OHIO STATE Clarett asks judge to drop lying charge
The suspended Ohio State tailback said there is no evidence that he lied.
COLUMBUS (AP) -- Maurice Clarett on Monday asked the new judge in his misdemeanor case to throw out the charge that he lied on a police report, saying there's no independent evidence the suspended Ohio State tailback inflated the value of stolen items.
Failing that, Clarett's attorneys repeated an earlier request to bar prosecutors from using Clarett's recorded statements in an independent NCAA investigation.
The case also should be dismissed because the city missed a deadline set by Franklin County Municipal Court to respond to an earlier claim asking evidence to be barred from the case, said Lloyd Pierre-Louis, one of Clarett's attorneys.
Clarett, 20, is accused of filing a campus police report that exaggerated the value of items stolen from a dealership car he borrowed in April.
Contention
His attorneys now say prosecutors can't prove the police report was false.
"No one actually knows the actual value of the items that were stolen," Pierre-Louis said. "They were never recovered."
A telephone message seeking comment was left with Stephen McIntosh, the city's lead prosecutor. McIntosh told the court last month that barring the NCAA evidence would cripple the city's case.
Clarett's attorneys argue the information should have been kept private as a federally protected "student educational record." They have separately asked the U.S. Department of Education to sanction the university for giving information from the interviews to campus police, who passed it on to prosecutors.
Last week, Franklin County Municipal Judge Steven B. Hayes, son of former Ohio State football coach Woody Hayes, removed himself from the case. He has declined to say why. The case was reassigned to Judge Mark S. Froehlich.