Law and Order: Jamar Smith edition
Normally this desk doesn’t address sports. Every once in awhile though, something happens that sparks an issue of broader social concern. Unfortunately, this looks like something that is going to get a whole lot bigger.
Jamar Smith is coincidently (?) represented by Attorney Mark Lipton who is *also* defending Jamar’s fellow teammate Rich McBride who is *also* charged with DUI. McBride was punished by the athletic department in October and according to The Daily Illini, his next court date is set for March 1. McBride was previously involved in a burglary with 2 other former Illini players in 2003 but no charges were filed.
So, is there a pattern emerging? Perhaps. Are there bigger problems with Illinois basketball than the prospect of being stuck in the NIT? Most likely.
But the story is going to get a lot deeper. Here’s why:
“When we appear in court, we will tender pleas of not guilty and demand a jury trial,” Lipton said. “Jamar and I are confident that this matter can be appropriately resolved in due course.”
According to this and this Smith’s actions were pretty well-documented by authorities. I was quite shocked to see that even after suffering a concussion, Smith actually drove back to his apartment while presumably still under the influence. Even worse, he didn’t even bother to call 911 even after he mistakenly assumed teammate Brian Carlwell was dead. Even WORSE was that other team members were at his apartment and none of them called the authorities either. It’s impossible to know his state of mind at the time but is it really possible that Smith called team members first? Who else would he have called before the police (or an ambulance)?
So, why would someone who had all this against him along with a blood alcohol level of .176 (which is more than twice the legal limit. Which is roughly .176 above the legal limit because Smith is only 19 years old) plead ‘not guilty’ to all these charges? Leverage.
The decisions to plead ‘not guilty’ and to request a jury trial spell trouble for the University. In the first place, since Smith is an athlete, there will be accusations that he is receiving preferential treatment (being on the bench at Wednesday’s game while out on $10,000 bond for one thing). More importantly though, this case has the potential to involve many prominent University athletic figures up to and including Bruce Weber and other basketball players.
If I was a prosecutor, I would like to know who knew about the accident before police arrived. I’d like to know what the players were doing drinking beer and tequila in the middle of the season even after a senior member of the squad got suspended for DUI. And I’d really like to know if something could’ve been done to prevent the accident from happening in the first place.
From a U of I perspective, it would be in it’s best interests to see Smith take a plea (which, despite the legal gamesmanship, he probably wants anyway) rather than to air the athletic program’s dirty laundry in a very messy and public trial that could poison two different basketball seasons not to mention the University’s already damaged (See: Chief) image.
Plea or not, something’s broken here and it needs to be fixed. If it takes a trial for everybody to get the message that this kind of behavior is not acceptable and shouldn’t be openly or tacitly condoned, then maybe that’s what we need.
February 22nd, 2007 at 8:47 am
Okay not to rain on your parade, but it is standard protocol to plead not guilty and demand a jury trial. This happens in EVERY case, even those that turn into a guilty plea. No one pleads guilty at a first appearance.
I agree with almost everything else you say, but please realize this is not some legal trick, but the way in which the system works.
February 22nd, 2007 at 10:19 am
I know. I’m just saying there’s a lot more to a ‘not guilty’ plea in this case then your average case. If he did immediately plead guilty, then he’s at the prosecutor’s mercy with no more cards to play.
February 22nd, 2007 at 1:22 pm
Jamar is gone. Just look at his Away Message…
February 22nd, 2007 at 4:43 pm
I don’t understand how Bruce Webber could allow him to sit on the bench last night. He should have immediately banned him from all activities involving University athletics. This is a slippery slope and, while I think Bruce Webber is a nice guy (from an alum’s perspective), it seems to me the coach and the program is sliding downhill. And fast.
February 22nd, 2007 at 5:42 pm
Andrew, just because the facts suggest that Smith is “guilty” is not a reason to plead guilty. The burden of proof is on the prosecution. Besides, Smith has a constituional right not to incriminate himself regardless of the facts. A good defense attorney can sometimes work wonders.
By the way, I’ve worked on legal cases since 1991 and I’m always amazed at the verdicts juries sometimes reach.
February 22nd, 2007 at 9:01 pm
Well done, Andrew. I was (and still am) wondering why nobody (except you, apparently) has pointed out that Smith’s blood alcohol level was not only two times above the legal limit, but illegal entirely due to the fact that he is underage. It is often said that people deserve a second chance. Smith should have that chance, at life. At basketball at the U of I? I’m not so sure. Surely this would warrant at least a loss in a scholarship (which I’m assuming he has a scholarship). At some point, class and the strength of our character has to be put above second chances. A line has to be drawn somewhere. Unfortunately for Smith, his actions may represent that line.
February 23rd, 2007 at 6:33 am
Even though the “evidence” is well published.. we do live in a country where you are innocent until proven guilty. I do beleive this is why Bruce Weber allowed Jamar to sit on the bench on Wednesday evening. We have a legal system that will sit in judgement on Jamar’s behavior.
If he is proven guilty.. he should be gone from the program. A message needs to be sent. Jamar will have a second chance at life.. by the grace of God ,so will his teamate Brian. It is a sheer miracle we are not looking at a vehicular homicide charge.
I also agree wth the above questioning of drinking during the season. ( not to mention underage drinking) Bruce needs to get a grip on his boys. As scholarship athletes , it is their JOB to follow the rules.
I live in Cincinnati.. yes they have been many comparisons between the Bengals situation and the growing controversy of off court antics of the Fighting Illini. It is embarrassing … enough said!
February 23rd, 2007 at 7:30 am
This is getting too much of a pattern. It looks like the athlectic department is not willing to displine it teams. Now we know why the team looks so “sorry” at times. Seems that there may be a cover up. Who else was involved in this drinking party. Punish them too. Or is it now win at all cost.
Maybe there is a reason that the top recuits go else where.
February 24th, 2007 at 4:25 pm
I am still in awe of how there have been no charges against Brian Carlwell. He WAS drinking also and also underage. The University is looking past that fact because he was the victim in the accident. He is just as guilty as Jamar but he is NOT having any consequences. What’s with that? Especially since they say he will be back to Play early March?
February 25th, 2007 at 9:01 am
I totally agree with you Lyndsey. Brian made two very poor choices that evening.. he drank and then got into to car with a drunk driver. Sounds like other team memembers are also at fault with violating University Athletic policy.
Bruce has to address this issue with his entire team. It is essential for the future of the team and the perception of thos University throughout the nation. Again, by the grace of a higher power.. we are reading an editorial in this paper and not an obituary . I hope the athletic department heeds this warning. I doubt we will ever get another chance.
I met Bruce last year when he is was in Cincinnati. He is a humble man but possesses extremely acute vision. I feel confident that he will use this information and help to mold the players talents on and off the court.