They charged his with 3rd degree assault, a class A misdemeanor. His lawyer presented evidence not initially available and negotiated it from a possible year in jail to 6 months' probation. "There was a strong likelihood that he was not guilty of anything and was factually innocent."
He's had experiences with the University's judicial board in the past and regarded them as "a 'star chamber' where the accused finds himself like the hero of a Kafka novel. On what planet are these people living? They exist in their own universe. This is a Jersey kid. That's not the way life is. ...I'm the professional. They are not."
"The other kid was not charged because this was a college fight. On my scale of notoriety, it's at the bottom. A first-year law student could drive a truckload of reasonable doubt through a jury in 30 seconds. Criminal justice can't handle this type of case, with one guy picked out to prosecute. A few years ago we had a complaint about four basketball players that was completely non-prosecutable. The young lady took it to an SU Professor who through he knew more about it than me. We had to submit it to a grand jury."
"It's ridiculous that the attorney is not allowed to participate and that the accused is responsible for making sure the victim is in court when he had an order of protection, (part of the probation), preventing any contact."
"Nobody wins a bar fight...This isn't even a crime. It's an unprovable allegation...This kid works with local kids. I have an understanding with Coach Babers: "Is this a kid worth saving or is her bad for the program who should be prosecuted?"
He cited a report by Judge John Centra, (sp?) for a few years back saying that "there should be some balance of due process, which you can't have with no live witnesses and the attorney can't ask questions. It's about fairness. You're kicking away this kid's education and his career. For what? For What?"
That understanding with Coach Babers is a bit concerning. Should his evaluation of the value of the player (on or off the field) be a factor in whether he gets prosecuted for a crime? Other than that, Fitz hit it out of the park.