Trial Date Set For Abreu

[Blue & Gold]

Ohio.com

From the article:

The package was delivered to a home on East Dartmore Avenue, which was the residence police listed for Durgala, and it was not addressed to Abreu.

“That’s true. It was not,” Meeker said. “It was mailed to the residence where the other person was arrested, Alex was not there at the time and it was not sent to him.”

So... now Abreu wasn't even at the house at the time of the delivery? I thought all previous indications were that he had actually signed for the package?

[akronzips71]

Ohio.com

From the article:

The package was delivered to a home on East Dartmore Avenue, which was the residence police listed for Durgala, and it was not addressed to Abreu.

“That’s true. It was not,” Meeker said. “It was mailed to the residence where the other person was arrested, Alex was not there at the time and it was not sent to him.”

So... now Abreu wasn't even at the house at the time of the delivery? I thought all previous indications were that he had actually signed for the package?

The package was delivered to a home on East Dartmore Avenue, which was the residence police listed for Durgala, and it was not addressed to Abreu.

“That’s true. It was not,” Meeker said. “It was mailed to the residence where the other person was arrested, Alex was not there at the time and it was not sent to him.”

Meeker declined to comment about whose name was on the package, citing what he described as some “open areas” of police and prosecution evidence that still need to be examined before trial.

Of course, this is what his lawyer says, so take it with a grain of salt.

However, the implication is that the other guy gave him up.

Note that the other guy's lawyer asked for a separate trial. That usually means that they made statements against each other.

IF AA was not there, and the package was not addressed to him, it may be a tough sell to a jury.

[Dave in Green]

Initial reports are almost always full of gaps, misinterpretations and outright errors. We still don't have the whole story on exactly what went down. More facts will come out during the trial.

[LZIp]

Initial reports are almost always full of gaps, misinterpretations and outright errors. We still don't have the whole story on exactly what went down. More facts will come out during the trial.

This. They obviously have something other than word of mouth if they arrested him when he wasnt even there.

[akronzips71]

This. They obviously have something other than word of mouth if they arrested him when he wasnt even there.

It is not so obvious.

[LZIp]

It is not so obvious.

To me it is. People dont get charged with trafficking drugs with just word of mouth.

[akronzips71]

To me it is. People dont get charged with trafficking drugs with just word of mouth.

And you know that how?

Are you a DEA Agent or a Prosecutor?

The Police made an arrest. The circumstances are unclear.

They have charged him with possessing something that he may have never possessed.

Yes, they could have been Acting in Concert. That looks like the basis of the charges.

But, you need to put evidence beyond a reasonable doubt in front of a jury at trial.

They may or may not be able to do so.

[legendofzippy]

Anyone with legal experience have thoughts on the June 24th trial date? Are there typically delays with this sort of thing, or will this actually be wrapped up - one way or the other - this summer? Even if he's not on the team anymore, it's a distraction I'd like to see gone before the season starts.

[akronzips71]

Anyone with legal experience have thoughts on the June 24th trial date? Are there typically delays with this sort of thing, or will this actually be wrapped up - one way or the other - this summer? Even if he's not on the team anymore, it's a distraction I'd like to see gone before the season starts.

There is no way to know.

The lawyers and witness have to be available, and things happen.

It does not say it is a firm trial date.

In New York, once all the preliminary hearings are over, the case is set down for trial. Each adjournment will be for "trial", because that is the status of the case.

But I don't know how they proceed in Ohio.

[GP1]

Anyone with legal experience have thoughts on the June 24th trial date? Are there typically delays with this sort of thing, or will this actually be wrapped up - one way or the other - this summer? Even if he's not on the team anymore, it's a distraction I'd like to see gone before the season starts.

If AA goes to trial (which he won't) in June and it doesn't end until November, the trial will last longer than the OJ trial.

[akronzips71]

If AA goes to trial (which he won't) in June and it doesn't end until November, the trial will last longer than the OJ trial.

The jury selection will probably be the longest part of the trial.

And that might actually be a problem, since he is a local sports hero.

But I suspect that actual testimony will not take more than two or three days.

The cops or agents who discovered the package and made the delivery and the ARRESTS.

The lab tech to certify the drugs are real.

Whatever else they have on him if indeed he was not present for the delivery.

Possibly an expert witness on drug transportation.

That's likely about it. Only a few days.

[GP1]

The jury selection will probably be the longest part of the trial.

And that might actually be a problem, since he is a local sports hero.

Good points. However, I don't see this going to trial. AA has one of, if not the best defender in NE Ohio. The DA might issue a good deal for AA just so he doesn't have to face his lawyer in court and possibly lose. All this guy has to do is get a plea with no jail time and AA should take it. Going to trial might result in an acquittal, but if he loses, he could be looking at jail time. AA needs to stay out of prison, finish college and move back to PR and live a normal life.

[akronzips71]

Good points. However, I don't see this going to trial. AA has one of, if not the best defender in NE Ohio. The DA might issue a good deal for AA just so he doesn't have to face his lawyer in court and possibly lose. All this guy has to do is get a plea with no jail time and AA should take it. Going to trial might result in an acquittal, but if he loses, he could be looking at jail time. AA needs to stay out of prison, finish college and move back to PR and live a normal life.

There is another angle here.

There is a co defendant. Based on what was published, they may have already made statements implicating each other.

The prosecutor may well decide which one it wants to "get" more, and make a deal with the other. Happens every day.

If that is the case, AA may be in a poor position because giving him the deal might imply favoritism to a local athlete.

[jupitertoo]

And you know that how?

Are you a DEA Agent or a Prosecutor?

The Police made an arrest. The circumstances are unclear.

They have charged him with possessing something that he may have never possessed.

Yes, they could have been Acting in Concert. That looks like the basis of the charges.

But, you need to put evidence beyond a reasonable doubt in front of a jury at trial.

They may or may not be able to do so.

If you've followed KD's reactions to this mess, he has shown no sign of optimism that AA will avoid serious punishment. I assume he knows more re guilt vs. innocence in this case than we do.

[GP1]

There is another angle here.

There is a co defendant. Based on what was published, they may have already made statements implicating each other.

The prosecutor may well decide which one it wants to "get" more, and make a deal with the other. Happens every day.

If that is the case, AA may be in a poor position because giving him the deal might imply favoritism to a local athlete.

From all I can tell, we are not dealing with hardened criminals here. We are talking about a couple of guys who may or may not have been selling some weed...a substance some states now have legalized. I would be surprised if either of them saw much, if any, jail time.

The angle of the local sports celebrity doesn't do much for me. UofA has a nice following, but AA doesn't have the star power to make him much worth going after. There is no real political value in him. Basically, he was a solid, but chubby, point guard on a MAC team.

My guess is the DA would want this to go away with some headlines, but not overplaying his/her hand. A deal for both will be worked out before June and they will both soon be forgotten.

[tbozeglav]

If you've followed KD's reactions to this mess, he has shown no sign of optimism that AA will avoid serious punishment. I assume he knows more re guilt vs. innocence in this case than we do.

or hes just erring on the side of caution and not saying anything to get himself involved in the fray of the matter. If I was in his position, I'd be expecting the worst (and keeping a public opinion as such), but hoping for the best. Plus, it looks better for both him and the University in the long run if Abreu gets convicted and he had maintained the opinion that "was no sign Abreu will avoid serious punishment". Backtracking on previous opinions that were more "optimistic" than the real outcome are harder to deal with than backtracking on opinions that expected worse to happen.

[jupitertoo]

or hes just erring on the side of caution and not saying anything to get himself involved in the fray of the matter. If I was in his position, I'd be expecting the worst (and keeping a public opinion as such), but hoping for the best. Plus, it looks better for both him and the University in the long run if Abreu gets convicted and he had maintained the opinion that "was no sign Abreu will avoid serious punishment". Backtracking on previous opinions that were more "optimistic" than the real outcome are harder to deal with than backtracking on opinions that expected worse to happen.

Very true, but KD hasn't even used the standard "We'll leave this up to the legal system" line. He's been very dour about the whole thing, with statements like "One of our brothers has slipped up and he really needs us now." There has been zero optimism in his public comments.

[you am i]

The package was delivered to a home on East Dartmore Avenue, which was the residence police listed for Durgala, and it was not addressed to Abreu.

“That’s true. It was not,” Meeker said. “It was mailed to the residence where the other person was arrested, Alex was not there at the time and it was not sent to him.”

Meeker declined to comment about whose name was on the package, citing what he described as some “open areas” of police and prosecution evidence that still need to be examined before trial.

Of course, this is what his lawyer says, so take it with a grain of salt.

However, the implication is that the other guy gave him up.

Note that the other guy's lawyer asked for a separate trial. That usually means that they made statements against each other.

IF AA was not there, and the package was not addressed to him, it may be a tough sell to a jury.

My experience has been that it's usually the prosecutor who asks for separate trials where the co-defendants have made statements against each other. If you're an attorney, you probably know this as a Bruton problem. When a co-defendant's attorney asks for separate trials, as in this case, it's usually because that attorney feels that his case is stronger than the other guy's case and he does not want the other guy's case to drag him down. I have no inside information, that's just how this stuff has played out in my experience.

Meeker's statements really have me puzzled. If AA was not there, it was not his home, and the package was not addressed to him, there has to be some pretty compelling reason to charge him that we don't know about. The prosecutor is not going to take someone else's word for it. It's very strange.

[Dave in Green]

Coach Dambrot would be dour even if he believed that Abreu would be found not guilty of any crime for the simple reason that Abreu's teammates, his coaches, UA and Zips fans have already suffered their punishment. Even if Abreu is found totally innocent and clears his name, the position he put himself in crushed the Zips' post-season hopes. No matter what happens now, that can never be reversed. Just thinking about it makes me feel dour.

[pat]

Coach Dambrot would be dour even if he believed that Abreu would be found not guilty of any crime for the simple reason that Abreu's teammates, his coaches, UA and Zips fans have already suffered their punishment. Even if Abreu is found totally innocent and clears his name, the position he put himself in crushed the Zips' post-season hopes. No matter what happens now, that can never be reversed. Just thinking about it makes me feel dour.

Let's say he is found not guilty in the criminal courts. There is still the internal university hearing that can find him responsible and exact punishment on him which can include anything from suspension from the U and not just athletics to an expulsion from UA entirely. It is no longer an athletic issue from here on out.

[akronzips71]

If you've followed KD's reactions to this mess, he has shown no sign of optimism that AA will avoid serious punishment. I assume he knows more re guilt vs. innocence in this case than we do.

I would not assume that for one second. AA does not enjoy any privilege with KD. KD called be called to repeat anything he told him. Lawyer told him at time of arrest SAY NOTHING TO ANYONE.

[akronzips71]

My experience has been that it's usually the prosecutor who asks for separate trials where the co-defendants have made statements against each other. If you're an attorney, you probably know this as a Bruton problem. When a co-defendant's attorney asks for separate trials, as in this case, it's usually because that attorney feels that his case is stronger than the other guy's case and he does not want the other guy's case to drag him down. I have no inside information, that's just how this stuff has played out in my experience.

Meeker's statements really have me puzzled. If AA was not there, it was not his home, and the package was not addressed to him, there has to be some pretty compelling reason to charge him that we don't know about. The prosecutor is not going to take someone else's word for it. It's very strange.

For the benefit of those who do not have your experience the problem is:

If one defendant (the other guy lets say) made a statement implicating AA and himself, the prosecutor will want to use that statement against bad guy #1 at trial. However, the jury for AA can NOT be allowed to hear that statement, because AA has a Constitutional Right to challenge that statement, BG #1 has a right to remain silent at trial and can NOT be called as a witness except by himself, and you can not cross examine a piece of paper.

So normally, if a prosecutor wants to use statements against the defendant who made them, and they reference the OTHER defendant, you need two trials, or two separate juries, and at appropriate times one jury is excluded from the proceedings.

Since it is stated that the Defense Attorney is asking for a severance. my guess is that he sees a conflict of interest where the lawyer for the co-defendant will ask questions/present evidence in such a way that it will prejudice AA.

But he may not get the severance, because that is the reason that each accused gets a separate lawyer.

Of course, this is all speculation. NOT legal advice. Just speculation.

[LZIp]

Meeker's statements really have me puzzled. If AA was not there, it was not his home, and the package was not addressed to him, there has to be some pretty compelling reason to charge him that we don't know about. The prosecutor is not going to take someone else's word for it. It's very strange.

Exactly what I was saying.

[Dr Z]

Another Area Athlete Has a Postal Issue

Drug agents are investigating a narcotics delivery to the home of Cleveland Indians closer Chris Perez, authorities said Wednesday. Rocky River Police Chief Kelly Stillman said city officers, a regional narcotics unit and postal inspectors were involved in Tuesday's operation to investigate a delivery to the Perez home in the lakeside Cleveland suburb

[ZachTheZip]

This guy got a box of the stuff in the mail and immediately called the police.

Remember what I said about people mailing it to random houses to see if it's being tracked, and if it's clear they'll come ask for it later?