Saturday, May 17, 2008

BC Football Player Admits to Facts for Indecent Assault and Battery; Case Continued for Two Years

Boston College football player Brady Smith Wednesday admitted to sufficient facts in the charges of indecent assault and battery following an incident on April 19, 2008 when he allegedly broke into a woman's on-campus dorm room and "put his hand down her pants." Brighton Municipal Court Judge James Coffey ordered the case continued for two years rather than immediately send the case to trial -- meaning that, if Smith keeps his hands clean, he will not see any jail time.

Smith is one of four members of last season's BC football team to face criminal charges of assault and battery. The other three players' cases are pending.

Smith had originally been arrested by BC police, and subsequently arraigned, on rape and breaking and entering charges, to which he pleaded not guilty at the time of his arraignment. The Suffolk County District Attorney's office recommended the case be continued on the lesser charges of indecent assault and battery based on the evidence and the desire of the victim, who plans to complete her studies in the near future, to "resolve the case before she graduates," according to the Allston-Brighton TAB.

Smith's admission of sufficient facts in the case means that he would "likely be found guilty should [the case] go to trial," according to Jake Wark, press secretary for the DA's office. Smith's admission does not represent a change in his plea in the case.

The conditions imposed by the judge for the continuation of the case include a recommendation to the Department of Probation that Smith attend Alcoholics Anonymous meetings and regularly submit to urine testing both for alcohol and illicit drugs. Should Smith violate the terms of the continuance within the next two years -- such as re-offending -- then the judge could order the case be sent to trial.

Should Smith keep to the terms of the continuance, however, the charges would likely be dismissed after two years. Wark noted that the admission of sufficient facts and the continuance would stay on Smith's record after that time; sealing an adult's record could be requested by defense counsel, but would be unusual for an adult defendant.

After Smith's arraignment in April, BC suspended him from classes and he was permanently dismissed from the football team.

Two other BC football players, Gosder Cherilus and DeJuan Tribble, have their next court date on June 11th in the Central Division of the Boston Municipal Court. They were charged with assault and battery after an incident at The Greatest Bar in July 2007. Running back A. J. Brooks was scheduled to go to trial this month on assault and battery charges stemming from a November 2007 incident on-campus. Like Smith, Brooks was kicked off the team and suspended indefinitely from the school; Cherilus and Tribble, however, continued to play last season and both were drafted by the NFL last month to play Detroit and San Diego, respectively.

Image of gavel by vitualis provided through a Creative Commons license.

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