Judge says accusations are too serious not to be decided by his peers.
By BRIAN LANDMAN
Published May 16, 2003
Leon County circuit court judge Tim Harley ruled Thursday that given the "seriousness of the allegations," a six-person jury should decide the gambling case against former Florida State quarterback Adrian McPherson.
"Adrian has maintained his innocence regarding this charge from the very beginning," said Grady Irvin Jr., McPherson's St. Petersburg-based attorney. "From Day 1 it has been his desire and his family's desire to fight these allegations. It's been tough along the way, very tough as a matter of fact, but all he's ever asked for is an opportunity to be judged by a jury of his peers."
But with that comes greater risk.
If found guilty, McPherson, 20, faces 60 days in jail and a formal finding on his record. Prosecutors had filed a motion not seeking incarceration in this case, a second-degree misdemeanor charge of betting on the Internet, which would have meant a withholding of an adjudication of guilt. For that reason, they argued McPherson was not entitled to a jury. Harley denied the motion.
"All plea offers are off the table if we go to a jury trial," assistant state attorney Tony Guarisco said.
The state has an offer on the table, at least until the May 30 jury selection, that is believed to include probation, community service and no formal finding of guilt if McPherson were to plead no contest. The conundrum for McPherson is he doesn't know how the NCAA would view such a deal. Players found to have gambled are suspended for at least a year and if they gambled on their team, as one witness said McPherson did, it's a lifetime suspension. The NCAA still will look into the matter regardless of the verdict.
