Charges Dropped! My NC State Boys Are Free!

Thank goodness for the letter of the law. Thank goodness for an off-duty Raleigh police officer who didn’t follow proper procedure in searching a residence of football players—NC State football players at that—and discovering marijuana and drug paraphernalia. Thank goodness for defense lawyers who asked a judge to toss out—or suppress—the evidence in the case against three of four football players with charges related to the find because proper legal procedures were not followed in the “bust,” which was by accident anyway. And, thank goodness for the judge, Keith Gregory, a graduate of the North Carolina Central University law school, who had the insight and courage to grant the motion to suppress to the defense lawyers.

Speaking about Judge Gregory, James Jackson, the lawyer representing Wolfpack defensive player J.R. Sweezy, is quoted in today’s The News & Observer: “Fortunately for us, we are a nation of laws, and it takes a highly courageous judge to follow those laws, especially when there's a case that has such high-profile status.” Once the evidence was hidden by the court, the charges were dropped. Justice speaks! My boys are free!

Now, thank goodness even more, that three of the marijuana four—Sweezy, Jake Vermiglio and Markus Kuhn—are liberated, that the charges are dropped, and the players return to fulltime status with Tom O’Brien’s—and my for goodness sake—NC State football team. The charges in total for the three were, but now gone, possession of marijuana and drug paraphernalia and maintaining a dwelling for the use of a controlled substance. Another player, George Bryan, an all-Atlantic Coast Conference tight end, continues to face the charge about maintaining a dwelling and has a scheduled court date of Sept 3, the day before the Wolfpack opens the 2010 campaign against Western Carolina, Saturday, September 4. Kickoff set for 6 pm; tickets available, for sure, so call 919-865-1510; can be seen on ESPN3 unless you’re internet access is with Time Warner Cable.

The details of the incident have been much publicized so there is no need to rehash the particulars. I wrote about this situation April 27 (look it up and read it again if you wish) and at the time called for strong and swift action against the four by O’Brien. I even said the four could be found not-guilty, though it never crossed my mind that the charges could be dropped, but that the reputation of NC State and of O’Brien’s program had been tarnished because of the charges and arrests. I feel the same now and that public flogging would be a better solution than to say it was handled internally, if indeed it has been.

Just because the charges were dropped doesn’t mean those three didn’t have possession of marijuana or the paraphernalia, etc. It means the letter of the law wasn’t followed in conducting the search. Because O’Brien has not publically revealed what measures of punishment have been taken, we can only trust that some meaningful action has been transacted. Maybe there’s some Public Records Request that covers that. But, this is another chapter in college athletics that slaps black eye on the NC State program despite the growing idea that legalizing marijuana is the way to go. Even if it was, would O’Brien and other coaches allow their players to partake?

For the most part, it seems it is O’Brien’s method to keep disciplinary actions private, but such a method always makes one wonder. With the exception of Sweezy who was suspended from some of spring practice (wow!) because of a legal situation in Mooresville, O’Brien’s disciplinary actions have been private. Personally, I think it is best to be public with the actions even if legal action is pending. I trust that just because the charges were dropped, O’Brien hasn’t dropped disciplinary action. I trust that if he confronted the four and held a truth section, each would admit to him their obvious guilt.

That aside, thank goodness again for the legal system which has now done justice thus far, at least for three, and has kept O’Brien from suspending the players from actual playing time, we think but we do not know because O’Brien isn’t talking except to tell the media Monday that all the players will be with the team when it starts pre-season practice. Now, with much of the legal stuff out of the way and with the players, all who could have a positive impact on the team and its results this season, there are fewer places to lay blame if the Wolfpack has another losing season.

And, that’s good because I want O’Brien and the Wolfpack to have all available personnel. I want the team to succeed come hell or high water. That’s because I am a Wolfpack fan first, and always want the legal system to get our boys and girls out of the legal system as quickly and as quietly as possible. Thank goodness to all those involved in this case. Or should I be reminded of that famous John Selden quote about ignorance of the law excuses no man? Not the football players, not the coaches, not the off-duty police officer, not the judge. Oh well, life moves on.

Strong, Swift Action by O'Brien a Must

To his credit, one—and maybe the only—rule Duke basketball coach Mike Krzyzewski has for his players is to do nothing that discredits Duke University. As narrow as that decree may seem, it’s very broad in scope, though I do not know the penalty Coach K applies for such transgression or if he has ever had to enforce it.

Food for thought: If, a few years ago, the Duke lacrosse team had been given the same diktat, there may have never been a party with an exotic dancer. Though participants of that party were found not guilty of charges related to that party, the ensuing publicity did as much to damage the reputation of the (Ivy League) Durham school as the recent national basketball title did to boost it.

The late, great NC State basketball coach Jim Valvano used to say he had no rules for his teams because, if he did, surely one of the demands of the way he wanted his players to act would be broken and then there would be circumstances and penalties to face. That’s an extreme way to approach team discipline.

When Wolfpack guard Morris Rivers, in December of 1973, was arrested and charged with stealing a 35-cents tin of aspirin, he was made to sit out one game on the schedule, but it wasn’t for his arrest and the bad publicity that followed. A few days earlier, at the suggestion of the other guard, Monte Towe, on that NCAA National championship team, coach Norman Sloan had installed a curfew rule because Monte though the team needed something to keep the team on edge. Rivers sat out a game because he broke curfew. That’s enforcing the applicable rule.

I have no idea of regulations NC State football coach Tom O’Brien has for his players, but it’s time to use quick and effective enforcement. Yesterday, four Wolfpack football players were charged with misdemeanor violations of either possession of drug paraphernalia, simple possession of marijuana, and/or maintaining a dwelling for the purpose of using a controlled substance.

Each could be found not guilty, but the reputation of NC State has been damaged. Not just locally either. This story is nationwide as is any similar story of this nature coming from any college. Do not blame the news media for this coverage. Blame the students. As football players, or as any college athlete, they live in a glass house with all the world watching. They get extreme amounts of publicity for playing in front of 60,000 people each Saturday. They should expect to see their names splashed in the newspapers when they are also a part of the police blotter.

O’Brien, though a school spokesman, released this statement: “I have been made aware of the situation and appropriate action will be taken.” The players are:

Tight end George Bryan, who as a sophomore last season made first-team all-Atlantic Coast Conference based on his 40 pass receptions, 422 yards gained and six touchdowns, was charged with maintaining a dwelling for the purpose of using a controlled substance.

Senior offensive tackle Jake Vermiglio, who the school is pushing as an all-star player for next season, was charged with possession of drug paraphernalia, simple possession of marijuana and maintaining a dwelling for the purpose of using a controlled substance.

And, also charged with possession of drug paraphernalia, simple possession of marijuana and maintaining a dwelling for the purpose of using a controlled substance were defensive linemen Markus Kuhn and JR Sweezy, both expected to figure prominently into the Wolfpack’s defense this fall. Sweezy is already on the outs with O’Brien after being suspended from the team earlier this spring after being charged with misdemeanor assault and misdemeanor larceny in mid-March.

A legal search with warrant resulted in the seizure of three plastic bags with about six grams of marijuana, two homemade bongs, and other incriminating items including a box of ephedrine sulfate injection capsules. There will be no charges on the capsules but, since ephedrine is a NCAA banned substance, this may open an entirely new can of worms. Sanctions by the NCAA could be worse than results of the misdemeanor charges of yesterday.

If you’ve been around college athletics in general, you’ve seen this situation many times. The charges and the circumstances may be different but the damage to the reputation of the school is the same, no matter the severity of the supposed crime. As a keen follower of NC State athletics, I’ve seen this played out—unfortunately—many times before. And, I’ve seen worse than what happened yesterday without penalty, and I’ve seen lighter misbehavior result in harsher penalty than what I expect this time.

I hope, not based on a guilty or not guilty verdict, “appropriate action” by O'Brien will be swift and send a message to those four and the rest of the team that this behavior will not to be tolerated. Found guilty or not, maybe all four need to be suspended indefinitely from the team. Maybe Sweezy’s suspension needs to be permanent.

And, please don’t say anything about suspending these players or any players, especially those being counted on as team leaders, as penalizing those who stay on the straight and narrow. Those four—part of a team—knew what they were doing, and didn’t have to do it. Maybe it’s common occurrence with teammates but these four got caught. Maybe O’Brien is not tough enough on his players.

Again, I have no idea of rules set forth by O’Brien, but I hope at the very least he has one that’s along the lines of Krzyzewski about not embarrassing or discrediting the University. Perception of wrong-doing usually is worse than the wrong-doing. And, NC State needs nothing to project that perception. Strong swift action, guilty or not, on these four will help to diminish but not completely erase the bad perception.