Maxcey charged with solicitation, embezzlement

Updated: November 19, 2004, 7:32 PM ET
Associated Press

BOULDER, Colo. -- The attorney for the only person charged in the University of Colorado football recruiting scandal asked a judge Friday to let him review some records of the grand jury that handed down the indictment.

Nathan Maxcey, 28, is charged with soliciting a prostitute and embezzlement of public property by misusing his university-issued cell phone. Attorney Patrick Mulligan said any irregularities in the grand jury's decision to indict Maxcey could lead to the dismissal of the charges.

Maxcey has denied any wrongdoing.

After Friday's brief hearing, Mulligan said he asked the judge for access to attendance records of grand jurors and transcripts of conversations between prosecutors and grand jurors.

Because grand juries are secret, such documents are not normally provided to defense attorneys. Mulligan said the judge could review the documents before deciding whether to show them to the defense.

"Every step in the proceeding is important," he said. "There's abundant case law supporting the right of the court to dismiss charges if there are irregularities that rise to the level of due process violations."

The misdemeanor solicitation charge accuses Maxcey of paying a woman $250 for sex.

The felony embezzlement charge accuses Maxcey of accumulating $1,043 in charges on the CU cell phone in 90 calls to a dating chat line. About half the calls occurred after university officials told him the practice was unacceptable and demanded payment.

Solicitation is punishable by up to six months in jail and a fine up to $750; embezzlement by up to three years in prison and a fine up to $100,000.

Over prosecutors' objections, district judge Daniel Hale dismissed a theft charge against Maxcey on Thursday. He said there was no indication Maxcey tried to keep the phone or the money he owed for the calls.

Hale said Maxcey paid for his personal calls when asked.

Hale set a Jan. 13 hearing to discuss Mulligan's request for the grand jury documents. He said Maxcey might be asked to enter a plea then.

The grand jury investigated CU's football recruiting program this summer after three women filed federal lawsuits alleging they were raped by football recruits or players. The lawsuits are pending.

Since 1997, nine women have made similar allegations. No charges have been filed in the alleged assaults.

The grand jury, along with CU officials and an independent panel, also examined allegations that the football program used sex and alcohol to lure top recruits.

The independent panel said some players offered to arrange sex, alcohol and drugs for recruits. The panel blamed lax oversight by top university officials.

University leaders have tightened recruiting rules.

The grand jury compiled a written report, but a judge ruled it must remain secret because an indictment was issued. Attorney general Ken Salazar has asked the judge to reconsider.


Copyright 2004 by The Associated Press

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