Bad news coming from Myron...

[howeda7]

At what point does Tubby get fed up with Maturi and go over his head to Bruininks and say choose, me or Maturi?

Probably not until next Spring unless Calipari goes NBA and starts new dominoes. And by next Spring it won't really be Bruinicks call anymore.

 

[GoldenHerbs]

This sucks, another what if for gophers fans.

 

[MinneMike]

Tubby and Maturi are doing exactly the right thing. It is in the University of Minnesota's best interest to wait for this matter to resolve itself favorably before allowing Trevor to play, it is also in the best long-term interest of the Gopher basketball program. For example, existing players and potential recruits have parents who help in the deliberation of which university their son (or daughter) signs on with. While I have no reason to doubt Trevor's claim of innocence. Should the court decide against Trevor while he is actively playing for the Gophers, Tubby and Maturi will be faulted for accepting Trevor. It would cast a shadow of the University and its basketball program.

For Trevor, this whole affair must seem like an eternity. He is likely acting out of despair over the possibly of yet another delay in the case. It is likely that Trevor is over-reacting to the entire circumstance and that more rational thought will occur with a little more time.

And, of course, the usual caveat to Myron's "revelation": "There's still a chance that Mbakwe will remain with the program, the persons with knowledge of the situation said

 

[gopherphan]

what the hell reason would it be delayed again for?

 

[MinneMike]

what the hell reason would it be delayed again for?

Any subsequent delay means the prosecution has difficulty in presenting a valid case. All the onus is on the prosecution at this juncture. It could well end up without a trial at all, and any defense lawyer of any stature should be seeking a dismissal of the case.

 

[Calgoph]

I think it is pretty clear that the Mbakwe trial is being delayed by the defense. Joel Maturi's first responsibility is to the U of M. I don't think he will be wanting to cave in to the machinations of a defense attorney. Meanwhile, I am sure he is hoping Mbakwe is found not guilty.

(quote)Under the Sixth Amendment of the United States Constitution and Section 16 of Article I of the Florida Constitution, a person accused of a criminal offense is entitled to a "speedy and public trial." In accordance with these constitutional mandates Florida Rule of Criminal Procedure Rule 3.191(a) provides that an individual arrested for a felony offense must be brought to trial within 175 days of the arrest and an individual arrested for a misdemeanor offense must be brought to trial within 90 days of an arrest. Under Rule 3.191(p), the remedy for failing to bring the defendant to trial within the time period prescribed is a discharge of the offense charged with a ban on any further prosecution.

The 90 day speedy trial period for a misdemeanor or the 175 day speedy trial period for a felony begins with the defendant's initial arrest (or when the defendant is taken into custody on the charge), regardless of when the charges are ultimately filed.(end quote)

Link: http://www.criminaldefenseattorneytampa.com/FloridaDefenses/SpeedyTrial.aspx


The case is well past 175 days and obviously the defense could have had their trial by now if they wanted one. IMHO the longer this drags on the worse it looks for Mbakwe.

 

[underground629]

Wow. A year ago my expectations were so high. Now it's bad news after bad news. If he's found not guilty in the end and plays for another school because of Maturi, that's really going to blow. Trevor may be 26 by the time he graduates if he is able to continue playing basketball.

On a somewhat unrelated note, I wonder if Tubby were to allow Royce back on the team if Maturi would even let him.

 

[gopherphan]

Maturi: ''foster a winning basketball program? not while womens rowing and mens gymnastics need attention!!11!''

 

[UpnorthGo4]

At what point does Tubby get fed up with Maturi and go over his head to Bruininks and say choose, me or Maturi?

Anyone who thinks that President Bruininks, Mark Rotenberg (U of M General Counsel), and Cheryl Brady (VP for Academic Affairs and Maturi's boss) are not fully informed and supportive of any decision that is made concerning this highly sensitive and very public matter just does not understand how things work at the U or any other large organization. Get a clue.

 

[MinneMike]

I think it is pretty clear that the Mbakwe trial is being delayed by the defense. Joel Maturi's first responsibility is to the U of M. I don't think he will be wanting to cave in to the machinations of a defense attorney. Meanwhile, I am sure he is hoping Mbakwe is found not guilty.

(quote)Under the Sixth Amendment of the United States Constitution and Section 16 of Article I of the Florida Constitution, a person accused of a criminal offense is entitled to a "speedy and public trial." In accordance with these constitutional mandates Florida Rule of Criminal Procedure Rule 3.191(a) provides that an individual arrested for a felony offense must be brought to trial within 175 days of the arrest and an individual arrested for a misdemeanor offense must be brought to trial within 90 days of an arrest. Under Rule 3.191(p), the remedy for failing to bring the defendant to trial within the time period prescribed is a discharge of the offense charged with a ban on any further prosecution.

The 90 day speedy trial period for a misdemeanor or the 175 day speedy trial period for a felony begins with the defendant's initial arrest (or when the defendant is taken into custody on the charge), regardless of when the charges are ultimately filed.(end quote)

Link: http://www.criminaldefenseattorneytampa.com/FloridaDefenses/SpeedyTrial.aspx


The case is well past 175 days and obviously the defense could have had their trial by now if they wanted one. IMHO the longer this drags on the worse it looks for Mbakwe.

I agree with your "speedy trial period" particulars but disagree with your conclusion. The burden of proof rests with the prosecution. Hence, postponements (at last count three) represents an inability of the prosecution to bring their case, such as it is, to court.

What evidence do you have that underscores your contention that the defense is the cause of the series of postponements? Please provide.

 

[Plinnius]

What evidence do you have that underscores your contention that the defense is the cause of the series of postponements? Please provide.

It's a pretty well-established fact that Mbakwe's attorney wanted to push the trial back until after the basketball season.

 

[Calgoph]

I agree with your "speedy trial period" particulars but disagree with your conclusion. The burden of proof rests with the prosecution. Hence, postponements (at last count three) represents an inability of the prosecution to bring their case, such as it is, to court.

What evidence do you have that underscores your contention that the defense is the cause of the series of postponements? Please provide.

I don't have the link but at the very beginning the defense attorney spoke of the benefit of delaying the trial. Yes, at one point the prosecutor lost track of his victim, but that was shortly resolved. What is your proof that the prosecution is delaying the trial? Prosecutors are required to have the proof they need to convict when they file charges. What might be their continuing reasons for justifying delay?

Did you read the link? There are provisions whereby the defense can demand a trial within 5 business days if they want it. The fact that Mbakwe is being denied the ability to play basketball at the U would be proof that he is being hurt by the delay and give the defense justification to force a trial. At one point the defense said they couldn't get their witnesses to court because they were all in college playing basketball. What would be their problem in June?

 

[Ron Johnson Super Fan]

I think it is pretty clear that the Mbakwe trial is being delayed by the defense. Joel Maturi's first responsibility is to the U of M. I don't think he will be wanting to cave in to the machinations of a defense attorney. Meanwhile, I am sure he is hoping Mbakwe is found not guilty.

(quote)Under the Sixth Amendment of the United States Constitution and Section 16 of Article I of the Florida Constitution, a person accused of a criminal offense is entitled to a "speedy and public trial." In accordance with these constitutional mandates Florida Rule of Criminal Procedure Rule 3.191(a) provides that an individual arrested for a felony offense must be brought to trial within 175 days of the arrest and an individual arrested for a misdemeanor offense must be brought to trial within 90 days of an arrest. Under Rule 3.191(p), the remedy for failing to bring the defendant to trial within the time period prescribed is a discharge of the offense charged with a ban on any further prosecution.

The 90 day speedy trial period for a misdemeanor or the 175 day speedy trial period for a felony begins with the defendant's initial arrest (or when the defendant is taken into custody on the charge), regardless of when the charges are ultimately filed.(end quote)

Link: http://www.criminaldefenseattorneytampa.com/FloridaDefenses/SpeedyTrial.aspx


The case is well past 175 days and obviously the defense could have had their trial by now if they wanted one. IMHO the longer this drags on the worse it looks for Mbakwe.

Thanks for doing the legwork and posting that info Calgoph. I was suspecting that Trevor could have had his trial by now under the 6th amendment if his defense were willing to press the issue.

Trevor is in a tight spot on this. If the case does not go to trial this summer as planned I don't see any way that Maturi clears him for play this fall, given that he wasn't allowed to play without a verdict last season. However, if it is best for his defense to delay the trial then that has to be has to take priority over trying to get cleared to play for the U this year.

 

[MinneMike]

What evidence do you have that underscores your contention that the defense is the cause of the series of postponements? Please provide.
I don't have the link but at the very beginning the defense attorney spoke of the benefit of delaying the trial. Yes, at one point the prosecutor lost track of his victim, but that was shortly resolved. What is your proof that the prosecution is delaying the trial? Prosecutors are required to have the proof they need to convict when they file charges. What might be their continuing reasons for justifying delay?

Did you read the link? There are provisions whereby the defense can demand a trial within 5 business days if they want it. The fact that Mbakwe is being denied the ability to play basketball at the U would be proof that he is being hurt by the delay and give the defense justification to force a trial. At one point the defense said they couldn't get their witnesses to court because they were all in college playing basketball. What would be their problem in June?

================================ (end of quote)

I would strongly encourage you not to state 'professed' facts with such certitude. In fact, you have no strong indication that the prosecution has not sought postponement of this case as reflected in your inability to provide evidence of same. But I do have certitude of the prosecution delaying the case on at least one occasion: "The trial has been mired in the difficulty of obtaining depositions from out-of-town witnesses, but Chavez (the prosecution) said Monday that all depositions have now been taken." (MN Daily 3-2010).

Let's understand, the onus is on the prosecution to present their case under our presumption of innocence legal system.

You need look no further than the Duke Lacrosse scandal to find a prosecution in disarray, and the serial postponement of trial dates that ensued.

 

[MinneMike]

It's a pretty well-established fact that Mbakwe's attorney wanted to push the trial back until after the basketball season.

Thank you for this, but the article references a postponement in 2009. Subsequently, there have been additional postponements of greater consequence.

Why is it that you take for granted that subsequent postponements have been made by the defense? Why isn't it equally acceptable to you that the prosecution is having trouble bringing this case to trial?

 

[NateDawgUM]

Theoretically

nevermind

 

[Plinnius]

Why is it that you take for granted that subsequent postponements have been made by the defense?

Why the hell wouldn't it be the defense? They can't go to trial until all of their witnesses are made available.

 

[jovs]

This kid is a major flake . The grass isn't always greener Forest, but keep on running.

If you look at everything with shades on yeah, but:

He was at practice everyday, no hope of playing, and never complained.
Used up a red shirt year doing it.

Has not been convicted of anything. If infact he is innocent, like I hope he is, he is anything but a flake.

 

[Ron Johnson Super Fan]

If you look at everything with shades on yeah, but:

He was at practice everyday, no hope of playing, and never complained.
Used up a red shirt year doing it.

Has not been convicted of anything. If infact he is innocent, like I hope he is, he is anything but a flake.

Agreed. I wouldn't call him a flake for this situation. Not only was he at practice every day, he always appeared very engaged on the bench, cheering on his teammates, etc. Given his situation, I thought his attitude appeared exemplary.

The bottom line is that he isn't going to play at the U without being found not guilty of the felony charges or having the charges dropped. It appears that his defense does not want the trial to go forward at this time, prompting him to explore schools where he may be cleared to play right now. I can't say I blame him given his concurrent goals of not going to jail and playing ball. However, I'm still not sure how he will get a waiver from the NCAA,

 

[NurumbiCongo]

I don't know if he is a flake or not. Though he does have a history of ditching schools after one season.

Mbakwe’s decision to quit comes as a shock
Forward’s departure depletes frontcourt
By Todd Rosiak of the Journal Sentinel

Trevor Mbakwe has informed Marquette Golden Eagles coach Buzz Williams that he has quit the men’s basketball team, Williams said Sunday night.

A 6-foot-7, 240-pound sophomore forward, Mbakwe would have begun the fall semester with his teammates this morning but instead remains in his hometown of St. Paul, Minn.

Williams and the Golden Eagles, meanwhile, were caught completely off-guard by Mbakwe’s decision, especially since he took part in all of MU’s off-season workouts and had given no indication he was considering leaving.

“He just said that he felt it was best to go the junior-college route,” Williams said. “He had never told me anything. I only want people that want to be a part of our program, be a part of our institution and be a part of our family. I wish Trevor nothing but the best, and I know his teammates feel the same way.

“I was shocked by the news.”

Now, MU is left a man short at a crucial position, and will have no choice but to bank the scholarship for the 2009-’10 class because school is already in session and no suitable replacements are available to sign at this point.

There were whispers Mbakwe was considering transferring in the days after coach Tom Crean’s departure for Indiana, but on April 16 he told the Journal Sentinel that he would remain at MU.

“I’ve been reading the papers and they’re saying all this stuff about me transferring for family reasons before Coach even left,” Mbakwe said at the time. “I just want to let everyone know that isn’t true. It was news to me. It was a shock. I didn’t know where it was coming from, and that’s never been an idea in my head.”

Mbakwe was expected to be a key contributor last season as a freshman, but was declared out for the year after suffering a knee injury in practice. He underwent surgery on Nov. 9 but on Feb. 15 was declared fit to play, and decided to take part in the final portion of the Golden Eagles’ schedule rather than sit out the rest of the season as a redshirt.

He played in 10 games, averaging 1.7 points and 2.3 rebounds per game in a reserve role, but appeared to lack confidence in the knee.

Looking ahead to this season, a healthy Mbakwe likely would have been projected as the first big man off the bench for the Golden Eagles.

http://www.jsonline.com/sports/goldeneagles/32596679.html

 

[howeda7]

The bottom line is that he isn't going to play at the U without being found not guilty of the felony charges or having the charges dropped. It appears that his defense does not want the trial to go forward at this time, prompting him to explore schools where he may be cleared to play right now. I can't say I blame him given his concurrent goals of not going to jail and playing ball. However, I'm still not sure how he will get a waiver from the NCAA,

Doesn't the victim have some right to a speedy trial here as well? Certainly, Trevor's attorney has the right to delay long enough to get all of his witnesses available, but he can't just delay indefinately for no reason. Regardless of particulars, a trial for an assault accusation should not take over a year to be completed (which it already has) much less 18 months, etc. At some point it's either got to be tried to dropped for the sake of both parties.

 

[Calgoph]

.........

I would strongly encourage you not to state 'professed' facts with such certitude. In fact, you have no strong indication that the prosecution has not sought postponement of this case as reflected in your inability to provide evidence of same. But I do have certitude of the prosecution delaying the case on at least one occasion: "The trial has been mired in the difficulty of obtaining depositions from out-of-town witnesses, but Chavez (the prosecution) said Monday that all depositions have now been taken." (MN Daily 3-2010).

Let's understand, the onus is on the prosecution to present their case under our presumption of innocence legal system.

You need look no further than the Duke Lacrosse scandal to find a prosecution in disarray, and the serial postponement of trial dates that ensued.

I don't agree with your logic at all on this subject. Plinnius supplied the link I didn't have in my first post and your response to him didn't make sense to me or apparently to him.

I understand the onus is on the prosecution. That is the whole point of the speedy trial law I referenced. The prosecution has to be prepared to go to trial with the evidence they have. If the defense wants a speedy trial, they can force one.

And while I didn't follow the Duke case closely, I believe the prosecutor broke the law in his over-zealousness. So far I haven't heard the defense complain about the prosecutor although I admit I haven't read everything that's been written.

Just to be clear, I hope the charges are either dropped or Mbakwe is found not guilty. Meanwhile, I'll just agree to disagree and stand by the points I made...let the readers decide.

 

[NDGopher]

Honest question...why do you people listen to Myron?

He never breaks any news, EVER. He's just repeatedly wrong over and over.

To be completely real I'd say I have just as many sources as Myron if not more, as he has none. Dude is a talentless hack.