Hawks players Pero Antic and Thabo Sefolosha have a Sept. 9 trial date in a misdemeanor case stemming from an incident outside a New York nightclub, but the attorney for both players continues to maintain that the charges should be dropped before trial.
Attorney Alex Spiro filed a request for a subpoena during a Tuesday morning hearing in New York State Criminal Court, asking the court to review personnel, disciplinary and arrest records of the four police officers involved in the arrests. Spiro asserts that the files are relevant because the prosecution case relies heavily on the officers’ testimony.
Antic and Sefolosha were arrested outside the club 1OAK at 4 a.m. April 8. Both players have maintained their innocence, and Spiro wrote in his subpoena request that the two players were: “a) more 100 feet away from the crime scene and b) not within sight of the crime scene.”
The players were both charged with obstructing governmental administration. Antic also was charged with one count of disorderly conduct and one count of second-degree harassment, for interfering with the arrest of Sefolosha. Sefolosha was charged with one count of resisting arrest and one count of disorderly conduct.
Sefolosha suffered a broken right fibula and ligament damage, injuries that he said were caused by the police. He underwent season-ending surgery and was still in a walking boot and using a cane when he appeared in court Tuesday.
Sefolosha, who refused comment on his case, said he wasn’t sure if he’ll be healthy for the opening of the NBA season in October.
“That’s not my priority,” he said. “I’m going to come back and play when I’m ready to play.”
In the request filed Tuesday, Spiro states that the players had not committed any unlawful act when they were “approached and forcibly seized” by the police officers investigating an incident outside the club. Indiana Pacers player Chris Copeland was stabbed in the abdomen during the incident.
Spiro also said in the filing that the players’ version is backed up by video of the arrest, and by “more than half a dozen independent eyewitnesses.
“Put simply, the officers were not justified in their actions,” he wrote.
Spiro asked the court for a review of the officers’ actions in any other similar arrests for obstruction.
The officers did not appear in court Tuesday, and the prosecutor told the court that the state was not prepared to immediately proceed with the case. The judge then set the trial date for Sept. 9.
Defendants are not normally entitled to review police records, and Spiro acknowledged to the judge that the burden is high when requesting such a review. He maintained that it is justified in this case because the verdict will depend heavily on the credibility of the officers.
Spiro declined comment after Tuesday’s hearing, beyond repeating that he expects the district attorney’s office to dismiss the case.
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