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Archive for Wednesday, February 29, 2012

Attorney for KU’s McLemore suggests entrapment defense in minor in possession of alcohol citation

February 29, 2012

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An attorney for a Kansas University basketball player who is fighting a minor in possession of alcohol citation has mentioned an entrapment defense.

Ben McLemore, 19, faces a misdemeanor charge after he received a ticket Nov. 4 from a state Alcoholic Beverage Control officer. The officer alleged McLemore was found with a Red Bull and vodka at Abe and Jake’s Landing, 8 E. Sixth St.

Lawrence attorney Al Lopes filed the Feb. 17 motion asking District Judge Peggy Kittel to order prosecutors to disclose to the defense the identities of ABC officers and “decoys” and other information about the alleged events or to dismiss the case.

“The identity of all ABC agents and decoys is material to his defense of entrapment,” Lopes wrote.

Lopes gave this version of events in the motion:

l McLemore went to Abe and Jake’s that night but presented proper identification and wore a bracelet identifying him as underage and not eligible to purchase alcohol. He stayed away from the bar.

l While he talked with friends, “an unknown” female approached and offered to buy a drink. McLemore did not know her but accepted her offer. She purchased it with her own money, and he never went to the bar with her.

l When she returned she handed him the drink and left. He never saw her again.

l McLemore then was about to dispose of the drink “because he wore the bracelet and knew he was not supposed to drink,” but an ABC officer apprehended him.

“The only purpose of the ABC agents’ action was to catch a minor in possession just to institute a criminal prosecution,” Lopes wrote, adding the identity of the names of all ABC agents and their decoys will allow the defense to subpoena individuals as witnesses.

“We have responded to Mr. Lopes’ entire (earlier) discovery request from Jan. 13,” Douglas County District Attorney Charles Branson said. “We have no information in our records to suggest the facts of the event as recited by the motion are credible.”

McLemore, a freshman from St. Louis, is ineligible to play in games this season because the NCAA declared him a partial academic qualifier.

A hearing in the case is scheduled for Friday.

Comments

Jeremy 2 years, 1 month ago

Tickets? Is that all you can come up with? Al Lopes is a former KU basketball player and member of the K club. He has his own tickets. Give it a rest!

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purplesage 2 years, 1 month ago

Sounds like he made 2 mistakes. The first one was going to the landing. The 2nd was accepting a "drink" from an unknown person, even if she was cute. I don't believe for a second that ABC wouldn't do such a thing. Lots of "law enforcement" is accomplished by the means of a set up. That's exactly what this sounds like

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autie 2 years, 1 month ago

Does this Al Lopes just like to see his name in the paper? Was he promised some tickets? Just pay the damn fine and move on guilty boy. It doesn't matter who had what intent. If the drink was in his hand he was MIP. End of story.

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juma 2 years, 1 month ago

The ABC has a program of entrapment. They have been doing this for years under the guise of enforcement of safe alcohol sale/use. The ABC has not interest in promoting responsible alcohol sales; they only want the money from fines. Ask any bar/liquor store owner about ABC practice. If they complain the ABC agents threaten the owner and start harassing them. I hope Lopes gets the case in the courts and brings to light the ABC methods.

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juma 2 years, 1 month ago

The ABC has a program of entrapment. They have been doing this for years under the guise of enforcement of safe alcohol sale/use. The ABC has not interest in promoting responsible alcohol sales; they only want the money from fines. Ask any bar/liquor store owner about ABC practice. If they complain the ABC agents threaten the owner and start harassing them. I hope Lopes gets the case in the courts and brings to light the ABC methods.

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ratfamily 2 years, 1 month ago

Seriously, where do all of you licensed attorneys find the time to post on here? It is really great that you perform this service to the community.... also, after reading your comments, they made me take a huge dump. Thank you, thank you! Great legal advice! .....seriously, this thing is huge...

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Dan Blomgren 2 years, 1 month ago

Let's play this scenario out:

Let's assume the girl was working undercover for the ABC and offered to buy Ben a drink. Ben accepts her offer along with others at the table, and she returns with drinks for everyone including Ben. Then she leaves the table and moments later the ABC show up and bust Ben for possession. Whether he drank it or not, he's in possession of the drink. So is he guilty? Please remember that buying alcohol for an minor is illegal as well, so the ABC agent (the girl that bought the drink) committed a crime as well in an attempt to see if Ben would accept the drink thereby implicating himself in an illegal act. Did he have 'intent' in committing his crime, or did he simply accept a generous offer? Who is really the culprit here, the ABC agent (she did have intent) or Ben? He's not totally innocent either. He did accept the offer, but she's the one that planned and executed the ruse. Whose at greater fault here? Remember if it had not been for her illegal actions Ben would not be in trouble at all. He had no intent nor did his actions. Does the ABC have the right to break the law to see if another will implicate himself?

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skinny 2 years, 1 month ago

ABC does not buy minors alcohol! But I have some swamp land down in Florida to sell ya if you’re interested!!

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Thats_messed_up 2 years, 1 month ago

This comment was removed by the site staff for violation of the usage agreement.

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Steve Jacob 2 years, 1 month ago

He's on the basketball team, they don't buy drinks.

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CMM 2 years, 1 month ago

Good ol Al. Gotta give him some credit though...this may be the most creative MIP defense ever. For college kids, an MIP is almost a rite of passage. Most just pay the fee and move along. Can't imagine why Ben would really want to drag this out, but to each his own.

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fu7il3 2 years, 1 month ago

I think this is called the Carrie Neighbors defense.

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FalseHopeNoChange 2 years, 1 month ago

Do the ABC officers get their "targeting" skills from ATF?

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fu7il3 2 years, 1 month ago

I think they are trying to suggest that an ABC officer bought him a drink. That is pretty hilarious when you think about it. I'm sure they would have no problem finding underage drinkers in Lawrence without "entrapment."

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Katara 2 years, 1 month ago

Why did he accept her offer of a drink, especially since according to his defense, he wasn't planning on drinking it?

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RogueThrill 2 years, 1 month ago

Does a MIP charge require a test for BAC? Did anyone see him drink any of it? It makes sense that simple possession is an offense, but it doesn't seem right if he actually didn't drink it or request it.

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