Razorback Basketball Players Plead Not Guilty to Forgery Charges

[Hawg Red]

http://www.arkansasonline.com/news/2015/oct/27/december-court-dates-players-charged-forgery/

December 8 court date for Beard, December 10 for Thomas.

[HawgAdvocate]

http://www.arkansasonline.com/news/2015/oct/27/december-court-dates-players-charged-forgery/

December 8 court date for Beard, December 10 for Thomas.

Interesting. So they plan to stick with their 'not guilty' pleas. Sink or swim.

I've read on here that some are saying Beard's relative (uncle?) was involved? Is that just message board speculation?

[Hawg Red]

Interesting. So they plan to stick with their 'not guilty' pleas. Sink or swim.

I've read on here that some are saying Beard's relative (uncle?) was involved? Is that just message board speculation?

I've only known the talk about Beard getting the bills from an uncle to come from a message board. Hard to imagine Beard playing this year if his next court isn't until December.

[Veritas Arkansas]

Interesting. So they plan to stick with their 'not guilty' pleas. Sink or swim.

I've read on here that some are saying Beard's relative (uncle?) was involved? Is that just message board speculation?

Odds are good that they can still enter a plea of guilty at a later date if they want to.

[HawgAdvocate]

Odds are good that they can still enter a plea of guilty at a later date if they want to.

I'm intrigued as to why they haven't done so already. There's video footage and an admission, along with an extended law enforcement operation that focused solely on these fake bills. Simply saying they didn't know the bills were fake doesn't sound like a reasonable defense if the PA decided to bring multiple charges to Beard. I have to wonder what the players' defense is planning.

Would you presume that a plea deal was proposed, and found to be unsuitable by the players? A penny for your thoughts, Veritas?

[TomBigBeeHog]

This is from an Arkansas Court of appeals case in 2006:


CASE SUMMARY


PROCEDURAL POSTURE: A jury for the Drew County Circuit Court (Arkansas) found defendant guilty of five counts of first-degree forgery, Ark. Code Ann. § 5-37-201 (1997), and one count of first-degree continuing criminal enterprise in connection with the possession and uttering of counterfeit money, Ark. Code Ann. § 5-74-104(a)(1) (1997). He was sentenced to 600 months in the Arkansas Department of Correction. Defendant appealed.


OVERVIEW: Defendant attempted to buy merchandise at several stores with counterfeit money. Defendant was eventually arrested and charged with first-degree forgery and first-degree continuing criminal enterprise in connection with the possession and uttering of counterfeit money. The State alleged that defendant acted in concert with two individuals. However, the evidence established that defendant had assured the first individual that the bill was real. Also, the second individual refused defendant's offer to exchange one of his hundred dollar bills for twenty dollars. Thus, there was no evidence establishing that defendant acted in concert with two or more other persons. Thus, his first-degree continuing-criminal-enterprise conviction was improper. But, with regards to his first-degree forgery convictions, there was substantial evidence establishing that defendant acted with intent because (1) he repeatedly tried to pass counterfeit bills at local businesses; and (2) he offered the second individual one of his hundred dollar bills in exchange for twenty dollars. Thus, under Ark. Code Ann. §§ 5-37-101(7) (Supp. 2005) and -201 (1997), his convictions for first-degree forgery were proper.


OUTCOME: The appellate court affirmed defendant's first-degree-forgery convictions. Also, the appellate court held that his arguments alleging ineffective assistance of counsel and that the trial court erred in denying his motion for mistrial lacked merit. However, the appellate court reversed and dismissed defendant's first-degree continuing-criminal-enterprise conviction.

[Veritas Arkansas]

I'm intrigued as to why they haven't done so already. There's video footage and an admission, along with an extended law enforcement operation that focused solely on these fake bills. Simply saying they didn't know the bills were fake doesn't sound like a reasonable defense if the PA decided to bring multiple charges to Beard. I have to wonder what the players' defense is planning.

Would you presume that a plea deal was proposed, and found to be unsuitable by the players? A penny for your thoughts, Veritas?

With knowing as little as I do about this situation, any opinion is nothing more than speculation.  They're likely not going to plead guilty without some kind of negotiated agreement.

There are any number of reasons why this case is still pending:

Maybe the prosecutors are still working on an offer to extend.
Maybe the basketball players are cooperating with law enforcement to trace the source of the bills, and a plea offer is contingent on their cooperation.
Maybe, just maybe, they didn't know that the bills were counterfeit.
Maybe an offer has been extended, and they are weighing their options.
Maybe an offer has been extended, but they think they are better off letting a jury decide their punishment.
Maybe it's some combination of those.  Maybe it's another reason entirely. 

I honestly couldn't tell ya, and the above are just guesses.

There really isn't any way to tell.  But there isn't anything abnormal about this timeline. 

[dbhog]

A. Beard is playing this year.....all is good......Will get a slap on the wrist for being a 1st time'er so no need in anybody tripping out because (he will be playing)....That's the real news for any & everybody....

Don't think so. 

[GuvHog]

A. Beard is playing this year.....all is good......Will get a slap on the wrist for being a 1st time'er so no need in anybody tripping out because (he will be playing)....That's the real news for any & everybody....

If his crime was a misdemeanor you'd have a decent chance of being right but it isn't. It's a Felony. I seriously doubt any deal arrangement will include probation instead of jail time.

[Veritas Arkansas]

If his crime was a misdemeanor you'd have a decent chance of being right but it isn't. It's a Felony. I seriously doubt any deal arrangement will include probation instead of jail time.

Do you know what the Arkansas Sentencing Commission has established as a presumptive sentence for Forgery in the 1st Degree, on someone with a criminal history of zero?

[TomBigBeeHog]

Do you know what the Arkansas Sentencing Commission has established as a presumptive sentence for Forgery in the 1st Degree, on someone with a criminal history of zero?

Please tell. I don't want to look it up.

[Veritas Arkansas]

Please tell. I don't want to look it up.

Alternative sanctions.

Which means....not prison time.

[k.c.hawg]

My thoughts are: plea bargains get worked out when there are real deadlines, just like labor contracts. The prosecution demands a guilty plea to the actual charges, the defendants counsel offers to plea to lesser charges. The prosecutor demands there will be a suspended sentence, the defendants counsel offers to plea if it is supervised or unsupervised probation. Eventually time gets short and there is some compromise on both sides. The prosecutors know their time is better spent on violent crimes, defendants counsel knows he cannot expect the prosecutor to embarrass himself by being too light on a real crime. It is not a violent crime, no way a first time offender will do any serious time on this. Could get some weekends in jail or some home detention if, it goes real bad......otherwise it is going to be some suspended time with supervised probation or maybe just supervised probation.

[TomBigBeeHog]

My thoughts are: plea bargains get worked out when there are real deadlines, just like labor contracts. The prosecution demands a guilty plea to the actual charges, the defendants counsel offers to plea to lesser charges. The prosecutor demands there will be a suspended sentence, the defendants counsel offers to plea if it is supervised or unsupervised probation. Eventually time gets short and there is some compromise on both sides. The prosecutors know their time is better spent on violent crimes, defendants counsel knows he cannot expect the prosecutor to embarrass himself by being too light on a real crime. It is not a violent crime, no way a first time offender will do any serious time on this. Could get some weekends in jail or some home detention if, it goes real bad......otherwise it is going to be some suspended time with supervised probation or maybe just supoervised probation.

Sounds about right

[Porked Tongue]

I believe you will hear resolutions for the two players still here before Thanksgiving.

[HOGINTENNESSEE]

I believe you will hear resolutions for the two players still here before Thanksgiving.

Legally or Basketball?

[Baldpig]

Since Beard is suspended for the first semester and probably the entire year, how can he keep his scholarship

[Hawg Red]

Since Beard is suspended for the first semester and probably the entire year, how can he keep his scholarship

He's still on the team. That's how.

I get where you're coming from, but that's just how it is when the school decides to let the legal system sort it out. The schools seems to have also adopted the "innocent until proven guilty" mentality that is afforded to the players by the court system.

[HOGINTENNESSEE]

Since Beard is suspended for the first semester and probably the entire year, how can he keep his scholarship

Same way Joe Mixon is still on OU's football team. Suspended from playing but still on Scholarship and still on the team.

[hoglady]

Whether Beard ever sees the basketball court for the Hogs - I hope he can work out a plea deal that doesn't include prison time. Anyone who thinks a state prison is where people learn their lessons and better themselves is living in la-la land.
A felony conviction is devastating enough for any job opportunities.
It serves society better to give this kid a second chance to be a productive member of society.
Probation and community service / anything but prison.

[psooie]

I can see how beard has much more of a problem than the other 2 since he tried to exchange bills which probably means he knew they were fake. Don't see how the other 2 wouldn't get off by just saying they didn't know the bills were fake. That may be true or it may not be true but just buying something with a fake bill is hard to prove they knew it was fake. Now the DA might be trying to turn the players against each other if they are playing hardball. The real concern for the police is finding out who was printing the bills.

[Fan1958]

I like how in every one of your posts you want to try to challenge my intelligence and I've tried to keep it civil with you.  FYI, I've got a degree hanging up in my office, and I've got tons of academic awards laying around my house somewhere, and a nice paying job, I'm good bro, if you don't understand what I'm saying that's on you, the people I do business with and make money on understand me, that's all I'm worried about. But if it makes you feel better to think your somehow smarter than me, by all means boost your self esteem, you obviously need it. Especially since the highlight of your day is coming to a message board hoping for prison time on a college student.

Also, while you think your so smart, you really need to get out of the house some, you are way out of touch with college life.  Do you know how many kids do stupid stuff while in college?  Underage drinking, smoking weed, fighting, hazing, vandalism, stealing, illegal downloading, DUI, and the list goes on, do you seriously think all of them premeditated that they would do something stupid in college?  You act like Beard sat and thought "Hey, I'm going to practice and get really good at basketball, so I can go to college exchange $300 in fake bills and get away with it."  Kids make mistakes, but apparently while you were working on your Doctorate in message board grammar you didn't have time to get into any trouble, so doesn't surprise me that you can't relate.

Doesn't matter the level of your intelligence, the number of degrees you earned or the amount of money you make when you consistently use "your" when the proper spelling is "you're" based on the context.  Intelligent, educated folks will always have questions about you, whether the misuse is on a message board or in a doctoral thesis.

Now, to the kids. These weren't "mistakes". A mistake is marking "C" when you intended to mark "A". A mistake is picking up the keys to the Jeep when you meant to pick up the keys to the Silverado.  To pass bogus bills numerous times and to buy a dollar pack of gum and pay for it with a fake C note to receive clean change in return are conscious decisions that carry serious consequences.

[-Blu]

Doesn't matter the level of your intelligence, the number of degrees you earned or the amount of money you make when you consistently use "your" when the proper spelling is "you're" based on the context.  Intelligent, educated folks will always have questions about you, whether the misuse is on a message board or in a doctoral thesis.

Now, to the kids. These weren't "mistakes". A mistake is marking "C" when you intended to mark "A". A mistake is picking up the keys to the Jeep when you meant to pick up the keys to the Silverado.  To pass bogus bills numerous times and to buy a dollar pack of gum and pay for it with a fake C note to receive clean change in return are conscious decisions that carry serious consequences.

Thanks for the advice.  I can tell your definitely one of those intelligent people I should try to impress on a message board.  Your definitely going places in life with such great message board grammar.  Your the man!

[Hog_Swanson]

Thanks for the advice.  I can tell your definitely one of those intelligent people I should try to impress on a message board.  Your definitely going places in life with such great message board grammar.  Your the man!

If you want to sound tough and smart, learn the difference between you, your, and you're.  Please.

[Big Nasty 34]

If you want to sound tough and smart, learn the difference between you, your, and you're.  Please.

He's being sarcastic I believe...

[Hog_Swanson]

He's being sarcastic I believe...

Does it really matter?   

[-Blu]

If you want to sound tough and smart, learn the difference between you, your, and you're.  Please.

I don't want to sound tough or smart, I want to talk about basketball.  And for everyone that my grammar bothers, please put me on ignore, and shut up.  Who turns a sports message board into a grammar discussion, who cares lol.  I know the difference between your and you're, learned that probably in the 3rd grade.  And if I didn't know the difference, does it matter?  Did I miss the grammar test to discuss basketball?

And what's funny, we got 1 guy with an avatar of Spongebob and another guy with an avatar of Ron Swanson talking about looking intelligent.  No offense, but you guys definitely seem like the type of guys I don't want to impress.  But, thanks for the advice.

[PonderinHog]

I don't want to sound tough or smart, I want to talk about basketball.  And for everyone that my grammar bothers, please put me on ignore, and shut up.  Who turns a sports message board into a grammar discussion, who cares lol.  I know the difference between your and you're, learned that probably in the 3rd grade.  And if I didn't know the difference, does it matter?  Did I miss the grammar test to discuss basketball?

And what's funny, we got 1 guy with an avatar of Spongebob and another guy with an avatar of Ron Swanson talking about looking intelligent.  No offense, but you guys definitely seem like the type of guys I don't want to impress.  But, thanks for the advice.

Your welcome.

[Big Nasty 34]

Your welcome.

Or you is welcome for most Arkansas folks

[TexomaRazorback]

The legal system is designed to make money for lawyers.  It will be at least 1.5 years before there is the initial verdict so the attorneys have lots of time to make big money off their clients. I know, I have had custody of my grandchild for 8 years and been to court 3 times.  It takes about 2.5 years per court suit. I have spent >60$K on attorney fees.  I have to wonder where Anton is getting the money for representation.

[Hog_Swanson]

The legal system is designed to make money for lawyers.  It will be at least 1.5 years before there is the initial verdict so the attorneys have lots of time to make big money off their clients. I know, I have had custody of my grandchild for 8 years and been to court 3 times.  It takes about 2.5 years per court suit. I have spent >60$K on attorney fees.  I have to wonder where Anton is getting the money for representation.

According to some, his uncle just prints it off.  Keep up man.

[Veritas Arkansas]

The legal system is designed to make money for lawyers.  It will be at least 1.5 years before there is the initial verdict so the attorneys have lots of time to make big money off their clients. I know, I have had custody of my grandchild for 8 years and been to court 3 times.  It takes about 2.5 years per court suit. I have spent >60$K on attorney fees.  I have to wonder where Anton is getting the money for representation.

A lot of criminal defense attorneys charge a lump sum for representation, so the bill is the same regardless of how long it takes.