011 at 2:00 a.m., and he voluntarily submitted to a blood alcohol test because he was confident it was safe for him to drive. Police said that Rose refused to take a breathalyzer test and was taken to a hospital for a blood alcohol test, however, the results were not disclosed. Like all professional athletes these days who have run ins with the law, Rose accepted full responsibly, apologized for disappointing people who trust him to serve as a role model for young people, and looked forward to a resolution of his legal matter. It’s doubtful that any more legal actions will be commenced against Rose or he will receive any jail time, however, we will find out more at his April 20, 2011 court appearance. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

At approximately 3:18 a.m., Floyd ran a stop sign near the University. After he was pulled over, he failed field sobriety tests, which then allowed the police to conduct a breathalyzer test. Floyd blew a .19, well above Indiana's legal limit of .08. 

Also, Washington dismissed Wide Receiver Jordan Polk. It is not exactly clear why, but Polk was just charged with a domestic violence crime as a result of property damage caused to his ex-girlfriend's home. Polk was reportedly jealous that she was spending her 21st birthday with her new boyfriend. Polk is charged with a misdemeanor, and Coach Steve Sarkisian denied that Polk's dismissal was entirely related to the incident, stating that the decision was made a few weeks ago, and that Polk "needs a fresh start."

And finally, a Texas high school linebacker being recruited by Texas Tech, Alabama, USC, Oklahoma and Ohio State, was arrested for alleged sexual assault of a minor. Derek David was accused of forcing a 16 year old girl into his aunt's house and allegedly had sex with her against her will.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Last week, the New York Times released an article on Sonny Vaccaro's role as an adviser to the plaintiff's in the Ed O'Bannon case. Vaccaro's knowledge and experience could play a major factor into this case.  The man that signed Michael Jordan to his first shoe contract and worked for all three major companies (Nike, Adidas, and Reebok) has jumped ship and is looking to take down the NCAA. 

All of this comes during the NCAA's most popular time.  March Madness is in full effect and the NCAA is reeling from the continuous buzz about the profits the schools are making off of the players. With more and more former student athletes telling their stories about why they took money while they were in school and questioning why they are not compensated for the profits the schools are making from their performances;  the buzz has grown loud enough to force action by the NCAA. 

As the plaintiff's in the Ed O'Bannon case ramp up for their unprecedented case against the NCAA, the NCAA has gone ahead and released a commercial that has been airing during the NCAA National Championship Tournament.  The ad is based on the slogan "We Put Our Money Where Our Mission Is".  It is clearly a public attempt to explain exactly where the money goes that is being generated by these sports teams.  Is it enough to calm the buzz surrounding the recent questions being asked about the profits?  Or is it a sign that the NCAA is getting nervous about the growing criticism and questioning it is being faced with?  Only time will tell.  One thing is for sure, this case has gained enough momentum to severely impact the future for all student athletes.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

OSHA fined Notre Dame $77,500 for this safety violation.

There are 3 important things to take from this OSHA finding. First, the size of the OSHA fine is consistent with the most serious or "willful" type of OSHA violation (that's bad). Second, the majority of states will allow proof of an OSHA violation as least some proof of negligence (or Sullivan's family could hire their own expert to say the same thing). Last, Notre Dame is virtually defenseless in the case and must make its peace with Declan's family to serve justice and to seek a measure of forgiveness.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 

Michigan State football players Brian Linthicum and Max Bullough were arrested on spring break last Thursday in Aspen Colorado following a bar fight.  Linthicum was charged with misdemeanor assault and eluding a police officer. Bullough was also charged with eluding, as well as underage possession of alcohol. It was reported that the police had to use a stun gun to subdue Linthicum. 

 

On a more serious note, four Auburn players - Antonio Goodwin, Kowaski Kitchens, Michael McNeil and Harrison Mosley - were arrested for armed robbery.  According to the victims, three males, one with a handgun, entered their residence and stole items. The suspect vehicle was located, leading to the arrest of the four players allegedly involved. A pistol and the stolen items were recovered from the vehicle. The four Auburn players were dismissed from the team. 

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Earlier this week, we covered a story on channelsurfing.net's founder Brian McCarthy being arrested for streaming sporting events including WWE, UFC, NFL, and NBA events.  Originally, it was thought that McCarthy would be convicted of "copyright infringement" and "theft of intellectual property", but after reviewing the complaint, it appears that the main allegations are McCarthy's "linking" to websites containing copyrighted materials.  

Demandprogress.org makes an interesting point that this would incriminate anyone who ever sent a link to a copyrighted YouTube video.  An interesting point, that could change the way people go about their daily email habits.  Is the government going to go ahead a prosecute each and every person who puts up a link to a copyrighted YouTube video?  Let's hope not.

Law is something that is supposed to change with time and adapt to changes in society.  Obviously, the Internet and new technologies are uncharted territories for certain laws, and the government needs to be sensitive to how it handles each of these instances.  It is clear that profiting from the distribution and streaming of sporting events over the Internet should be strictly monitored and controlled, but could the broad allegations and repercussions of a lawsuit stemming from this matter affect more than just those trying to profit off of these sites? 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Klay Thompson, Washington State's leading scorer, was arrested Thursday night for allegedly being in possession of marijuana. Thompson, apparently celebrating a win over USC earlier that evening, was pulled over around 11pm for having a headlight out. The police officer reportedly smelled burned marijuana and obtained a search warrant, finding almost 2 grams of marijuana inside Thompson's vehicle. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Another tragic death befell college athletics when Middle Tennessee State University’s Tina Stewart, a 21 year-old junior guard from Memphis, Tennessee, was stabbed to death on Wednesday night by her roommate Shanterrica Madden. Stewart was a key veteran on the Blue Raiders despite coming off the bench after starting in a career-high 14 games this season. Stewart’s untimely death came just as the Blue Raiders (23-6; 14-2) were preparing to defend their Sun Belt Conference Tournament title as the Eastern Conference’s top seed. The Blue Raiders play on Sunday and are trying to guarantee themselves a 14th trip to the NCAA tournament by winning the Conference title. On Thursday, after grieving the death of their fallen teammate, the Blue Raiders decided that they would play in the Conference Tournament and would seek to defend their title because according to senior guard Anne Marie Lanning, “We know Tina would want us to go out and play.” As for the criminal aspect of this matter, Shanterrica Madden, has been charged with first-degree murder and is being held without bond. Madden’s attorney, Joe Brandon, told The Associated Press that his client used Stewart’s own knife in self-defense during a fight, however, he did not say what the altercation was about. Mr. Brandon said, “Miss Stewart, who was an athlete, had Miss Madden down on the ground beating on her. Miss Madden has an abrasion above her left eye, looks like perhaps a fingernail. She has swelling to both of her eyes. And during the course of the fight, a knife belonging to Miss Stewart that was in Miss Stewart’s possession ended up getting used on Miss Stewart.” Murfreesboro police spokesman Kyle Evans wrote in an email to the AP that possible drug use inside the apartment is part of the overall investigation and police believe first-degree murder is the appropriate charge. Mr. Brandon said he will file a motion asking that bond be set for Madden. She is scheduled back in Rutherford County General Sessions Court on March 11. In Tennessee, the punishment for first degree murder could include a life in prison, life in prison without the possibility of parole, or the death penalty. 

Guest Blogger:  Mitchell Ayes

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In 2006, former TCU athletes Lorenzo Jones, Virgil Taylor and Shannon Behling allegedly slipped a drug into a female student's drink, causing her to pass out. She was allegedly raped by all three men, and woke up the following morning with her clothes inside out and her bra missing. She also suffered an outbreak of herpes that required her to be hospitalized. Jones and Taylor were expelled from the University, but prosecutors dropped the charges, apparently because the case would have been difficult to prove.

The student - whose name remains anonymous - filed a civil suit against TCU, alleging that the University knew of the athletes' criminal histories and bad behavior, but did nothing to protect other students from these athletes. That claim was apparently dismissed on a motion for summary judgment in January, but the trial judge has permitted the case to proceed to trial on the grounds that the University may have committed fraud by informing the female student that the University "didn't recruit miscreant athletes" and otherwise describing the campus as safe.

It should be no surprise to anyone that many colleges and universities look the other way at times, in order to recruit athletes that will make their programs competitive. However, this is certainly a unique claim. It does not appear that the TCU campus is unsafe, and this was a targeted attack that is difficult to prevent from occurring. Although Jones pled guilty of misdemeanor assault during high school, there do not appear to be any crimes or misconduct that stand out. Fraud is difficult to prove in this context, and in Texas, requires the plaintiff to establish that the University knowingly or recklessly made a false representation that the plaintiff relied upon. There is also evidence that some of the athletes were disruptive in class, and Jones actually cursed at one of his teachers who then attempted to have him removed from the class. However, this does not necessarily translate into propensity to rape.

This will be an interesting trial to follow, assuming it occurs. The parties may be too far apart to reach a settlement; the victim here has substantial damages, but the University's liability for the incident is questionable, and it seems willing to fight the allegations. Trial is scheduled to begin on May 2.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Harvey Updyke, the alleged Auburn tree killer needs a lawyer. We have learned that the 3rd lawyer, assigned by the court, to represent him has now quit. The lawyer cited "irreconcilable conflicts."

That's code for "I hate my client."

Sometimes lawyers are called upon to represent unpopular people in unpopular causes, that's what brings honor to our profession. But sometimes, you just don't want to rep some guy from Alabama who tried to kill Auburn's special trees.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Karen Sypher, a former model, was sentenced to seven years in prison after being convicted of extorting Louisville coach Rick Pitino. Sypher was also convicted of lying to an FBI agent.

Pitino admitted cheating on his wife with Sypher in a restaurant. Although the sex somehow lasted only fifteen seconds, Sypher contacted Pitino a few weeks later and claimed to be pregnant. Sypher threatened to go public with the affair if Pitino did not give her money, a house and other luxury items. When she was charged with extortion, Sypher falsely claimed that Pitino raped her.

Pitino doesn’t smell like a rose here, but Sypher’s actions were outrageous. She will have a lot of time to think about it, as she cannot be paroled, and must also serve two years of supervised release after her prison sentence.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 Sports in the Courts Blog was featured on Cocky Law Blawg..... check it out

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Do you remember Ed O'Bannon? 

The former UCLA Bruin legend is spearheading what may be one of the most significant lawsuits the NCAA has been faced with.  The class-action lawsuit may only be in the preliminary stages, but the overall effect it could have on the NCAA and its student athletes, both past and present, would set a game changing precedence for years to come. 

It came to O'Bannon's attention when one of his friends pointed him out on a video game that contained a player with his number, his appearance, and his statistics on the 1995 UCLA Bruins championship team.  Although the player resembled O'Bannon, his name is not mentioned in the game and he along with any other players do not receive any compensation for the use of their likeness.  Retired from the NBA and now making a living as a car salesman, O'Bannon is on a mission to collect where he believes compensation is due from the NCAA.  With Rivalry Week wrapping up and March Madness on the way, it is only a matter of time before the advertisements, "Instant Classic" airings, top ten buzzer beater lists, and memorabilia to roll out to create a buzz.  But who has the rights and is entitled to the revenue generated by those things?  "Ed-O" thinks he deserves a cut.

Whether it is Christian Laettner's buzzer beater or Doug Flutie's "Hail Mary";  these images not only are ingrained in sports fans minds forever, but may provide a cash cow for the participants in those events.  But how could this follow the simple rules the NCAA is trying to enforce?  Student athletes do not "play for pay".  

With all the buzz in the past year over Reggie Bush, Cam Newton, and Terrelle Pryor, how could the NCAA stand for or accept a payout to the participants in these circumstances?  NCAA rules specifically frown upon student athletes receiving improper benefits or gifts for their performance within competition.  If there was a ruling in favor of O'Bannon in this case, NCAA athletes would be given compensation of some sort for their likeness and performances on the playing field.  

In addition to the overhaul of their stance on "pay for play" that would have to take place if there was a ruling in favor of the plaintiffs, the NCAA would also have to keep a close eye on premeditated setup for memorable moments, and the throwing of games.  If NCAA players have an incentive to keep scores close to reap the benefits of their participation in an instant classic, the integrity of the games and the genuine occurrences of  historic and classic performances.  

Only about 1% of NCAA athletes make it to the professional level, and even less become great and generate a big payout at that level.  It is only a matter of time before other athletes involved in some of the NCAA's memorable games and events come out and demand their piece of the pie.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Westchester County Grand Jury found that there was not enough evidence to indict Aaron Hess, the Pleasantville, NY police officer who shot and killed Pace football player D.J. Henry. Henry was shot on October 17, 2010 in the early morning hours outside a bar in Thornwood, New York. Police had been called to a large disturbance following a Pace homecoming game, and Henry, who had been drinking, allegedly sped away in the parking lot. While doing so, he struck Officer Hess with his vehicle, who then fired at Henry through the windshield. Henry’s family claims that he was merely moving away at “parking lot speed” in accordance with the officer’s instructions.

The fact that the District Attorney could not convince 12 of 23 grand jurors that there was sufficient evidence to accuse Hess of committing a crime is significant since, if Hess were indicted, at a trial the District Attorney would have to convince 12 of 12 jurors that Hess was guilty beyond a reasonable doubt. It is also important to note that Officer Hess testified before the grand jury, which he did not have to do (and something that many criminal defense attorneys would likely advise against, as there is no Judge present, and a defendant’s attorney is not permitted to interrupt the proceedings).

Henry’s family and their attorney have accused Officer Hess of committing intentional murder, and in response to the Grand Jurors’ decision, claimed that the District Attorney withheld or mishandled evidence. This is a serious allegation to make, particularly since the District Attorney is obligated by law to present exculpatory evidence to the Grand Jury (in fact, the Grand Jury heard testimony from several Pace students who were present, as well as two passengers who were in Henry’s vehicle). Naturally, neither the family nor its attorney has disclosed what evidence could have changed the Grand Jurors’ minds or what should have been presented.

The end result is that Officer Hess can rest assured he will not be criminally prosecuted, although he will now face a time consuming wrongful death lawsuit.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The family of Bennie Abram, an Ole Miss football player who died after an offseason workout, has served the University with a Notice of Claim, a statutory prerequisite to filing a lawsuit against a public entity in Missouri such as Ole Miss.  Abram collapsed during a February, 2010 workout and died six hours later. An autopsy determined that his death was caused by complications involving sickle cell trait (“SCT”).

SCT primarily affects African-Americans, and during periods of high exertion, athletes with the trait must exercise caution. The letter from the Lanier law firm of Houston, Texas, claims that Ole Miss failed to follow NCAA guidelines for monitoring athletes with SCT. The Lanier law firm settled a similar case against the NCAA on behalf of the family of a Rice player with SCT in 2009, which led to the NCAA mandating testing for SCT.

The letter from the Lanier firm goes far beyond what information Mississippi law requires a Notice of Claim to contain. It is obviously designed to paint Ole Miss and its coaching staff in a negative light through the media. However, if some of the allegations are true, Ole Miss could be legally liable for Abram’s death. Abram’s family must show that Ole Miss departed from the standard of care that it was required to follow for athletes with SCT.

On the other hand, just because Abram died during a football workout does not make Ole Miss or anyone else responsible. Assuming Abram was advised of his diagnosis (and there is no indication he wasn’t), he chose to play football, an inherently intense sport. If the coaching staff followed NCAA guidelines and the applicable standard of care, it satisfied its duty to Abram. The issue of whether the parents were notified of the diagnosis (they are not entitled to that information without Abram’s permission), how the University treated Abram’s parents or responded to the death, and where the coach was while Abram was in the hospital, have nothing to do with the cause or contributing factor(s) to his death.

It should be noted that Missouri caps the damages that the University can be responsible for at $500,000. This would not apply to any other defendants who are not University employees, as the limitation applies only to public entities/employees.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Stafon Johnson has filed a lawsuit against the University of Southern California, arising out of a weightlifting accident that occurred on September 28, 2009 (Complaint, courtesy of TMZ). At the time, Johnson was USC's leading rusher.

Johnson claims that Jamie Yanchar, the strength and conditioning coach, was "spotting" Johnson while he was bench pressing 275 lbs. The Complaint states that "the bar was dropped, hit, and/or fell onto Johnson's neck" due to Yanchar's negligent or reckless conduct, causing Johnson's severe injuries. Specifically, Johnson alleges that Yanchar was not paying attention as Johnson lifted the bar from the weight rack and instead was watching other football players, and Yanchar hit the bar with his own body before Johnson was able to obtain a full grip, causing the bar to slip from Johnson's hands.

Johnson sustained a fractured larynx and acute airway obstruction, crushing his voice box, and degloving the lining of the larynx, which required surgical intervention. He has recovered, and although he was not selected in the 2010 NFL draft, Johnson signed a contract with the Tennessee Titans. Unfortunately, his ankle was severely dislocated in a preseason game and he was placed on injured reserve.

If Yanchar did hit the bar causing it to slip, even accidentally, Yanchar and USC could be liable. According to Brian Reintgen, a Strength and Conditioning Coach at Lifetime Athletic in Berkeley Heights, NJ, the coach/trainer's first and most important responsibility is to ensure that the client (in this case, Johnson) is not injured. Unless Johnson was taught to grip the bar improperly, it should not have slipped out of his hand. However, the coach/trainer must have his hands close to the bar just in case a "slippage" occurs as it did here.

There will certainly be witnesses who will be deposed, and it is difficult to imagine that an investigation was not conducted after the accident, which should have included a statement by Yancha.  In a November 2010 interview, Johnson would not disclose specifics as to how the weight bar fell, and refused to discuss whether Yanchar made a mistake or whether anyone else was at fault. The University has issued a statement denying liability for the accident. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Ron Franklin, ESPN anchor who was fired earlier this month for comments directed at a female colleague, filed a wrongful termination lawsuit in a Texas court against ESPN. Before his firing, Franklin apologized for "saying things I shouldn't have." Franklin allegedly referred to sideline reporter Jeannine Edwards as "sweet baby," and when Edwards objected, Franklin then allegedly called her an "ass----."

Although employment is typically "at will," Franklin had an employment contract with ESPN. Franklin claims that his comments did not justify his termination, since they did not violate the "failure to perform" clause of the contract. Without a copy of the contract, it is impossible to evaluate the merits of Franklin's claim. However, it is difficult to believe that there isn't a clause in the contract that would apply to such comments directed at a colleague.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Virginia Prosecutor alleges that former student, George Huguely murdered ex-lacrosse star, Yeardley Love by inflicting blunt force trauma to her head. Now, we have learned that Huguely’s defense team has a different theory concerning Love’s death.

Huguely has hired his own expert pathologist who claims that Love’s death may not have been caused by an injury but by her use of alcohol and the drug Adderall (used to treat HDAD). Huguely’s defense team is investigating whether the combination of alcohol and this prescription drug caused Love’s heart to stop. Also, Huguely’s defense attorney’s now disputing that Love sustained a traumatic brain injury. To prove this defense claim, Huguely’s attorney, Francis Lawrence is seeking access to Love’s medical records. Not surprisingly the prosecutor and Love’s family are against any disclosure of the victim’s medical history.

As of now, the judge has decided that he will review Love’s medical records, in camera (or in chambers by himself), to determine what evidence is relevant and should be given to the defense.

As a former prosecutor, although painful, you have to be very careful with this defense request for information. No prosecutor wants to see the victim’s privacy invaded (even if the victim is deceased). However, the truth is that Mr. Huguely is on trial for his life and, at this point, he is presumed innocent. As a matter of law, Huguely’s presumption of innocence can only be destroyed after a jury deliberates his fate. Until that time, he has the absolute right to put on a vigorous defense to attack the prosecutor’s case.

Given this legal fact, if the court does not take every precaution to protect Huguely’s rights and ability to put on his defense, then the court will have committed error and any conviction will be subject to reversal. This not the situation the prosecution wants to face. There is no question that non-relevant medical evidence should be excluded from the trial but any close calls must be decided in Huguely’s favor. If the prosecutor is too aggressive in seeking to exclude evidence then he may actually have sabotaged his own case before it begins.

At times, the presumption of evidence can be a difficult concept especially in a case like this. But the belief of “innocent before being proven guilty” is the cornerstone of our legal system. Think of about it, if you were ever wrongly accused of a crime would you want to be “presumed innocent?”
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Derrell Johnson-Koulianos, a wide receiver at the University of Iowa, was charged with possession of marijuana and cocaine, running a drug house and unlawful possession of prescription drugs. Johnson-Koulianos, who was just named to the All-Big Ten first team, has seriously hurt his chances at being drafted into the NFL. According to police, Johnson-Koulianos permitted drugs to be used and likely sold from his home, located near campus. Johnson-Koulianos was also charged with possession of small amounts of marijuana, cocaine and prescription drugs, and even failed a drug test that he voluntarily submitted to.

Also, Jamal Atofau and Andre Barrington were cut from the Washington State football team after being formally charged with manufacture of a controlled substance. Police officers found 38 marijuana plants in their rental home in October. Finally, Greg McKee, a UConn offensive lineman, turned himself into police on a charge of felony child pornography, after allegedly uploading such materials to his computer. Police claim they uncovered evidence on a computer during a November search of McKee's dorm room. Police further allege that McKee shared a video depicting children between 8 and 15 years old engaging in sexual activities.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Bobby Gonzalez, former Seton Hall men's basketball coach, resolved his pending criminal shoplifting and mischief charges by entering a pretrial intervention program ("PTI"), requiring Gonzalez to complete 50 hours of community service, pay restitution, and otherwise comply with the terms of the PTI program. Gonzalez was accused of shoplifting a $1,400 satchel from a store in the Short Hills Mall on June 29, 2010, only a few months after being fired as Seton Hall's coach.

The PTI program is offered to most first time alleged offenders, and if Gonzalez does not comply with the conditions imposed by PTI, the case will proceed against him. If he does complete the program, the charges will be dismissed.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

While the FBI and state investigations are continuing, the NCAA took it upon itself to rush to a decision concerning the Cam Newton pay-for-play fiasco.  The NCAA concluded that Cecil Newton tried to broker his son's football services for $180,000 to Mississippi State.  But NCAA concluded that there is no evidence "at this time" that Cam was involved in the scheme.  As a result, Cam Newton is eligible to play for Auburn in the SEC title game on Saturday.

Here's, the major problem and potential disaster for amateur sports from the NCAA's haste, the NCAA has turned any ill-minded parent of a star athlete into an immediate sports agent.  If a parent (or any person really) can deliver a star athlete for a price then there is no downside as long as the student "doesn't know."  If the parent gets caught then oh well, the kid gets to play anyway.  If the parent doesn't get caught then the athlete's family can have a nice pay day.  This loophole, created by the NCAA, means there are new "agents" all over college sports.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On Saturday, Auburn QB Cam Newton will lead his Tigers against South Carolina in the SEC title game. However, during this week, the action involving Cam Newton occurred off the field of play.

According to reports, the Mississippi Secretary of State’s office continued its investigation on whether Newton or his father, Cecil, solicited illegal funds for Cam to attend Mississippi State. The Mississippi prosecutors interviewed a former player, Kenny Rogers who may have information about an alleged scheme to funnel $180,000 to the Newton’s for Cam’s services. In fact, there may have even been a bit of a “payment plan” where $80,000 would be paid upon Cam’s signing and then a $50,000 payment in 30 days and a final $50,000 in the following 30 days.

For their part, it should be noted that Cam and Cecil Newton have denied any wrongdoing and denied these pay-for-play allegations. By most accounts, Cam Newton is considered to be a front-runner for the Heisman Trophy. However, if these allegations prove true, the folks at the Downtown Athletic Club better not etch Cam’s name on the trophy.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Apparently, the Texas Tech college football program is trying to make sure no lawyer goes without work.

Former Texas Tech Coach, Mike Leach is suing the college for wrongful termination of his coaching contract and for backpay. This case is in the discovery phase, But Leach wasn't done, he has now sued ESPN for spreading defamatory statements about how Leach handled the concussion of wide receiver Adam Jones, son of ESPN analyst Craig James.

The James' family allegations surround Leach's decision to lock their son in an electrical closet after he refused to practice with a concussion. Leach claims that these allegations were repeated on ESPN. Adam Jones says he was humiliated and demeaned this conduct.

Well, so far, the proof has been a little underwhelming. It appears (according to Leach) that Adam Jones had been a disciplinary problem. Leach was upset with Jones for showing up late at practice wearing a hat and sunglasses when he was injured. In addition, Adam Jones may have destroyed a door in the team's office (causing a $1000 in damages) after he was demoted to the third team. Most importantly, Adam Jones testified that Leach's actions never placed him in medical harm.

For his part, Adam couldn't say whether he is "locked" in an electrical closet or if the door even had a lock. Leach claims that he intended for Adam to be in the team's media room (the size of a one car garage) and that Adam needed to be in a dark place due to light sensitivity.

And then there's Texas Tech, certain emails have surfaced that suggest that the school may have been looking for an excuse to terminate Leach's contract if their contract negotiations did not improve. The school might have first wanted to fine Leach but then used the Jones' allegations to fire him.

All of this brings me to my brilliant legal conclusion: settle. These lawsuits will only be a vehicle to tear each other down. Leach needs a new job and Tech needs to move on. Craig James is major media personality who does not need to be mired in lawsuits and it doesn't look his son is going all-pro any time soon. Tech should give Leach a modest buy-out, paid over time and Leach should take it. Leach and the Jones family should exchange mutual apologies and get back to the big business of college football.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

After Notre Dame visited the new Yankee Stadium this weekend, it has found itself in the midst of another possible dark time for the school and football program.  According to sources, one of Notre Dame's football players was involved in an alleged sexual assault this past fall.  Elizabeth Seeberg, a St. Mary's freshman student reportedly told Notre Dame University police that a Notre Dame football player had sexually assaulted her in a campus dorm.  Just weeks later, Seeberg committed suicide by overdosing on prescription pills.  

Notre Dame head coach Brian Kelly was questioned about the accusations this week, but Kelly placed it back on Notre Dame University to deal with the matter.  Kelly referred to it as "a university matter".  With the death of Declan Sullivan looming in the minds of the media, this is just another nightmare in the short tenure Kelly has taken on since he took over in December.  

ESPN has reported the family of Seeberg is working with Zachary Fardon (a former federal prosecutor) to investigate the incident.  This is just another black eye on Notre Dame's storied program.  Will an email be released on this matter as well where Notre Dame admits it "failed to protect" or was partially responsible for not taking action or properly investigating the matter?  It seems like Notre Dame actually is protecting its student at this point, as the football player involved in the incident remains unnamed and on the team.  With the investigation building momentum, stay tuned to see if Kelly or the University decide it is in the best interest to make a move to suspend the athlete. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There has been a lot of speculation that the University of Notre Dame will move quickly to settle a potential wrongful death lawsuit involving the tragic death of student Declan Sullivan. As of now, there has been no report of a settlement of this incident.

One reason maybe that OSHA, the investigating agency, has not released its findings into the cause of Sullivan’s accident. If OSHA is critical of Notre Dame’s football program for allegedly pushing Sullivan to work on a dangerous lift, the case could be worth a considerable sum.

Well, how much then? Some commentators have postulated that the wrongful death could be worth around $30 million. While valuing a particular case is not a perfect science (but a very important aspect of the legal practice), it is important to consider that Indiana law will allow a jury to assess Declan’s “conscious pain and suffering” before his death. Technically this means, the conscious pain and suffering a person sustained after the accident but before his death. This could be a very short period (i.e. seconds) of time in accidents like a collapse of a scissor lift.

But, juries often (whether knowingly or not) will factor in the “fear of death” that can occur before the accident happens into the equation. We know that Declan tweeted about how dangerous it was to be on the lift that tragic day and had a true “fear” of his impending death (which unfortunately occurred). Given this fact, Notre Dame cannot allow a jury to put a price tag on the fear of death of a 20 year old student. A jury verdict could be devastating on the issue alone, and I am not including lost wages and the pain and suffering of his family. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

To the surprise of no one, Auburn started its star QB, Cam Newton, in its crucial game against arch-rival Georgia. However, concerning the mounting allegations that Newton’s father may have sought a pay-off for his son’s football services, Auburn is officially saying “no comment.”

Well, that’s just not good enough. We now know that Mississippi State is confirming that school was approached to “provide an extra benefit” to obtain Newton. The rumors are the “perk” was between $100,000 to $180,000. So why then did Newton suddenly change his mind to reject Mississippi State and go to Auburn?

No reason? Cam just likes Tigers?

By putting Newton on the field, Auburn is telling us that the school is “innocent” of any wrongdoing (and that means everyone at Auburn). If it turns out that Auburn has lied to the nation and did pay a “perk” to Newton, the school should be made to suffer the maximum penalties by the SEC and the NCAA.

That’s what happens to liars in court when they are caught. In this case, the court of public opinion and the true scholar-athletes (no need to smirk) on the field deserve the truth. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Let's face it, we have seen this show before (many times before). Once again, there a serious allegations that a major college star, Auburn QB, Cam Newton was brokered by his father to play football at the institution of higher learning. Once again, the NCAA is surprised and embarrassed.

This week the FBI met with former Mississippi State player John Bond. Bond apparently had information on a plan to broker a sale of Cam Newton Heisman worth talent, by his father Cecil Newton to Mississippi State. If the allegations are true, Auburn got the the player because they were the high bidder (kind of like the Yankees).

Now, we know Cam has had his share of problems, including theft of a laptop and cheating while playing at Florida. These incidents caused Cam's departure from Florida and his return to the open market.

Yet, instead of getting to the bottom of these serious allegations, it isnt' clear that the NCAA is really doing anything. Where are the the lie detectors? Where is a real investigation? The NCAA isn't a court of law, so it can take actions to enforce its rules.

Right on cue, instead of expressing concern about this brewing scandal, Auburn Head Coach Gen Chizik stated that he was "wasting his time" addressing these allegations and that Cam Newton is a "great human being that comes from a great family."

Well, the FBI is investigation whether a member of Cam's family sold him on the open market and probably failed to pay taxes on any found "income." If these allegation are true, the toothless NCAA should make sure that Chizik is gone from college sports forever.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Notre Dame President, the Rev. John Jenkins, sent a campus-wide email yesterday that stated the school “failed to protect” its student Declan Sullivan. Sullivan was a student videographer who was ordered onto a 50 foot scissor lift to film football practice during a massive wind storm. He was killed when the lift tipped over.

In his email, President Jenkins said that ND was “responsible” for this avoidable tragedy.

The effect of this email is that Notre Dame has admitted liability for Sullivan’s death. In the practice of law, we would now refer to this incident as a “damages case.” Notre Dame has taken the issue of liability off the table (which is admirable) and now is left to reach a financial settlement with Declan’s family.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The danger was open and obvious. The young man, Declan Sullivan, tweeted that he might be killed by going 50 feet in the air to film a football practice in a monster wind storm. The other teams in the area pulled their players inside to avoid the 50 mph winds. But not Notre Dame.

Coach Brian Kelly kept his ND team out there and allowed Sullivan to go 50 feet in the air in a dangerous scissor lift. It seems Kelly's decision sent a 20-year-old student to his death.

Many commentators have called for Kelly to be fired and for ND to settle with Sullivan's family. Both may be appropriate, but there must be more to this incident than a quick settlement and the inevitable calls to "move on." For once, let's not turn the page or "move on." Let's stay right here.

Notre Dame owes the Sullivan family and the public a full investigation and complete accounting for this avoidable tragedy. We need to know if the use of the scissor lift violated federal OSHA standards or Indiana safety laws. We need to know what kind of real training (and by whom) Sullivan had with this construction-type lift. We need to know if Kelly ordered Sullivan on to that lift. We need to know everything.

You can be sure that Notre Dame is going to settle with Sullivan's family. Why would the university want an embarrassing lawsuit that could end in a disastrous jury verdict? But money doesn't put life back in the body of a 20-year-old. For that matter, neither will a full and complete investigation. However, maybe, just maybe, it will help Declan rest in some peace. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Oklahoma State Wide Receiver Justin Blackmon was arrested for charges of driving under the influence early Tuesday morning. Blackmon had been at the New York Giants vs. Dallas Cowboys game with some friends, and was pulled over for driving 92 MPH in a 60 MPH zone. During field sobriety tests, the officer detected the presence of alcohol. It does not appear that Blackmon was given a breathalyzer test. However, since he is only 20 years old, any detectable amount of alcohol is unlawful.

The Denton County District Attorney reported that the DUI charge is a Class C misdemeanor, likened the charge to a "traffic ticket," and stated that Blackmon faces only a $500 fine. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Not that college from sunny California, the other “SC”, the University of South Carolina.

Yesterday, the Supreme Court of the United States refused to hear the appeal of South Carolina in its 13 year battle to use a logo with an interlocking “SC” letters similar to the University of Southern California’s famous “SC.” This decision ended one of the longest trade mark battles ever between football power universities.
The Trojans, the real “SC” I guess, argued that its interlocking “SC” logo was its legal trademark and that another interlocking logo from South Carolina would only cause confusion in the marketplace. However, the Gamecocks countered that a real fan should know the difference between the two schools and their logos.

The Supreme Court, in refusing to hear the Gamecocks appeal, adopted that argument that the Trojans “owned” the interlocking “SC” and it was theirs to keep.

In the end, the Trojans were successful blocking the Gamecocks from infringing on their legal trademark territory.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

So New Orleans Saints' running back Reggie Bush expects us to believe that his decision to return the 2005 Heisman trophy is "not an admission of guilt." Then what the heck is it? An admission that he followed all the NCAA rules to the letter?

This is just another example of the double-talk nonsense used by professional athletes in the hopes of satisfying the fans and media. To make matters worse Sean Payton, Bush's coach, said that the disgraced college player had "matured a ton" since he was drafted.

I beg to differ.

If Bush had actually matured, at all, he would have come clean about his improper conduct at USC and, at minimum, apologized for his lies and misdeeds. That's what a mature person would have done.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

ESPN commentator Jay Mariotti pulled a Tito Ortiz this weekend and was arrested for domestic violence.  The incident happened late Friday night into early Saturday morning.  According to sources, Mariotti's altercation with his girlfriend went "Around the Horn".  Initially, Mariotti and his girlfriend were arguing at a club in Santa Monica.  It then spilled over into Mariotti's Venice apartment, where police were called at approximately 4:30 a.m..  Cincinnati Bengals wide receiver Chad OchoCinco broke the news via Twitter.  

Mariotti was released on a $50,000 bail.  It will be interesting to see how ESPN handles this incident with Mariotti.  Check back for updates.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As we wrote earlier this week, the defense in the Rick Pitino extortion trial tried to make the case about Pitino's adultery and not about the extortion that the defendant Karen Sypher committed. The plan was to make the case about Pitino being a scoundrel and not about the crime.

Now, there really wasn't any doubt that Sypher was trying to extort Pitino out of millions of dollars to buy her silence about their affair. But Pitino's conduct, no matter how unsavory, is absolutely not relevant to Sypher's guilt. The only question for jury is whether Sypher was guilty or not. The jury correctly found that she was guilty.

The jury should be credited for ignoring the false issues and noise and just apply the facts to the law the judge gave them. No matter the verdict, a jury that follows the law ensures that judicial system is working.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In the scandalous trial, involving the alleged extortion of Louisville Basketball Coach Rick Pitino by his ex-lover Karen Sypher, the defense showed its strategy when star prosecution witness Pitino took the stand. The defense made it clear that Rick Pitino is a bad guy and he should get no sympathy from anyone or any juror for that matter.

The defense is seeking "jury nullification" to exonerate Sypher from her extortion charges. The evidence shows that she did it. She clearly was seeking hush money from Pitino to keep their 7 year old affair a secret. The evidence even shows that Sypher wrote an extortion letter to Pitino to get more hush payments.

So how can Sypher be found not guilty? Her defense plan is to simply portray Pitino as such an awful person that the jury should just let Sypher go free. The defense established during Pitino's testimony that Pitino had sex with Sypher in a restaurant while his cronies made sure the "cost was clear." After the married (with adult children) Pitino got Sypher pregnant, he arranged for her abortion and gave her some money to go away.

This conduct shows that Pitino is not exactly the "classy" coach that his image suggests but a typical sports figure with shallow ethics and bad judgment.

Under these unsavory circumstances, the Sypher defense team is hoping that the jurors will use their common sense and good judgment to give Sypher permission to "walk".

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Former Seton Hall University Basketball Coach Bobby Gonzalez entered a plea of non-guilty, in a New Jersey Court, to the crime of shoplifting. The prosecution has charged that Gonzalez stole a bag from the Polo store at the exclusive Short Hills Mall in Northern New Jersey.

For his part, Gonzalez says this is all a big misunderstanding and not some personal foul. Let's wait until we see the store's surveillance video before we jump to any conclusions.

Gonzalez is not in jeopardy of facing any jail time.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Bobby, just cause Indiana Jones wears one doesn't mean you need to steal it.

Former Seton Hall Men's Basketball Coach, Bobby Gonzalez has hit an all time low.  On Monday, Gonzalez was charged with shoplifting and criminal mischief for allegedly stealing a $1,395 men's satchel from Polo Ralph Lauren.  Gonzalez can add this to his upcoming legal bout with Seton Hall for breach of contract, following his firing which occurred in March.  Gonzalez claims this is all a misunderstanding due to a series of miscommunications.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

According to news reports, Virginia prosecutors are declining whether they will seek the death penalty against UVA lacrosse player, George Huguely. We know, however, that the Commonwealth of Virginia ranks second, only behind Texas, for the most executions since 1976.

Under Virginia law, the death penalty is warranted when 1 of 12 "aggravating factors" to found to be connected to a murder. These factors include homicide as part as of a robbery, abduction or rape.

The question then for Huguely is whether an boyfriend/girlfriend relationship that went horribliy wrong can qualify as a capitial murder?

Based on police reports, the murder allegelly committed by Huguely on Yeardley Love was beyond brutal. Virginia prosecutors may claim that Huguely restricted Love's movement and method of his escape, on the night of the murder, thus becoming an "abduction" and an aggravatinig factor. One other factor to watch is whether a rape kit was done, by police, on the victim's body. Obviously, evidence of rape would easily command the seeking of the death penalty under Virginia law.

We expect public pressure for seeking the death penalty to intense on prosecutors. We will be watching to determine whether any "creative lawyering" is needed to trigger an "aggravating factor" under the law.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Yesterday, we preached caution in not jumping to conclusions in the lawsuit filed against the New Orleans Saints. Today, we find ourselves in the same position in the UVA murder.

This morning news broke that Yeardley Love was allegedly murdered by her ex-boyfriend George Huguely. Both of these individuals were lacrosse players at the University of Virginia.

Later today, Huguely's lawyer stated that the killing was an accident and asked for restraint until the facts were known.

As a former prosecutor, here's what you got from the defendant's lawyer in his statement. His client will admit to being present at Ms. Love's death and being engaged in the killing, however accidental. Now, all you have to prove is intent and you have a conviction for First Degree Murder. All the other elements of the crime are handed to you.

The New York Times is reporting that Ms. Love was found in a pool of blood and her head may have been banged against a wall. If this is true, Mr. Huguely may now be the one who will be fighting for his life.

Just keep this in mind (an open mind) as this case unfolds.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link