Tony Allen Cleared of Charges
The Celtics' Tony Allen has been acquitted of all charges stemming from a fight nearly 19 months ago in a Chicago restaurant, according to the Globe's Peter May.
After a short trial in Chicago, Judge James Linn made the determination that the state had not made its case against Allen, who had been indicted on three counts of aggravated battery.
The decision came down around 2:15 p.m. today. Allen was present for the trial, but was not called to testify. The charges stemmed from a fight which turned into a shooting.
The prosecution charged Allen ordered one of his friends to beat up another man. He was never charged with the shooting.
Allen is recovering from a major knee suffered on January 10. The Celtics expect him to be ready to play next season.
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Finally a break! Could this be an omen of things to come? Bring on Josh McRoberts!!!
by Nerf MVP on Apr 24, 2007 4:05 PM EDT reply actions
I’m sure Tony ate his sal-mon and mashed potatoes before the final trial. Good luck with the rehab Tony!!!
by magnesium proverbs on Apr 24, 2007 4:05 PM EDT reply actions
YAYYYYYYYYYYYYYYYYYYYYYYYY There should be a frickin parade!
by bleedingreen on Apr 24, 2007 4:10 PM EDT reply actions
Yeah that was a pretty bad knee he suffered from.
Glad to hear this is behind him. Hopefully his luck is turning around.
by timothy.michael.clark on Apr 24, 2007 4:57 PM EDT reply actions
Time to make a “Tony Allen night at the Ga-en” commercial?
by halfman/halfoyster on Apr 24, 2007 5:05 PM EDT reply actions
that’s awesome. congrats Tony. Here’s to your monumental comeback!
by jurrasic earl on Apr 24, 2007 5:36 PM EDT reply actions
and here’s to the State’s inability to prove that you ordered a man to beat up another man! Good work!
by jurrasic earl on Apr 24, 2007 5:38 PM EDT reply actions
I’m surprised that Grousbeck didn’t rip Tony’s nameplate from his locker a week after the incident at the restaurant. What? Waiting for justice to be done? How novel! After all, Tony was tried and convicted on this board and other Celtics boards. Isn’t that enough?
Let’s be honest here: Tony was acquitted of the felony of aggravated battery, but that doesn’t mean by any stretch that he’s actually innocent of any and all wrongdoing. The reasons people got down on Tony were legitimate, just as the reasons people are down on Telfair are legitimate.
I agree. If Telfair played like Rondo this year, his name plate would probably still be there. But I think the management also considers whether the player seems capable of redeeming himself. I think Telfair, with his movie and P Diddy Posse, has an ego that is incapable of redemption at this point
by jurrasic earl on Apr 24, 2007 5:44 PM EDT reply actions
He is most definitely legally innocent of all wrongdoing in connection with the incident at the restaurant. The judge said so, and in this country we aren’t allowed to try a man for the same crime after he’s been acquitted.
The reasons that people got down on Tony were NOT legitimate, unless someone actually was there and saw what happened. The state, with all of its police, forensic experts, prosecutors and all the rest had its chance, but the judge dismissed the case almost immediately. This wasn’t some long trial where the jury believed one set of witnesses instead of another. The judge threw the case out for lack of evidence because the prosecution had no case.
Let me add, by the way, that the police were obviously lying through their teeth when they said that the whole thing was captured on videotape. If it had been, the judge wouldn’t have thrown the case out after a few minutes. He might have thrown it out later after the lawyers briefed the issue of the admissiblity of the videotaped evidence, chain of custody issues and all the rest, but that would have taken weeks, if not months.
The prosecution had no case, just like in the matter of the Duke Lacrosse players.
And who are you, Roy Hobbs, to proclaim “moral guilt” unless you were actually there? “Judge not, lest ye shall be judged.”
Tony hangs around with gun-toting thugs. Tony had problems at OSU, the community college he attended, and with the Celts. Tony was charged with a felony.
Those are reasons for me to think that Tony might not be a choir boy. And hey, feel free to judge me; you won’t find any charges for aggravated battery on my moral resume’.
Who cares who Allen hangs out with? He grew up on the South side of Chicago. Do you expect his friends to be angels? So now, in addition to “moral guilt” we have guilt by association?
What problems did Tony have? (Not that they would be admissible unless there were prior convictions, but why don’t you tell us what they were,Roy Hobbs.)
OSU – a community college? Say it ain’t so…. Barry Sanders graduated from a community college? Eddie Sutton finished his coaching career at a community college? Roy my boy what’s up with that? Give the Midwest some props Mr Hobbs.
Glad to see Tony cleared. He will now begin filming his Legal Seafood commercials for next season in which he talks with a mouth full of Salmon about his glory years…. but that may not be discernable fron when his mouth is completely empty.
You know what, Brick, I’ve got my views, and you’ve got yours. I’m glad Tony is on the team due solely to his play on the court; it’s safe to say that he’s not the type of guy I’d be having lunch with.
Anyway, you can read up on Tony’s pre-Celtics past [url=http://sports-law.blogspot.com/2005/10/tony-allen-and-whataburger-incident.html]here.[/url] I’m sure he was wrongfully accused, as there’s no possible way that somebody who has repeated brushes with the law could possibly have questionable character.
OSU – a community college? Say it ain’t so…. Barry Sanders graduated from a community college? Eddie Sutton finished his coaching career at a community college? Roy my boy what’s up with that? Give the Midwest some props Mr Hobbs.
Three separate places, Po. 1) OSU, 2) the community college he went to (turns out it’s Butler Community College), and 3) the Celtics.
I can’t help wondering how Brick, a cop’s son, feels comfortable declaring “the police were obviously lying through their teeth when they said that the whole thing was captured on videotape”?
And this, after Brick remarks about how it’s “funny what happens to the prosecution’s witnesses in situations like this. Poof!”
Let’s see, the witnesses decide they’ll no longer testify (for whatever reasons). And then maybe there was a video, but perhaps it’s audio wasn’t crystal clear. And so without the witnesses, the judge tosses the case.
Sounds a bit judgemental with regard to those policemen.
No. They were lying about the videotape. Because if the incident had been caught on videotape, the case would not have been dismissed. They conjured up the story about the videotape hoping that someone would sing. It was a performance almot as amateurish as Wyc Grousbeck’s performance in the Telfair incident.
I can’t seem to grasp the part about how there definitely wasn’t a videotape (of whatever audio quality)… because, the judge dismissed the case. I guess I’d have to go to law school to understand that logic.
As for the O.J. thing, that’s just a short-hand way of saying, not guilty isn’t the same thing as innocent.
i still wish that Tony was home in boston resting his knee at the time and not even around that garbage but this is a day i been looking forward to for a long long LONG time Anything tony did for the last few years i couldnt wrap my arms around because as a human being i cant support a criminal even if he is on my team. But now i can root for the guy for the first time in a while even though he did do that stupid idotic dunk that potentially could have ended his career no i can be paronoid over ping pong balls!!!!!!! but thats better then worrying weather or not someone is going to jail
Well, the question is whether or not the prosecution has enough evidence to proceed with the case. Do they have a witness? Do they have a videotape showing what happened? If the answer is yes, the case goes to trial. They select a jury, present the evidence, conduct examination and cross exammination, etc. etc.
If they don’t have any evidence, the judge tells the prosection to pack up and go home.
The OJ case went to trial. This one apparently did not.
The OJ case went to trial. This one apparently did not.
What makes you say that? It was a bench trial. Not every criminal trial is tried in front of a jury.
Here’s the quote from boston.com “After a short trial in Chicago, Judge James Linn determined that the state had not made its case against Allen, who had been indicted on three counts of aggravated battery.”
See, a “short trial”.
So first, there was no trial, and now there wasn’t a real trial. I see.
Bench trials happen all the time. At your next Bar Association dinner, I’d suggest talking to some members of the criminal bar, who I’m sure can fill you in on the nuances.
It doesn’t really matter, of course — Tony was acquitted because the prosecution didn’t meet it’s burden of proving guilt beyond a reasonable doubt. That’s really all that there is to be gleaned from the verdict, especially until we get more information on the procedural history and evidence introduced.
Like I said, Brick, the fact that you’re not a criminal attorney is shining through. Criminal bench trials happen every day, and from what I’ve seen first hand, they’re not all mere formalities. They’re rarer than jury trials in most felony cases, without question, but they’re not unheard of, by any means.
Tony hangs around with gun-toting thugs. Tony had problems at OSU, the community college he attended, and with the Celts. Tony was charged with a felony.
What problems? I went to school there at the same time he did and don’t remember any problems. Eddie straightened him up, even if just for a few years!
by bostonpokefan on Apr 24, 2007 8:52 PM EDT reply actions
“Finally a break! Could this be an omen of things to come? Bring on Josh McRoberts!!!”
please say that that was a joke about mcroberts…
by ucn33 on Apr 24, 2007 9:44 PM EDT reply actions
Roy Hobbs, please stop before you ruin The Natural for me for good. I don’t want to think about some arrogant hot-shot lawyer while watching the movie.
by SoCalCeltic on Apr 24, 2007 10:12 PM EDT reply actions
Look there is no doubt that the rules for the rich and famous differ from those experienced by us in the stands. If Tony Allen couldn’t ball he’d be in jail for 5 to 10. But he can so good for him he gets to keep his millions and stay out of jail. My problem is that if Paul Pierce gets pulled over for a DWI while speeding with a gun I will bet my life you won’t see his name tag taken off his locker. Basically what the Celtics have said is we will support our good players when they get in legal trouble but we will cut our fringe ones. Which is both hypocritical and in my opinion disgusting.
It means nothing: nothing at all, but TA was in a far worse fracas than ST…Far worse…Yet Telfair is “kicked to the curb”…The Goat of the 06-07 season…It doesn’t ring true to me…I would rather he be cut for his dismal defense or erratic shooting; but a symbolic “badman” I don’t see him to be…
by BoundingRounder on Apr 24, 2007 10:53 PM EDT reply actions
Excellent point BoundingRounder, food for thought.
That said, I am very happy for Tony that this incident is behind him.
I know he is not the first young athlete to get in trouble and he won’t be the last.
A lesson learned will be the best outcome.
Now, is this the beginning of the change of luck we need heading towards May 22?
I hope and pray so.
Please Lord, number 1 or 2, please.
Cheers
Aussie
;)
fair enough Roy. By the way, after re-reading my comment, it was a little harsh. My apologies.
by SoCalCeltic on Apr 25, 2007 3:39 AM EDT reply actions
Good man, Brick, you get points for admitting you were wrong yesterday (presumably about the cops supposedly lying). As for your follow up point, I, for one, hadn’t assumed anything about Allen’s guilt or innocence, and am glad he’s in the clear now. I was just troubled at hearing the cops being slammed.
Allen was not heavily penalized by the Cs even though there was a criminal case hanging over his head when it was time to extend him. It certainly is easy to argue that TA shouldn’t have been in the position where he was even charged with a crime, but in this country a person is innocent until a prosecutor can prove to either a judge or a jury that he is guilty, beyond a reasonable doubt. So to me, right now TA is innocent. Just like Telfair is innocent of having an unregistered handgun.
To the owner of the Cs, there is no presumption of innocence in Telfair’s case. Maybe Telfair made an agreement with his employer that he would not be involved with firearms. If he did, and broke that agreement. I could then, and only then, see the Cs cutting him loose before his latest gun charge went to trial. If not, they should have waited until his case was adjudicated.
OJ lost a civil case to the Goldman family when a jury found him guilty of murder. The standard in this case was a “preponderance of evidence” not “without a reasonable doubt.” I can call OJ a murderer*, not a murderer, with an asterisk.
by TripleOT on Apr 25, 2007 7:41 AM EDT reply actions
Given the lack of concrete Celtic news lately, the TA trial would have been a good topic for research/discussion before the fact and during the fact. I thought of it (at least calling TA’s lawyer and asking about it), but since I can’t post in the forums, I let it slide.
I knew Roy was a lawyer, and I had an inkling Brickowski was a lawyer somehow (having intuited this somehow pleases me). But don’t forget it’s Reyquilla who got TA off. ;)
no kidding said:
"I was just troubled at hearing the cops being slammed.’
They still deserve to be slammed, and so does the DA. When they saw the exculpatory videotape they should have dropped the charges instead of letting the case drag on for 2 years. Waste of the taxpayers money.
Again, this was about pressuring Allen to finger the guy who had the gun. It wasn’t about Allen. They were using him to get at someone else.
Not to beat a dead horse (not that that’s ever stopped me before), but I just called the best criminal defense attorney I know (other than Reyquilla—who in fact I know to be an employment/labor relations attorney) and presented the matter to him.
He says that each side—prosecution and defense—have to agree to waive a jury trial; one side can’t do it unilaterally. Therefore, each side here must have had some reason to agree to a judge-only trial. He thinks the prosecution’s agreement does not necessarily—I emphasize, necessarily—mean that it knew it had no case. An alternative explanation is that, given TA’s celebrity status, picking an impartial jury might have degenerated into a media circus, and taken more time and money than it’s worth. The defense might have agreed to go with a judge-only trial if it thought that TA might be perceived as a spoiled brat (my term, not his) who thinks of himself as being better than ordinary people and above the law.
Just another two cents. I’m done.
Eeyore III,
The attorney you talked to is absolutely correct as to the Federal Rules position on waiver of jury trials. However, most states allow bench trials if requested by the defense (without the consent of the prosecution). [url=http://www.state.il.us/court/opinions/AppellateCourt/1997/5thDistrict/November/HTML/5950574.txt]In Illinois, the defendant can waive a jury trial unilaterally, so long as it’s done in open court.[/url]
Here’s a link detailing some of the pros and cons of a bench trial, for whatever it’s worth:
http://www.criminalattorney.com/pages/firm_articles_bench_trial.htm
[quote=Brickowski]Again, this was about pressuring Allen to finger the guy who had the gun. It wasn’t about Allen. They were using him to get at someone else. [/quote]
I do think this is probably why the screws were applied to Tony. That doesn’t mean Tony was an angel, but the charge of aggravated battery was probably overreaching, if the videotape was really as weak as stated by Tony’s counsel and Danny Ainge.
Here I would surmise that the defense asked for a bench trial after reviewing the evidence and realizing that it was exculpatory. Remember that Allen is also being sued for damages. Here Allen got the best result possible, much better than a dismissal of the charges or an aquittal, which only shows the inability of the prosecution to establish guilt beyond a reasonable doubt. He got an affirmative statement from the judge that he was innocent. What this means is that he will almost certainly win on the civil side as well.
The DA probably agreed because he knew he had no case, and did not want to commit resources to pursuing a lost cause.
Here Allen got the best result possible, much better than a dismissal of the charges or an aquittal, which only shows the inability of the prosecution to establish guilt beyond a reasonable doubt. He got an affirmative statement from the judge that he was innocent.[/b]
Not to give you a hard time, Brick, but do you have a link? I haven’t seen anything stating that the word “innocent” was used; the only description I’ve seen that talks about the wording of the Judge’s ruling stated “After a short trial in Chicago, Judge James Linn determined that [b]the state had not made its case against Allen, who had been indicted on three counts of aggravated battery.”
That seems to be a standard acquittal, where the prosecution has not met its burden of proving guilt beyond a reasonable doubt. All the main Globe and Herald stories say is that the Judge “dismissed charges”, which again, is standard acquittal language.
I agree with you, though, that the civil suit isn’t going anywhere at this point.
Well I thought I’d never see it, Brick admitting he was wrong. LOL You know it makes you wonder all the time all these lawyers are spending posting in here, I wonder if their clients are being billed for it. ;D
Glad to see Allen’s done with the criminal charges, he should of learned a leasson that will stay with him for life. Telfair apparantly never learned his.
Brick was right that the motivation was to preassure Allen to give up the shooter.
by The Real Alaska on Apr 25, 2007 11:11 AM EDT reply actions
Funny – just read all of this – first of all, he got in “trouble” at community college – there is NO history of what kind of trouble, but I was told that it was his GPA!!!!!!!!!!!! Secondly, the stuff at OSU was a joke – and was treated as such…there weren’t 300 people in that parking lot – there wasn’t a riot – there was a fighting match i.e. between two RIVAL colleges – a black college (Langston) and Ok State. The terms being thrown around were “sellouts” aimed at Tony (from Chicago) and Cheyne Gadson (from New York) – Tony was all of 19 years old….no guns, no real fighting, a totally blown out of proportion argument that was dropped by the d.a.
Roy and company obviously have never been to Stillwater, Oklahoma
by Nanc on Jun 18, 2008 4:37 PM EDT reply actions
































