COLUMBUS Clarett's statements are ruled 'voluntary'
He's argued that he was forced to provide information to the NCAA.
COLUMBUS (AP) -- Maurice Clarett's statements to an NCAA investigator, which led to a misdemeanor charge against the suspended Ohio State running back, were voluntary and should not be suppressed, a prosecutor says in court documents.
Clarett attorneys have asked a Franklin County Municipal judge to dismiss the charge. Clarett is accused of filing a campus police report that exaggerated the value of items stolen from a dealership car he borrowed in April.
During an NCAA investigation of Clarett, he provided information that potentially involved criminal behavior, according to a motion filed Thursday by Stephen McIntosh, the city's lead prosecutor.
Clarett has argued he was forced to provide information to the NCAA, violating his rights not to incriminate himself.
In the motion, McIntosh said Clarett was under no obligation to talk about the case.
Interview environment
"In this particular case, the interview occurred in an office on the OSU campus. The environment was not hostile or coercive," the motion said. "The defendant had the benefit of counsel during the interview. Throughout the questioning, the defendant could have left at anytime. The defendant was not even considered a suspect for criminal activity at the time of the interview."
Clarett attorney Percy Squire said his client did not have a choice about speaking to investigators.
"He was under an obligation to talk," Squire said. "And whether he was under an obligation or not, the product of the investigation was still a student disciplinary record."
McIntosh said the disclosure of the information came from the NCAA and not Ohio State, so the federal rules do not apply.
Clarett has pleaded innocent to the falsification charge, which carries a penalty ranging from probation to six months in jail and up to a $1,000 fine.
Clarett was suspended for his sophomore season for NCAA violations of accepting money from a family friend and lying about it to investigators.
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