Prosecutor's seek to revoke Jamar Smith's probation

[whitesoxfan99]

Jamar has been seen drinking on more than a few occasions down there by people I know. He is just a stupid person with a problem that obviously hasn't been treated properly. It really is pathetic that Bruce didn't kick him off the team originally, I can only hope he will FINALLY be gone now. However, Jamar is like a cat with 9 lives, so we'll see.

 

Bond was 25K btw Badger, that is why he posted 2500. It sounds like a weak case, but you don't need much when all it takes for probation violation is drinking alcohol, even with Jamar being of age.

 

You still have to show that he more likely that not was drinking. With the more recent allegation that he admitted to police that he had a couple of drinks he would be screwed. Otherwise just saying he smelled of alcohol would almost certainly not be enough to show he more likely than not was drinking.

[Soxfest]

Stupid move ............he gone!

[Texsox]

all i can say is i thought there'd be more than that for a $25K bond to be issued.

 

if they suspected smith of drinking (i don't doubt he was) why not pinch him for public intox or obstruction of justice or something?

Violating the terms of probation is pretty serious stuff.

[Texsox]

You still have to show that he more likely that not was drinking. With the more recent allegation that he admitted to police that he had a couple of drinks he would be screwed. Otherwise just saying he smelled of alcohol would almost certainly not be enough to show he more likely than not was drinking.

 

Cases are decided all the time on the testimony of witnesses and cops make excellent witnesses. A jury or judge would have to decide if, based on the testimony, he was drinking. Cop and other witnesses on one side and other witnesses and Smith on the other. The cop gets on the stand and describes what he saw, heard, and smelled, and I can easily see a conviction. Remember it was zero tolerance. They don't have to prove he was drunk, just that he had a sip.

[whitesoxfan99]

Cases are decided all the time on the testimony of witnesses and cops make excellent witnesses. A jury or judge would have to decide if, based on the testimony, he was drinking. Cop and other witnesses on one side and other witnesses and Smith on the other. The cop gets on the stand and describes what he saw, heard, and smelled, and I can easily see a conviction. Remember it was zero tolerance. They don't have to prove he was drunk, just that he had a sip.

 

It actually is unclear if zero tolerance is the condition of his probation. It appears it may be that Smith has to abuse alcohol. Not sure yet as I can't find the actual order.

 

I'm well aware that people are convicted based on testimony all the time. And after reading up on what you have to show for probation you have to show that it was more likely than not the fact Jamar was drinking rather than reasonable doubt. With that being the case it is probable a judge would decide that Jamar broke his probation. Lets remember that my earlier post assumed there was no other evidence or witnesses, so no one to corroborate that they saw Jamar actually drinking that night. However, there are some holes in the story if we ignore the fact that Jamar apparently admitted to the officer he had 3-4 beers. If I was a lawyer for Jamar I would bring up the fact that apparently the officer did not smell the alcohol till his 3rd encounter with Jamar. Or that there is no evidence he was acting in an impaired manner. That if he was with other people who were drinking beer easily could have been spilled on him. That the entire campustown area smells of alcohol. All really irrelevant at this point anyways. If he admitted to the officer he was drinking and it is zero tolerance in the probation he is screwed. If the state needs to show he abused alcohol, unless there are more facts than that he smelled of alcohol they have an extremely difficult case.

Edited July 30, 2008 by whitesoxfan99

[GoodAsGould]

Cases are decided all the time on the testimony of witnesses and cops make excellent witnesses. A jury or judge would have to decide if, based on the testimony, he was drinking. Cop and other witnesses on one side and other witnesses and Smith on the other. The cop gets on the stand and describes what he saw, heard, and smelled, and I can easily see a conviction. Remember it was zero tolerance. They don't have to prove he was drunk, just that he had a sip.

 

To be fair, the worse kind of evidence is witness evidence. So, if that is all they have in this case I can see Jamar Smith winning the case.

[whitesoxfan99]

Jamar Smith dismissed from the Illinois basketball team. http://fightingillini.cstv.com/sports/m-ba.../073108aaa.html

 

I'm fine with this decision just as I was fine with the decision to give him a second chance. Too bad he didn't take advantage of it. At some point he is going to realize what a great opportunity he wasted at Illinois. And we officially will suck until Legion is eligible. We need the guys in my sig to get to campus. Thank god the future is bright.

[IlliniKrush]

He doesn't deserve to play college basketball after what he's done, and I'm glad it's official now.

 

I also hope he gets his life back on track and doesn't get into more problems.

[whitesoxfan101]

Hopefully Bruce learned his lesson. A lot of people deserve second chances in a lot of senarios, but you can't keep a convicted felon on scholarship and on the basketball team, those are privledges. I am glad this saga is over though. This season could be rough though, however the calvary is coming soon.

[Buehrle>Wood]

What a moron. With a back-court of Legion, Smith, and McCamey, there's a good chance of a NCAA birth if not more, even with their weak frontcout. Now, not so much, especially with Meacham having to start the first month+.

Edited August 1, 2008 by Buehrle>Wood