Mbakwe to enter Pre-Trial lntervention program, case eventually dropped

Donate To GopherHole
I'm with Maximus on this one. Too many gray areas in this case for me to turn this into a giddy celebration.

I hope Trevor didn't have anything to do with this. I'll leave it at that, then hope that whether he plays for the Gophers or Memphis, he'll be an exemplary citizen throughout his career.
 

bga1 said:
If we don't allow him to play under these conditions, then we truly have a death wish as a program.
Click to expand...
Can't agree more.

If Maturi doesn't let him play after this conclusion (clean record after the comm. service, no guilt found, etc.), he's going to have picketers outside Bierman.
 

bga1 said:
......my assumption is that Mbakwe or his attorney have spoken prior with Tubby or Maturi and told them that this was a course of action he (Mbakwe) might take to assure no further costs or risk a wrongful verdict. In such case I believe they would have asked Tubby/Maturi if such a deal would result in Mbakwe being able to play this year.

It would be crazy if this didn't happen. Thus, I'm assuming that Mbakwe got a favorable answer and that Maturi will be out shortly after this is official to give Mbakwe the all clear once court conditions are met and the deal is done.

If we don't allow him to play under these conditions, then we truly have a death wish as a program.
Click to expand...

Based on the way things appear to happen over at the U, I hope he asked both of them, gave Maturi some time to think about it, and then asked him again and got the answer in writing.
 

I wonder if this doesn't have something to do with the signing of Chip Armelin, maybe the staff knew that the need at forward was not going to be that great.
 

This is typical

SelectionSunday said:
I'm with Maximus on this one. Too many gray areas in this case for me to turn this into a giddy celebration.

I hope Trevor didn't have anything to do with this. I'll leave it at that, then hope that whether he plays for the Gophers or Memphis, he'll be an exemplary citizen throughout his career.
Click to expand...

I'm completely fine with this. There are NUMEROUS turns of events along the course of issues like this that none of us are aware of. Case in point:

I have a CLOSE personal friend who went through almost the EXACT SAME THING, with the exact same resolution, the only difference being a domestic dispute between recently divorced folks; disgruntled ex-wife claimed the ex-husband hit her in the course of an argument.

It was about to get thrown out by the DA, DA had a change of heart the day he was going to dismiss the charge. DA and my friend's attorney got together in the back room of the courtroom and hashed out a deal; completion of an on-line course for domestic violence or anger management (I can't recall for sure), keep his nose clean for 90 days; re-convene in court after that 90 days and the matter gets complete eradicated from the record.

My buddy was sick about it; he didn't do anything and wanted to prove just that, but his ATTORNEY convinced him that this was the best way to go. No admission of guilt, no plea, and now, a couple years later, it's ancient history.

ANOTHER THING TO CONSIDER HERE: My buddy's attorney told him that his deal would have died a LONG time earlier in the process but in this day and age, domestic violence and any violence against women is the "blue collar crime" of the time or basically much much more in the public spotlight than many other crimes; much more difficult for DA's to simply dismiss even if they know they don't have much of a case or there isn't much there. I would guess the DA dragging this out was largely due to them going through the motions and showing that they were treating the case seriously, for the benefit of all those watching.

I have no problem with Trevor electing to have the situation resolved this way. It's better for all parties involved, including the Dade County staff I'm sure.
 


While I agree that there's some gray area here, it's certainly understandable for someone who knows they're innocent to still take this deal, especially when thier life is essentially being hijacked and put on hold. I would assume the prosecution would not have offered this if they felt strongly about thier chances, but they've let it drag on too long to simply drop the charges.

Bottom-line is that if this is the outcome, there's no excuse for Maturi not to lift the suspension. If he doesn't (I'm not confident that he will) Trevor will surely transfer and worse-yet, Tubby will officially have one foot out the door with the other to follow next March. Let's hope ol' Joel can make a swift and correct decision for once in his life.
 

Marcus tweet:

"No official comment from Gophs yet today on Mbakwe. AD Joel Maturi is in meetings with B10 and Rose Bowl offficials. But he is aware of it."

Go Gophers!!
 

I don't understand the negativity about this from SS and Maximus (Art I understand).

Trevor is NOT admitting to any guilt in this situation.

Think about it from this perspective (assuming Trevor is innocent): He proceeds to go through a full trial while potentially not playing basketball and possibly having his waiver denied. All the while, he is paying exorbitant attorney fees and there is ZERO guarantee that he will be found innocent.

Or, you could take this deal (which is basically the Miami DA asserting that they don't have much of a case), admit to nothing, likely be able to play basketball, only spend $100 and perform 100 hours of community service, and have zero criminal record.

I'm only a law student, but I'd advocate option 2 for my future clients 99 times out of 100. Absent extenuating circumstances, it would be borderline malpractice to advise your client against that deal.

Now again, this is under the assumption that he is innocent. I think the availability of this deal in the first place attests to the fact that the Miami DA had a tenuous case at best. If you think Mbawke is guilty, then I understand the trepidation. I can't say I'd be disappointed in the court of public opinion for that view because I don't know all the facts either and I lean the other way.

Still, simply from the perspective of the deal, Trevor (and his counsel) made the slam dunk choice here.
 

First of all, I'm a D.A. (insert jokes here)....

A "No Contest" plea by a defendant indicates that they are NOT acknowledging that they are guilty....but that there is enough evidence and/or chance that they would be found guilty at trial and want the benefit of the bargain.

When I was a defense attorney, I had a sign in my office that read...."Leaving your freedom in the hands of a jury, is leaving your freedom in the hands of 12 people who weren't smart enough to get out of jury duty."

Trevor absolutely made the right decision.
 



Marcus takes an opportunity to pat himself on the back with this tweet:

"I was told about Mbakwe's situation early this morning before anyone. Don't usually break big news on Twitter though."

Go Gophers!!
 

More tweets from Myron-

Wow. Just talked to Mbakwe's lawyer for 45 minutes. Says Miami cop told victim to say she knew Mbakwe before assault to "bolster case."
Click to expand...

Says cop now under investigation in Miami. Mbakwe says prosecutor offered pre-trial program today because "their case is crumbled."
Click to expand...
 

this by no way proves if he is totally innocent nor does it prove any guilt. was a way to hoepfully end up with a clean record if he completes what he needs to, be able to move with his life and also not leaving this up to a jury to decide.

as some others have noted too many gray areas to be sure.
 

Negativity? Just a different opinion; that's all it is. I'm happy that it appears this whole deal will reach a conclusion in the very near future.
 



cheeseheadgophfan said:
First of all, I'm a D.A. (insert jokes here)....

A "No Contest" plea by a defendant indicates that they are NOT acknowledging that they are guilty....but that there is enough evidence and/or chance that they would be found guilty at trial and want the benefit of the bargain.

When I was a defense attorney, I had a sign in my office that read...."Leaving your freedom in the hands of a jury, is leaving your freedom in the hands of 12 people who weren't smart enough to get out of jury duty."

Trevor absolutely made the right decision.
Click to expand...

Bingo.
 

From Myron:

"Awaiting word from the Gophers. But Mbakwe lawyer says he expects him to stay at U, play next season."

Go Gophers!!
 

Holy cow, I agree that he takes the deal and turns the page. There is nothing about the "justice system" I would trust with my life. Guilty or innocent has nothing to do with the system. He has been forced to sit out a year, a full year already without a chance at a defense. He has already been punished. The system is about the lawyers making money and the cops sticking together, not justice. Great, great news for TM and the Gophers.
 


Marcus tweet:

"Mbakwe is scheduled to meet with coaches at lunch today. They're talking about what the next step will be."

Go Gophers!!
 

BleedGopher said:
Marcus tweet:

"Mbakwe is scheduled to meet with coaches at lunch today. They're talking about what the next step will be."

Go Gophers!!
Click to expand...

Trevor should be allowed to play immediately. He already served a one year suspension.
 

Art Vandelay said:
Why agree to this if you're innocent?

I guess if it's off his record, who cares.....
Click to expand...

I think he did it so he can come back and stick it in the face of duche bags like you Art! Man you are a miserable human being! Can I get an "AMEN" on this one Gopher fans?
 

Attorney Here

I am an attorney practicing civil litigation in California so take what I say with a grain of salt. Someone already mentioned this but I believe Trevor spoke with Tubby and Maturi to see if the pre-trial intervention agreement would allow him to play.

Trevor's goal is to play in college basketball this year and get to the NBA in the near future. I imagine Maturi gave him the approval if Trevor chose the community service route. The program is designed to find a common ground between the prosecutors and the defense where the punishment isn't too severe and the defendant doesn't post a guilty verdict to his/her criminal record.

I cannot imagine Trevor not suiting up for the Gophers this year. If not, I will truly separate myself from the AD and the Gophers until Maturi is gone.
 

Blizzard said:
I understand it, I think it was the best thing for him to do, and I'm excited for him. Yet, I have mixed feelings. I guess I was hoping for a proclamation of innocence in the form of dropped charges. Great alternative to a trial where anything could happen. But still ..
Click to expand...

Enrollment in the program, Chavez wrote, "is NOT an admission of guilt nor is it a plea."

Which part of this statement don't you understand? Or do you just feel superior to others that you are going to just assume he is guilty by agreeing to this?
 

I am so glad Trevor can get on with a life that has been on hold for too long.

I hope he remains a Gopher. I have always said the outcome of the coming season depend on whether he plays for Tubby or not.

If he does decide to to stay, will he be allowed to go to Vancouver with the team ???
 

BleedGopher said:
Marcus tweet:

"No official comment from Gophs yet today on Mbakwe. AD Joel Maturi is in meetings with B10 and Rose Bowl offficials. But he is aware of it."

Go Gophers!!
Click to expand...

Now that's funny. Gopher AD in meetings with Rose Bowl officials.
 

Golden Shower said:
Enrollment in the program, Chavez wrote, "is NOT an admission of guilt nor is it a plea."

Which part of this statement don't you understand? Or do you just feel superior to others that you are going to just assume he is guilty by agreeing to this?
Click to expand...

Who is this Chavez? I'm not familiar with FL law, but pre-trial diversions in Minnesota might include an admission of guilt by the Defendant, with the judge refusing to accept the plea and instead imposing certain supervisory provisions. Depending on the agreement here, Trevor may still have a period of time within which he must remain law abiding and abide by the terms of the diversion, or prosecution could resume. Pretrial diversions are really nothing more than contracts between prosecution and defense, with court approval dependent upon timing of the agreement.
 

Which part of this statement don't you understand? Or do you just feel superior to others that you are going to just assume he is guilty by agreeing to this?
Click to expand...

Pardon me? Lol.
 


bga1 said:
......my assumption is that Mbakwe or his attorney have spoken prior with Tubby or Maturi and told them that this was a course of action he (Mbakwe) might take to assure no further costs or risk a wrongful verdict. In such case I believe they would have asked Tubby/Maturi if such a deal would result in Mbakwe being able to play this year.

It would be crazy if this didn't happen. Thus, I'm assuming that Mbakwe got a favorable answer and that Maturi will be out shortly after this is official to give Mbakwe the all clear once court conditions are met and the deal is done.

If we don't allow him to play under these conditions, then we truly have a death wish as a program." <quote>


Never make assumptions about this program. Obviously the U has never recovered from the Haskins scandal. Maturi wants the U to appear ethical way more than he wants to win. It would not surprise me if Maturi considers the resolution of this case to be proof that Trevor is unfit to represent the U, kicks him off the team and thus displays what an ethical institution the U has become. I hope not.
On the other side of the coin it seems that the victim was eventually worn down by all the delays and was willing to agree to any deal which brought what has become her personal nightmare to an end.
Click to expand...
 

scools12 said:
this by no way proves if he is totally innocent nor does it prove any guilt. was a way to hoepfully end up with a clean record if he completes what he needs to, be able to move with his life and also not leaving this up to a jury to decide.

as some others have noted too many gray areas to be sure.
Click to expand...

A not guilty verdict doesn't really prove anything either. Ask OJ Simpson if getting a not guilty verdict proved anything to most people.
 

Seriously?

How anybody can see this as an admission of guilt is beyond me. Other than the fact that, you know, it's explicitly state it's not an admission of guilt, haven't you paid attention throughout this ordeal? It's gone on and on and on, despite Mbakwe's continued claims that he is innocent, and has dragged on long enough that he missed an entire year of his basketball career, and he hasn't even gotten to trial.

With an option in front of him where he merely has to pay a small fine and do some community service, ends up with a clean record, and gets to move on with his life, not to mention play basketball, I'm guessing he jumped at the chance to sign up for this. I would have to. Hell, anybody of sound mind would have.

I consider myself a pessimist (well, realist, actually) but for the life of me I can't figure how anybody can look at this in a negative light, even a little bit.
 

You must log in or register to reply here.



Top Bottom