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Archive for Friday, March 2, 2012

Prosecutor denies allegations of entrapment by KU basketball player accused of illegally possessing alcohol

March 2, 2012

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A Douglas County prosecutor in court Friday denied that an Alcoholic Beverage Control officer used someone undercover the night he wrote Kansas University basketball player Ben McLemore a citation for minor in possession of alcohol.

McLemore’s defense attorney, Al Lopes, has alleged an unknown woman bought McLemore, now 19, a drink on Nov. 4 inside Abe and Jake’s Landing and that an ABC agent ticketed McLemore — who did not take a drink — before his client could dispose of the Red Bull and vodka drink. Lopes says McLemore entered the club with proper identification, stayed away from the bar and wore a bracelet identifying him as underage.

“He saw the defendant drinking a drink, and that’s how (the citation) happened,” said Mark Simpson, an assistant district attorney.

Lopes has asked 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 because it would be essential to an entrapment defense.

But Simpson said that the agent who gave McLemore the misdemeanor citation was there alone, was not working undercover and that the agent said there was no one there that night working undercover on behalf of the ABC.

“That whole scenario is something that (the agent) says did not happen,” Simpson said of the defense’s version of events.

Kittel said it was an issue for a jury to decide.

“Mainly this is going to come down to a factual issue of what the agent says he observed occurred and what the defendant says happened,” Kittel said. “I don’t know how that’s going to be resolved short of a trial unless you all figure out a different disposition.”

Lopes has questioned how the ABC agent knew what was in the drink because he alleged the agent never asked McLemore that question. Lopes has also asked for more information about how ABC agents are trained and what policies they follow.

“What did they do, and did he follow it? That’s what I need to know,” Lopes said in court.

The next hearing in the case is scheduled for May 29 when a trial date could be set.

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

Comments

Dan Blomgren 2 years, 5 months ago

Too many unanswered questions. Who was the woman that bought the drink for Mclemore? Was she working for the ABC that night? Someone needs to check wether or not she recently was served with a drinking offense and see if she was working off her penalty. How did the agent know there was alcohol in the drink. Who says he wasn't just drinking a coke? And what right does the agent have to check patrons at random? Unless the girl told the ABC agent there was alcohol involved how would he know? Does Abe and Jakes videotape all their customers who enter with proper i.d.? If so, pinpoint the girl and see her angle. So the agent saw him taking a 'drink', but Mclemore says he didn't take the drink. No blood alcohol level tested so it's his word vs the others word. I really doubt the ABC agents ever work alone for safety reasons as the agent claims. Sounds awfully fishy on the ABC's part.

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somebodynew 2 years, 5 months ago

I just love that because a defense attorney suggested something it has become "gospel". You do know that defense attorneys lie sometimes don't you?

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Dan Blomgren 2 years, 5 months ago

there were 26 comments on here earlier today. What happened to the other 21 comments?

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