Just one writer's opinion on the Cook situation. Corey Clark from the Tallahassee Democrat...
If it’s determined that Dalvin Cook did, in fact, punch a young woman outside a Tallahassee bar last month then the star running back is not playing football again for Florida State. And he shouldn’t. We all get that.
What’s a little murkier though is what happens if it’s not proven that Cook punched her and he doesn’t get convicted of the crime. Will he be able to play football for FSU this year?
That’s a secondary concern, of course, with an allegation so disturbing. But it’s still one plenty of FSU fans are wondering about.
So here’s the answer: Eh. Maybe.
Cook says he didn’t do it. His Miami-based attorney, Ricky Patel, told ESPN his client will plead not guilty to the charges and will go to trial if he has to.
With that in mind I decided to talk to local criminal attorney Tim Jansen on Tuesday about the timetable of a case like this.
“He was arrested on July 11, 2015,” said Jansen, who also became an NFL agent last fall. “That speedy (trial) clock runs 90 days for misdemeanors from that day. Which would be Oct. 9, 2015. So even if he walked in and said I want a trial it can’t be before Oct. 9, 2015. Unless the parties agree (to a quicker trial).”
And what are the chances state attorney Willie Meggs would agree to something like that?
“I wouldn’t think that Mr. Meggs would try it any sooner than he’s ready to try it,” Jansen said. “Especially if he’s still investigating, still trying to get witnesses or still trying to get some video from other witnesses out there — he does all the time. There are witnesses out there that may have seen it that may not have come forward yet.
“So he’ll have his investigators out there seeing if there are other witnesses.”
Jansen said Cook is set to appear in court on Sept. 2.
“His lawyer filed a notice of appearance,” Jansen said. “That will be 53 days from his arrest. Normally with misdemeanors the judges’ calendars go in five-week cycles. Judge (Augustus) Aikens is a little different. That’s who he got, Judge Aikens. His next court date is Sept 2. If he goes in and says, ‘Judge I’m not waiving. I want to go to trial.’ The next court date is Oct. 7, 2015, which we call a pretrial. That would be the 88th day since his arrest.
“Then Oct. 9 would be the 90th day, that Friday, and that would be the jury selection. So that would comply with the 90-day rule and that would mean the soonest he could go to trial would be that following Monday.”
So yeah, we likely have a long way to go with this case.
Remember, Cook is suspended indefinitely by the university. And I can’t envision a scenario where that suspension is lifted before this case is resolved. That just seems like an impossibility.
You can’t have your star running back in the middle of a situation like this — preparing for a trial where he stands accused of battering a young woman — wearing your uniform on Saturdays and scoring touchdowns for your football team.
Just so we’re clear: The difference between this case and Jameis Winston’s case, obviously, is that Winston was never charged by the state attorney with a crime. Cook has been.
Now there’s a possibility, like with most misdemeanors, that Cook could take a plea deal at his next court date. Just to resolve the case quickly.
But that won’t help him get on the field either. Because this wasn’t a stolen scooter or some BB gun crime. This is a much more serious offense, and if Cook were to plead guilty or ‘no contest’ to anything, well, Florida State would have to let him go. That’s just the reality of the situation.
So that doesn’t seem like a legitimate possibility either.
So unless Meggs decides to drop the charges – and that ain’t happening – this matter likely won’t be resolved until the middle of October at the earliest.
If Cook is found guilty, well, he’s done here.
If he’s found not guilty, the question becomes will he play in 2015? There is always the possibility of redshirting him, but what would be the point? Unless he suddenly decides to not be a great football player, Cook is going pro after the 2016 season anyway. So maybe FSU decides to play him for the final few games of this season?
Or, perhaps, he never wears the garnet and gold again.
We’ll all find out. Eventually.
http://www.tallahassee.com/story/sp...-matter-case-turns-cook-likely-miss/30157775/
If it’s determined that Dalvin Cook did, in fact, punch a young woman outside a Tallahassee bar last month then the star running back is not playing football again for Florida State. And he shouldn’t. We all get that.
What’s a little murkier though is what happens if it’s not proven that Cook punched her and he doesn’t get convicted of the crime. Will he be able to play football for FSU this year?
That’s a secondary concern, of course, with an allegation so disturbing. But it’s still one plenty of FSU fans are wondering about.
So here’s the answer: Eh. Maybe.
Cook says he didn’t do it. His Miami-based attorney, Ricky Patel, told ESPN his client will plead not guilty to the charges and will go to trial if he has to.
With that in mind I decided to talk to local criminal attorney Tim Jansen on Tuesday about the timetable of a case like this.
“He was arrested on July 11, 2015,” said Jansen, who also became an NFL agent last fall. “That speedy (trial) clock runs 90 days for misdemeanors from that day. Which would be Oct. 9, 2015. So even if he walked in and said I want a trial it can’t be before Oct. 9, 2015. Unless the parties agree (to a quicker trial).”
And what are the chances state attorney Willie Meggs would agree to something like that?
“I wouldn’t think that Mr. Meggs would try it any sooner than he’s ready to try it,” Jansen said. “Especially if he’s still investigating, still trying to get witnesses or still trying to get some video from other witnesses out there — he does all the time. There are witnesses out there that may have seen it that may not have come forward yet.
“So he’ll have his investigators out there seeing if there are other witnesses.”
Jansen said Cook is set to appear in court on Sept. 2.
“His lawyer filed a notice of appearance,” Jansen said. “That will be 53 days from his arrest. Normally with misdemeanors the judges’ calendars go in five-week cycles. Judge (Augustus) Aikens is a little different. That’s who he got, Judge Aikens. His next court date is Sept 2. If he goes in and says, ‘Judge I’m not waiving. I want to go to trial.’ The next court date is Oct. 7, 2015, which we call a pretrial. That would be the 88th day since his arrest.
“Then Oct. 9 would be the 90th day, that Friday, and that would be the jury selection. So that would comply with the 90-day rule and that would mean the soonest he could go to trial would be that following Monday.”
So yeah, we likely have a long way to go with this case.
Remember, Cook is suspended indefinitely by the university. And I can’t envision a scenario where that suspension is lifted before this case is resolved. That just seems like an impossibility.
You can’t have your star running back in the middle of a situation like this — preparing for a trial where he stands accused of battering a young woman — wearing your uniform on Saturdays and scoring touchdowns for your football team.
Just so we’re clear: The difference between this case and Jameis Winston’s case, obviously, is that Winston was never charged by the state attorney with a crime. Cook has been.
Now there’s a possibility, like with most misdemeanors, that Cook could take a plea deal at his next court date. Just to resolve the case quickly.
But that won’t help him get on the field either. Because this wasn’t a stolen scooter or some BB gun crime. This is a much more serious offense, and if Cook were to plead guilty or ‘no contest’ to anything, well, Florida State would have to let him go. That’s just the reality of the situation.
So that doesn’t seem like a legitimate possibility either.
So unless Meggs decides to drop the charges – and that ain’t happening – this matter likely won’t be resolved until the middle of October at the earliest.
If Cook is found guilty, well, he’s done here.
If he’s found not guilty, the question becomes will he play in 2015? There is always the possibility of redshirting him, but what would be the point? Unless he suddenly decides to not be a great football player, Cook is going pro after the 2016 season anyway. So maybe FSU decides to play him for the final few games of this season?
Or, perhaps, he never wears the garnet and gold again.
We’ll all find out. Eventually.
http://www.tallahassee.com/story/sp...-matter-case-turns-cook-likely-miss/30157775/
