The lawyer for the former FSU QB also is upset by the inaction of the state and university.
By BRIAN LANDMAN
Published May 3, 2003
TAMPA - Facing a gambling charge that jeopardizes his athletic career, former Florida State quarterback Adrian McPherson has been hoping to be judged by his peers.
But his attorney, Grady Irvin, said Friday that might not happen. Irvin said prosecutors in Leon County might ask Judge Tim Harley to take the case instead of impaneling a six-person jury.
"I can't believe the state would do that," Irvin said. "This is very disturbing. We want that jury. I think the kid should have a jury. A prosecutor who thinks his case is in jeopardy would do just what they're doing."
A pretrial hearing is set for May 28 followed by jury selection May 30 with the trial beginning early the next week.
Irvin also said he is upset that prosecutors and FSU officials are being uncooperative in connection with McPherson's July trial on charges of a stolen, forged and cashed $3,500 check from a Tallahassee business, R&R Truck and Auto Accessories.
He said he and prosecutors tentatively had agreed for him to take depositions in mid May but now want to wait until late in the month, when he's trying to focus and prepare for the gambling trial.
He also might have to serve subpoenas on everyone individually instead of going once to FSU.
"I anticipate the staff at FSU will do everything in its power not to be cooperative and not to be served subpoenas in this case," Irvin said. "What are they running from? They can't be afraid of me. I'm just a little ol' country lawyer. I'm only 5-7. I know they can't be afraid of me. So it's become very obvious this is David vs. Goliath."
At least on one front, FSU wants Irvin to be cooperative.
He has said FSU athletes routinely exchanged autographed items for cash at R&R. The owner of the store, Dale Acosta, has denied wrongdoing, but brothers Brian and Regan Hobbs are listed as vice president and secretary in the corporation. They own a sports memorabilia store, Collector's Attic, in town along with their father, Ron, a prominent member of Seminole Boosters Inc.
During the three-month gambling investigation, police obtained "investigative records from a confidential source of information pertaining to Ronald H. Hobbs, subject of this investigation," according to the report. He was not questioned in the case, and FSU chief of police Carey Drayton said his investigators dismissed it as "one of those crazy rumors we were unable to substantiate."
According to the Orlando Sentinel, Collector's Attic recently sold two ACC championship rings from 2002 on eBay for more than $2,600. A student-athlete selling a ring for face value is allowed, but above that would be considered an extra benefit and a potential NCAA violation.
Calls to Brian and Regan Hobbs at their real estate office and on their cellular phones were not returned. A call to Ron Hobbs at home was not returned.
FSU compliance director Bob Minnix, who must investigate any rumor of impropriety, has contacted or attempted to contact collectors across the country who are either selling or buying FSU memorabilia on eBay. Minnix did not return calls to his office. Meanwhile, FSU general counsel Betty Steffens sent Irvin a letter, dated Thursday, saying: "It has been reported in the newspapers that you are aware of matters involving Florida State University, which may violate NCAA regulations or are otherwise improper. On behalf of Florida State University, I am requesting that you furnish such information to the University so that we can take appropriate steps."
