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Jax Fought the Law and the Law Won

On eve of the game against the Pacers, let's revisit one of the major reasons they made the trade: to get rid of Stephen Jackson and his legal troubles. He doesn't seem like a bad guy, but he gave the franchise a bad name with the Detroit brawl and the shooting outside of the night club. It was clear Indiana wanted to get rid of him, why else would they take on two horrendously bad contracts?

I'm not expert on legal issues, nor will I pretend to be. Good thing we have johnl in the community to explain everything that's going on. This is an explanation he put in one of the posts awhile back and should be shown on the frontpage for everyone who wants to understand the situation better. Thanks johnl for dropping knowledge.

Better Late Than Never. . .

OK.  Since we were right that the judge would find a probation violation on Friday but not send Jackson to jail -- yet -- we can make some educated guesses about what's likely to happen at sentencing, this summer.

But first, a key fact (as reported by the Associated Press and appearing in the Detroit Free Press and, I believe, unreported locally here): The key witness at the Friday hearing in Michigan was the Indiana prosecutor who'll try Jackson on the shooting-related charges next month. He testified that Jackson retrieved the gun from his car and fired at least five shots BEFORE being hit by the other car.  (They'll need percipient witnesses at the Indiana trial, but no prosecutor would testify like this at a probation hearing unless he/she were sure they had such evidence.)  If true, this dramatically undercuts any "self-defense" argument Jackson's attorney might make; indeed, if the shooting was first, the guy in the car has the better self-defense argument.

This came as big news to me.  If it's proven at trial, it greatly enhances the odds of Jackson's being convicted there (Indiana) and actually doing some time.  The big question, then, for me at least becomes whether Jackson is convicted of a felony as opposed to a misdemeanor -- since a felony conviction could not only lead to more time but much greater esposure to "punishment" by the NBA, the W's, etc.

My guess is that Jackson's Indiana counsel will -- if he/she believes the prosecutor can prove that Jackson shot first -- try to cut a deal to plead to a misdemeanor (e.g. assault) even for a short sentence (perhaps on electronic home detention, if it's available) in order to avoid the spectre of a felony conviction.  In that case, probably the best case for Jackson right now, no trial -- but the Indiana sentence imposed by the plea deal would likely have an inverse effect on any sentence the Michigan judge hands down this summer for the probation violation.  (Sentencing is all that remains in Michigan; the probation violation sticks even if Jackson is acquitted in Indiana.)

Thus, at this point, the Michigan issue is really the tail wagging the dog.  If Jackson has to go thru the Indiana trial -- bad pub, even if he skates -- and is convicted, the effect of that sentence will impact on what the Michigan judge does later.  My sense is that she'll want to ensure that Jackson does pay some penalty, but if he gets nailed badly in Indiana, she's not likely to add too much.  

Finally, if Jackson were able to beat the Indiana charges altogether, though the Michigan judge has made clear she takes probation violations seriously, I don't see him getting more that 30 days in Michigan, and suspect the greater likelihood is that he could do community service as his punishment.  (Here, though, this is pure surmise.)  So, I think his attorneys will be spending a great deal of time cooking up community service options to present to the court.

The cloud over Jackson, then, is there for at least another month -- though the Indiana result will certainly tell us a lot.  In the meantime, though I remain skeptical of double offenders (as Tim K is, in his blog), I do appreciate that Jackson has been a very good player for the W's thus far, and I particularly like his quick hands and savvy play.  So I'll enjoy his play now, and we'll just see what happens next month.

I'd also like to point out the situation from a fan's perspective. The writers over at Indy Cornrows did a little writeup about the situation. It's always good to see a different viewpoint, especially a Pacer fans': Jack's Legal Issues Resurface in Michigan

Also, GSoM's own GSDubz wrote a Letter to Stephen Jackson in his diary. If you haven't read it already, click the link and check out the piece.

Are you worried about Jax's legal troubles and how it will affect the team? Furthermore, do you think his legal issues are causing unnecessary distractions to the team?

0 recs  |  Comment 13 comments

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Not a distraction
Not a distraction, unless the distraction is distracting us from the fact that he's just not a particularly good player.  Since Jackson has been playing more or less up to what he's done for most of his career--poor fg%, abysmal rebounding, about as many assists as turnovers, what exactly would we lose if he were unable to play for us?  

by jae on Feb 4, 2007 8:53 PM PST reply actions   0 recs

Lol
I like the title

But I think justice, in any case, should at least be served on a consistent basis, even if it hurts my favorite basketball team.

Billy Beane for Warriors GM! Time 4 sum Moneyball -Crypt0naut

by Crypt0naut on Feb 5, 2007 9:46 AM PST reply actions   0 recs

Good point
When I posted my thoughts about Jackson's probation violation hearing in Michigan 10 days ago, the guy had played only a few games with the W's -- including one stinker -- but he had been hustling, passing, using his hands well on defense, etc.  I was impressed.  Since then, though, he's been unremarkable in almost every aspect.  What's been most disappointing is that his play on the road -- where the W's have badly needed a lift -- has been desultory, at best: his scattered approach has been entirely lacking in the urgency the team needs.  (Same goes for Harrington, by the way, though he had that one bright spot at the end of the 76ers game.)

I did see enough to realize the kid has talent, but if he doesn't focus and play within his limits, his legal problems will hardly be a distraction.  This team has more pressing problems, the biggest of which -- talent-wise, that is -- seems to be the lack of a "four" who can muscle down low.  And though Harrington has obvious talents, he's never going to be the four the W's need.

by johnl on Feb 5, 2007 9:50 AM PST reply actions   0 recs

Great analysis!
Thanks JohnL for the insight! I'm hoping to have some closure on this soon ... any ideas how long it will take?

by YaoButtaMing on Feb 5, 2007 10:14 AM PST reply actions   0 recs

Forget about Michigan
The key here is what happens with Jackson in Indiana, where his trial is set to go forward this month, I believe.  I still think his best option -- assuming the DA can prove Jackson got his gun from the car and shot five times BEFORE the other car came at him -- is to negotiate a plea to a misdemeanor (which is punishable for less than a year -- though generally far less -- and can't be used by the NBA to suspend him (I think a "violent felony" however that's classified is the rule).  A plea deal would likely allow him to serve his time (most likely 90 days or less) on EHD (electronic home detention), assuming Indiana has this program, in the off-season.  In such an instance, I think it unlikely the Michigan judge would tack on much more this Summer re the probation violation.  What he really wants/needs to avoid is being convicted of a felony (and the gun firing was charged as a felony).  Since th team is in Indy now, I wouldn't be surprised to read of a plea deal in a few days, but in the unlikely event the prosecutor is really motivated to convict, he might refuse to deal for a misdo, which almost certainly means a trial.

by johnl on Feb 5, 2007 11:52 AM PST up reply actions   0 recs

Not sure if you know this johnl
But let's say the worst possible thing happens and Jax has to spend some time in jail.
  1. Do the Warriors still have to pay his salary?
  2. Will he come off their salary cap? (I don't think his salary hurts the cap at all, but just curious)

by Atma Brother ONE on Feb 5, 2007 1:22 PM PST up reply actions   0 recs

Sorry, Atma
Now you're beyond my ken.  Pure surmise allows me to venture that I'd find it unlikely the W's would seek to void his contract if he weren't convicted of a felony sufficient to allow league punishment.  And I think it very unlikely his lawyers will expose him to that, prefering instead to cut a deal (unless the DA is intransigent).  So my (pure) guess is the situation is not likely to arise.

But, speculating that he were to be convicted of such a felony, I would think the team would void his contract (which I assume would clear cap space, but honestly don't know since I'm no cap expert) and that he or the players association would then force the issue into arbitration.  The league hasn't had a great record in arbitrating -- even Sprewell got a few breaks there -- but I just don't see an arbitrator letting a felon skate back into contract if that felony was sufficient to allow punishment by the league: the morals clause would then have absolutely no teeth.

But, again, I think there'll be punishment here, but not to the extent that it has an effect upon Jackson's overall contract status.  In short, and assuming I've got the reported facts right, I'd tell him (1) to have his lawyers cut a deal and (2) to start playing with more urgency, movement and speed -- since he's really slipped on this road trip.  In short, right now I'm worried most by his play.

by johnl on Feb 5, 2007 5:04 PM PST up reply actions   0 recs

P.S.
After I posted the above, I checked the W's score at the half, and see that Jackson's playing a terrific game statistically (18 points), at least -- and no ex-Warrior is doing anything.  (No one but Dun has scored, and he's only got 2.)  W's are up 23 at the half.  

In short, it looks good now, but on the basis of past performances, it might be that the Pacers have us right where they want us.  Let's hope for a good second half from the guys for a change.  Looks like Jackson's pumped up for this one, anyway.

by johnl on Feb 5, 2007 5:11 PM PST up reply actions   0 recs

could somebody sum that up
i didnt feel like reading that so can any1 just tell me wut happened?

by twelve years on Feb 5, 2007 5:59 PM PST reply actions   0 recs

In a nutshell ...

Committing a Crime = Stupid
JohnL dropping his knowledge = Very Smart
YaoButta every day = Fine as hell

by YaoButtaMing on Feb 5, 2007 9:02 PM PST up reply actions   0 recs

Oh, and. . .
Yesterday -- while Jackson happened to be in town (Indianapolis) -- the trial was, as suggested, kicked to a later (undisclosed) date.  Coincidence?  I think not.  Sounds like there's a deal brewing here.  Lucky for Jackson, who certainly went off last night.  You certainly can't expect that of him every game, but it was a genuine pleasure to see him play with a lot more energy and intensity than he'd shown on the road thus far.

by johnl on Feb 6, 2007 9:08 AM PST up reply actions   0 recs

Thanks for the insight
I can't help but think that all these off the court issues are really taking their toll on Jax on the hardwood. It was nice to see him step up big against his former team in a hostile environment.

I'm pulling for the guy. He'll get a second chance in the Bay and I think he could be a real X factor from this trade. He's made some big mistakes in the past, but I see a talented player with a lot of heart.

by Atma Brother ONE on Feb 6, 2007 1:09 PM PST up reply actions   0 recs

36 points and rich
This is America... when ur worst case is 90 days probation, and ur a multimillionaire, well... let's just say u can buy ur way out of murder so why not out of firing a gun? lol

I don't think Murphleavy comibed ever scored 36 in a game... great job S-Jax!  and way to call BD an "all star" after the game, thats the positivity we need.


It ain't EASY, stoppin' TOO EASY

by gsdubz on Feb 5, 2007 9:07 PM PST reply actions   0 recs

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