Judge will decide on NCAA discoveries

Updated: October 20, 2003, 5:42 PM ET
Associated Press

COLUMBUS, Ohio -- Maurice Clarett's preliminary hearing on allegations he lied on a theft report was postponed Monday so a judge could decide whether to bar information from a separate NCAA probe of the suspended Ohio State running back.

The misdemeanor falsification charge probably will be dropped if the judge doesn't allow the evidence from the NCAA investigation, prosecutors said.

"If the evidence is suppressed, it would be difficult for us to proceed," prosecutor Stephen McIntosh said. He added that there were other legal options but wouldn't elaborate.

Clarett is accused of filing a campus police report that exaggerated the value of items stolen from a car he borrowed in April.

Judge Steven Hayes will decide by a hearing scheduled for Dec. 17 whether to grant the defense request.

Neither Clarett nor his attorney, Percy Squire, spoke in court Monday and they would not answer reporters' questions afterward.

According to the defense' request to suppress the NCAA information, Clarett was asked about the theft during an interview with the university and NCAA investigators. University officials gave that information to campus police who passed it on to prosecutors.

Ohio State lawyers have said the information was not a "student disciplinary record" so Clarett's privacy rights were not violated, according to court documents.

Clarett was suspended for his sophomore season for NCAA violations of accepting money from a family friend and lying about it to investigators.


Copyright 2003 by The Associated Press