Attorney: Davis Will Sue The Chicago Sun-Times

Posted by jstevrtc on August 7th, 2010

The battle…is now truly joined.

Late on Friday, an attorney representing Anthony Davis, Sr. told the Chicago Tribune that a lawsuit will be filed next week against Michael O’Brien and the Chicago Sun-Times.

According to the story at the online version of the Tribune, Mr. Davis’ attorney, Georgette Greenlee, told the paper that “It boggles our mind where O’Brien got his information from.”

The Sun-Times knew they could face legal action if they persisted with the story that the elder Davis had made a $200,000 deal with the Kentucky program in exchange for a commitment by the younger Anthony Davis, and after receiving that strongly-worded letter from lawyers representing UK, did they back down?  Only temporarily, but then came back with a story in which O’Brien claimed he had three sources claiming that Mr. Davis was shopping his son. Kentucky’s press release on Friday afternoon stated that they would support “any action” that the Davis family took against O’Brien and the paper, and it looks like that’s exactly what’s going to happen next week, unless the Davises are attempting to call what they consider a bluff by the Sun-Times.

But both sides appear extremely confident in this matter, which means that each thinks it has a piece of trump-card information that will annihilate the other.  If a lawsuit actually gets filed, it’ll be incredibly interesting to see what tidbits of information are revealed as a result of the discovery process.  Will Michael O’Brien and the Sun-Times produce solid evidence that will support their article and implicate the Davises (and maybe Kentucky)?  Or will we soon see Anthony Davis reviewing movies with Roger Ebert?  It’ll be one heck of a showdown.

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Sun-Times Fires Back On UK/Davis Situation

Posted by jstevrtc on August 6th, 2010

Not only did the Chicago Sun-Times not back down, they’ve responded with vigor.

Not even two days after the University of Kentucky sent a letter to the S-T jumping on the paper’s accusation of them having given stud recruit Anthony Davis $200,000 to sign with the school, Michael O’Brien, the author of the original controversial article, stepped back up with another piece that claims:

“Sources from three separate universities told the Sun-Times that Davis, Sr. asked for money in return for his son’s commitment, with the amounts ranging from $125,000 to $150,000.”

There’s been no response from Lexington…yet.  The question is — should there be one?

Davis finds himself in the middle of a media maelstrom.

Just about every media outlet slammed O’Brien and the Sun-Times for publishing the original accusation based on what appeared to be a single-sourced “rumor,” burying it deep within the story, then revising the original article and not mentioning that they did a re-write.  O’Brien, asked by numerous outlets for a comment (including us), didn’t give one, but it’s safe to say that this story serves as his his response.

Let’s take a closer look at that new statement by O’Brien and the Sun-Times, though.  As you can see above, today’s article states that Anthony Davis’ father asked for money in the aforementioned amounts.  It does not say that Kentucky gave him anything, which is a bit of a comedown from the first article which was removed.  The dollar amount is different, too.  Are these three sources that the Sun-Times is holding up today different from the source that led to the first story?  If the original source is included, then why has the amount gone down from $200,000 to a maximum of $150,000?  And if these are indeed three different sources, then why weren’t they included in the original write-up on Wednesday?   Did he go out and find three new ones in the last 36 hours, and would they happen to have anything to do with the three schools said to be competing with Kentucky for Davis’ services?  Finally, why is the mention of three new sources backing O’Brien’s original version buried ten paragraphs down the page and not leading off the article?

The University of Kentucky is now in a strange position.  If they don’t come back with something stronger than a letter to the paper, they’ll look bad, and — right or wrong — people will wonder if they’re too busy covering their tracks to respond.  If they make good on the threat implied in that letter they sent on Wednesday night and actually get into this legally, then everything will come to light.  And we don’t just mean everything involved in the recruitment of Davis.  Once lawsuits get filed, subpoenas start flying and all the details emerge as part of the discovery process (just ask Rick Pitino).  Assuming everything John Calipari’s ever done in terms of recruiting is spotless, would he and UK want everything about his recruiting techniques and methods out there in the public for everyone to see?  That’s the best-case scenario for UK if this gets into the legal system.  Most people don’t want their trade secrets revealed, forcibly or otherwise.  Is there a chance the Sun-Times knows Kentucky would prefer to stay out of this legally, and is calling their bluff?  That’d be quite a gambit, but the paper has a lot less to lose here than UK.  No offense to Mr. O’Brien, but if he’s wrong about this, then he probably loses his job and the Sun-Times apologizes.  If he’s ends up being right, then Kentucky’s looking at NCAA penalties and John Calipari is looking at an even more tarnished reputation, not to mention the wrath of Kentucky fans.  You’d have to wonder if any program at any level would ever touch him again.

With this article today, the Sun-Times has directly challenged the University of Kentucky, and the fact that the paper actually quoted the letter sent to them by the school’s attorneys shows that they’re confident they’ve got the horses to back up their story, or they’re willing to go to the mat with UK on this because they have a lot less to lose.  And because of that, they’re winning this chess match right now.  It’s Kentucky’s move.

UPDATE:  Minutes after this story was published, the University of Kentucky issued this a press release, again denying the Sun-Times‘ assertions and — this is the most important part of the statement — saying it supports “any action” that Anthony Davis and his family (the school is not allowed to mention him by name, per NCAA rules) would take against O’Brien and the paper, but in terms of its own legal actions, the release states it is “evaluating all available rights and remedies it may have” against O’Brien and the newspaper.  Read the statement here.

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Sypher Found Guilty Across The Board, Pitino Image Repair Begins

Posted by jstevrtc on August 5th, 2010

Earlier today, the jury in the Karen Sypher extortion case found her guilty on all six counts with which she was charged by the government.  From KSR:

  • Three counts of extortion,
  • Two counts of lying to the FBI, and
  • One count of retaliating against a witness.

By our tally, that can result in up to 26 years in the hoosegow and $1.5 million in fines.  The sentence will be handed down within the next two months.

A couple of quick thoughts, here. You may recall that Sypher’s defense team did not bother to call any witnesses as part of their case.  This can only mean that her attorneys felt confident enough in the failure of the prosecution to get over that “reasonable doubt” threshold they’re required to achieve.  After an across-the-board guilty verdict, though, you certainly have to wonder about the radar and the handicapping abilities of that defense team.  Not only will she not be taking them on any trips out to Churchill Downs any time soon, but it’s conceivable that she could accuse them of ineffective assistance of counsel, a form of legal malpractice, and appeal this verdict.  This tactic rarely works, however, because even if your defense calls no witnesses at a trial where you’re found guilty, proving your counsel was incompetent is a very hard thing to do.  You’d pretty much have to have an attorney like the lawyer who went nuts and stripped naked during the deposition in the movie Michael Clayton to make that stick.

She can appeal, citing counsel's "ineffectiveness," but it's a huge stretch.

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Texas A&M Keeping A Close Eye On Big 12

Posted by jstevrtc on August 3rd, 2010

The higher-ups in College Station, Texas keep on checkin’ that mailbox.

A few days ago, the Texas A&M student-run Battalion newspaper reported that Big 12 commissioner Dan Beebe, the man credited with saving that conference, didn’t exactly seem fired up to discuss the $20 million the Big 12 is supposed to pay A&M annually as part of a deal that kept the conference intact, noting that Beebe would “get around to talking to A&M about this ‘hidden’ money.”

As you recall, part of the deal that held the Big 12 together a couple of months ago was that the “big three” schools — namely Texas, Texas A&M, and Oklahoma — would each receive a yearly $20 million payment as part of a new ABC/ESPN/Fox Sports television deal and from the exit costs incurred by Nebraska and Colorado when they decided to bolt for the Big Ten and Pac-10, respectively.  Those exit fees (if they actually exist) from those two schools totaled upwards of $20-40 million, and five of the remaining schools — Baylor, Missouri, Iowa State, Kansas, and Kansas State, as reported in a summary of this situation by the Houston Chronicle — agreed to forego their shares of this money and let the “big three” divide it up amongst themselves, as long as those three schools would stay in the conference and thereby keep it together.  Texas and Oklahoma said thanks-but-no-thanks to that cash.  Texas A&M accepted it.

Will Beebe and the Big 12 come through with the $20M? We're betting yes. (AP/Cody Duty)

Also according to that piece by Brent Zwerneman in the Chronicle, a Texas A&M official stated last Wednesday that A&M doesn’t really care how the conference comes up with the money — just that the Big 12 honor their end of the agreement, and that failure to do so would result in both legal action and a reopening of talks with the SEC.   Texas A&M president R. Bowen Loftin spoke at an A&M event in Houston on Saturday and minced no words on the issue, proclaiming, “I guarantee you we will be treated fairly.  Whatever it takes.”  Loftin’s words came two days after Mr. Beebe reaffirmed that Texas A&M would get their $20 million cut.

For several reasons, we’re pretty sure that the Big 12 will come through.  Not only would they never live down the embarrassment from reneging on the deal, but consider that the payments don’t even start until the 2012-13 academic year, giving them ample time — something they didn’t have as the conference was crumbling in June — to figure out how to divide up the cash from the TV deal and the exit fees.  And if the conference somehow doesn’t hold up their end, Texas A&M would certainly make good on that SEC threat, enticing rival Texas to do the same, and leaving Oklahoma no incentive to stay put.  The price of not coming up with the money would seem to be the very existence of the conference.

Keep in mind, though, that as of right now this whole agreement involving the $20-mil is oral.  Until one of two things shows up in College Station — the dough, or a written form of the agreement — A&M will continue to play that SEC card, and you can’t really blame them.

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Pitino’s Preparation Evidently Pays Off — The Cross-Examination

Posted by jstevrtc on July 30th, 2010

Thursday was the fourth day of the Karen Sypher extortion trial in Louisville, and it brought the cross-examination of Rick PitinoWe predicted yesterday that there would be some heated exchanges between Sypher’s defense attorney and the Louisville coach (not exactly going out on a limb, there), and that since he’s a master of preparation when it comes to coaching basketball, he’d be confident and ready to roll — or at least appear so — when it came time to talk about some harrowing and even downright embarrassing stuff, especially with an extra night to prep.  Our information below comes from the summaries written by Louisville’s Courier-Journal and the point-to-point breakdown and analysis at Kentucky sports blog KentuckySportsRadio.com (KSR).

Pitino started the day on the stand and was done by noon, totaling six hours on the stand between today and yesterday.  According to KSR, Pitino was an effective witness for the government/prosecution, though things did get a little testy between Pitino and Sypher’s defense attorney — who started his cross-examination by reading a quote from one of Pitino’s books (that’s cold!) — at a couple of junctures when the details of the fateful night at the Italian restaurant were discussed.  It does not, however, sound like there was any particular incident that resulted in huge verbal volleys or anger above what one would expect.  Pitino knows that he can’t allow it to appear as if the defense attorney is getting to him, and we’d expect that his skills at readying himself for opponents served him well.  Still, a few items from today’s witnesses caught our attention.

Tim Sypher testified today, and said things that helped and hurt both his former wife and Pitino.

First, there’s something we haven’t heard mentioned in any discussion, and that’s the fact that Pitino’s motivational speaking days are gone, and according to KSR he was pullin’ down anywhere between a grand to $40,000 per speech.  You could even assume that figure would have climbed if Pitino claimed a national title or a couple more Final Fours, so there’s no telling how much income Pitino cost himself because of a few drinks at a bar and a grave mistake involving a woman who, in our eyes (as we rely on the reports of others), is coming off  like she had an agenda all along.  Mind you, all we’ve heard so far is the prosecution’s case.

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Pitino Takes Stand, But Sparks Could Fly Tomorrow

Posted by jstevrtc on July 28th, 2010

This was the day that Louisville supporters and scandal followers — and likely Rick Pitino himself — have been waiting on.  Sort of.

Pitino took the stand as a witness for the United States side of things today in the Karen Sypher extortion trial in Louisville.  Under direct examination, Pitino testified that Sypher’s motivation “from the day this all started…was to blackmail me.” He described how he received a pair of voicemail messages from an unknown caller alleging that he had raped Sypher, and that he subsequently met with her to try to identify the caller.  Pitino added that Sypher even accused him of making the phone calls as a ruse.  This information comes from coverage by Louisville’s Courier-Journal, but we’ve got to give props to Matt Jones and KentuckySportsRadio.com, here, too.  Jones, a lawyer himself, is there watching the whole thing, tweeting updates, and updating his site with a nightly breakdown and analysis that all but puts you in the courtroom.

Pitino got to have his say against the accused (above) today.

By far the most popular soundbite to emerge from the day’s testimony was when Pitino revealed that, after Sypher initiated their sexual encounter by undoing his fly and asking Pitino if he had a condom (he didn’t), the whole thing lasted “no more than 15 seconds.”  We’ll not touch that one with, say, a shot-clock joke, but suffice to say that there have been some outstanding resultant tweets (we’re lookin’ at you, @DanWetzel and @ClayTravisBGID).

The reason we added the “sort of” above is because Pitino only had to go through direct examination today.  We’re sure he relished the chance to take the stand and clear his name (even though the trial is really about whether or not Sypher attempted to extort him) as best as he can, but if there are going to be fireworks, they’re likely to come tomorrow when Pitino faces cross-examination by the defense.  According to the breakdown from Jones/KSR linked above, the defense has been effective at crossing potentially damaging witnesses so far, so this could get heated.  Consider, however, what we know about Rick Pitino’s coaching style.  Above all, he’s a preparation coach.  His biggest asset is how much work he invests in getting ready for an opponent ahead of time, and even though he’s surely been prepped like mad for this by his attorneys already, now he’s got another full evening to get ready for the hardest part.  If the defense is able to put together a jewel of a cross-examination, though, it will also be interesting to see if the US can stack him back up on re-direct.

Though no infectious agents have ever been discussed in this whole business and we can assume none ever came into play, that description of the brief event by Pitino reminds us of one of the several great lines from Band of Brothers:  “Remember, boys…flies spread disease.  So keep yours closed.”

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Sypher Extortion Trial Against Pitino Begins Today In Louisville

Posted by jstevrtc on July 26th, 2010

As if the drama of conference realignment and the fate of the play-in games wasn’t enough for your summer, the college basketball world now turns a reluctant eye to Louisville, where the Karen Sypher extortion trial begins today.  It’s been about seven years since whatever happened between Sypher and Rick Pitino in that Italian restaurant happened, and the sorting out of this whole mess started earlier this morning in the U.S. District Court in Louisville.  The trial is scheduled to last a couple of weeks.

In addition to the extortion charge, Sypher is accused of retaliating against Pitino after he went public with the news of the single-night affair, and then lying to federal agents about it.  The linked article above from Louisville’s Courier-Journal describes how, even though it might seem like prosecutors have a pretty sweet breakaway dunk in this business, they’re not making the mistake of just assuming a win.  They’ll have to prove everything we’ve been hearing about in the media — the false rape claim, the lies to federal prosecutors, the exchange of money and cars, and so on — to get a victory, here.

July madness begins in Louisville.

That Sypher may have had some experience with this extortion stuff even before her dealings with Pitino doesn’t help her cause.  And the very first page of the Courier-Journal’s article notes how prosecutors will introduce evidence that Sypher had sexual relations with both of the men whom she used to make the actual threats against Pitino, including performing “a sexual act” for one of them — a guy named Lester, and honestly, how can there not be a guy named Lester involved in all of this? — on the very same day that he made the initial threatening call to Pitino.  Also, according to this update from the Courier, in Sypher’s attorney’s opening statement, he alleges that Pitino “suggested something involving concrete and a river” after Sypher said that she didn’t want an abortion.  Feel that?  That’s your skin crawling.

While it will be interesting (and a little gross) to watch the events play out in Louisville over the next two weeks, we’re even more intrigued by the possible effects this could have on the Cardinals when the time comes to actually play basketball again.  Will Pitino’s players respect him as a coach or look at him more as a man who dishonored his wife?  Will the added media attention (because even though the trial might be over in two weeks, this all won’t just end in two weeks) be a distraction from basketball?  Will these legal issues and the increased rumblings in the city of Louisville about the absence of a national title under Pitino have him wondering if it’s time to move on? Or will his players rally behind their coach, buy into his system more than ever, and return Louisville to the later reaches of the NCAA Tournament?  If he makes any statement to the media over the next two weeks, be ready for Pitino to rhapsodize about how these are the greatest days of his life and how he’s never been less stressed than he is right now.  Which means that he’s in hell, and can’t wait to get back to basketball.  Can you blame him?

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Drexel’s Leading Scorer Busted For Armed Robbery

Posted by rtmsf on July 26th, 2010

We know that Philadelphia is a tough town, but this is ridiculous.  Stories like this always amaze us given the risk/reward matrix, but Drexel University’s starting point guard (Jamie Harris) and a backup forward (Kevin Phillip) spent the weekend as fugitives from justice while Philly police searched for them in light of a videotape showing the pair leaving an apartment after an armed robbery (with a third accomplice named Devon Bond) last Wednesday night.  The two surrendered to the authorities today, and if the allegations that the Dragon teammates were involved in the robbery turn out to be true, it’s two more lives destroyed in an incomprehensible way. 

Bonehead Brothers (AP/M. Perez)

As the story goes, the pair (along with Bond) allegedly busted in on a woman (also a Drexel student) in her apartment whom they thought was holding a “big stash of cash.”  They brandished handguns and ordered the woman to hand over the money, but it turns out that their carefully-begotten information was bad — the woman was not in fact flush with cash, so they instead stole her iPhone (and another cell phone of unknown origin).  Based on information later supplied by the woman to the police, Bond was arrested last Thursday, and she then fingered Harris and Phillip from a photographic lineup over the weekend. 

So we ask, again — what kind of mental processes must go through people’s heads to ever think that this was a good idea?  The victim saw the players’ faces during the robbery.  Bond, Harris and Phillip all live in the same apartment complex.  The entire thing is caught on videotape (including Bonds’ ridiculous attempt to act as one of the victims by lying on the floor during the robbery).  Not to encourage criminal behavior of any kind, but it is shocking that people will put their entire lives on the line with such limited forethought. 

Drexel coach Bruiser Flint commented that he’s “trying to figure this thing out,” but there doesn’t seem all that much to figure other than the fact that his top returning player (Harris), a rising senior and the anticipated centerpiece of a team looking to move into the top echelon of the CAA next season, will likely not be available to him.  Nor will he have the rising junior Phillip, a hustle guy who fit nicely into the rotation last season.  What he does know for certain is this: his two knuckleheads combined for 44 steals last year while on the playing court, but it’ll be two steals from last week on a hot, dark night in Philly that will haunt them for the rest of their lives. 

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What In The World Is Going On At Providence?

Posted by jstevrtc on July 21st, 2010

Did Keno Davis run over a nun, or something?  Is there a Boston College fan somewhere snickering  sinisterly while poking pins into a Providence College doll?

This past Saturday, Kadeem Batts, a redshirt freshman at Providence, was arrested outside a club on misdemeanor charges of disorderly conduct and failure to leave premises.  He’s still on the team, but it’s not the most confidence-inspiring start, and it’s just another in an improbable string of unfortunate events that have befallen the PC men’s basketball program in recent months.

Back in April, forward Johnnie Lacy and guard James Still, both freshmen, were charged with felony assault in the beating of a PC student.  They’re not just off the team, they’re gone, expelled from the college.  About a month later, sophomore Jamine Peterson — only the team’s leading scorer (19.6 PPG) and rebounder (10.2 RPG) — was dismissed from the squad for violating team rules (not otherwise specified) while hosting a recruit for a weekend.

And then there’s this Joseph Young situation.  In case you’re not familiar, Young is the son of former Houston Cougar and Phi Slamma Jamma member Michael Young, who’s currently the Director of Basketball Operations and Performance Enhancement at the University of Houston.  Last month, Joseph signed a letter of intent to play for Providence as a freshman in the 2010-2011 season.  He changed his mind soon after, citing his concern for an aunt to whom he’s particularly close who is awaiting a heart transplant, and an increased desire to therefore attend school close to home.  He asked Providence for a release from his LOI — and was denied.

At this point, if we were Coach Davis we'd be looking upward for random falling anvils. (AP/H.R. Abrams)

Providence didn’t do this just to be mean, though.  Check it out:  Mr. Young was quickly hired to his current position at Houston (he was also an assistant coach for a year and strength/conditioning coach for five years) after James Dickey was brought on to replace the retired Tom Penders, and Young happens to have a basketball-playing son with some skills.  You can’t blame Providence for at least raising an eyebrow in regard to the timing, here — the elder Young is hired to a new position at the hometown school right at the time the younger Young is about to embark on his college basketball career? With all that Providence has had to deal with recently, you can’t blame them for wanting to hold onto a player for whom they have high hopes, especially if they have reason to think they’re not being given the whole story about that player’s desires to leave.  Providence has stated that they expect Joseph Young to honor his commitment, a lesson it’s never too late to teach (or learn).

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Tim Abromaitis Arrested In South Bend

Posted by nvr1983 on July 17th, 2010

It turns out that there are still kids at college during the summer. Unfortunately for the athletic department at Notre Dame some of the players on the football and basketball team were arrested while attending an off-campus party late last night. According to reports out of South Bend, 44 individuals were arrested (41 for underage drinking) including 11 athletes. While the 8 Irish football players (one of whom was Nate Montana, son of Joe Montana) will garner most of the national headlines because it is Notre Dame (and they play football), there were two basketball players arrested as well (Tim Abromaitis and incoming Irish point guard Eric Atkins). Although Atkins is a talented point guard who should fit in well with Mike Brey‘s system, the bigger news is the arrest of Abromaitis, who was the team’s leading returning scorer (16.1 PPG) and is expected to take over as the team’s star with the departure of Luke Harangody. Given the nature of the crime (underage drinking), his age (turns 21 on September 17th), and the precedent that the Irish administration with Jimmy Clausen, we don’t expect Abromaitis to get much more than a small non-public slap on the wrist. Our guess is that the most Brey and the Irish administration will do is threaten not to make Abromaitis a captain next year if something similar happens again.

Not the image that Mike Brey wanted to see of his star this summer

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