On the second day of the trial of Eagles cornerback Jack Ikegwuonu for allegedly attempting to burgle an original Xbox (apparently, his Sega Genesis had finally worn out), the process was continued until July 16.
The problem, per the DeKalb Daily Chronicle, is that a witness for the prosecution had not yet arrived from California. (We're hearing rumblings that the witness is reluctant to testify, and that he officially was "ill".)
The absent witness was a former tenant of the townhouse that Ikegwuonu and his brother allegedly entered. Ikegwuonu's brother previously was acquitted by a jury.
The delay is less problematic than it would be in a normal case, where the jury would unexpectedly disband for a week and then reconvene. Ikegwuonu has waived his right to a jury trial, and he has decided to proceed with a judge assessing the facts and resolving the question of whether the prosecution has tendered sufficient proof beyond a reasonable doubt.
Ikegwuonu Trial On Hold
Posted by Mike Florio on July 8, 2009 8:43 AM ET
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Damn DA, drop the case already and stop wasting tax payers money on something which clearly serves no current purpose.
Turd.
This entire case is absolutely absurd. The DA's wasting tax-payer money to push some kind of personal agenda or is trying to get some national facetime with a higher profile figure than is usually prosecuted...or something. I can't really tell because it's so beyond ridiculous. I can't wait until the judge acquits.
I didn't know Percy Harvin was involved in this trial...
Damn!!! They're flying someone in from cali over an xbox???
Prosecutors spent a day with fingerprint expert who came to this conclusion.
The sample prints were, "not suitable for comparison," Rottman said Tuesday, because various environmental factors — for example, dust or wind — affected the surface of the Xbox and prevented a viable print.
"The (fingerprint) lifts contained did not have significant characteristics that would allow me to compare them to the cards," he said.
The prosecution argued that because of that fact, Jack Ikegwuonu could not be excluded from the scene. And 300 million other Americans.
So they have no proof that the brothers even touched the X-box. Additionally, the witness is reluctant to testify, I sense the prosecution dropping the case and blaming the reluctant witness and never really clearing Ikegwuonu of the charges.
DCViking says:
July 8, 2009 9:38 AM
I didn't know Percy Harvin was involved in this trial...
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Yep, looks like he's "ill" again.
ColecoVision kicked a$$.
waste. of. time.
the taxpayers are paying for the DA to try this case, for the "witness" (aka xbox owner) to fly from california, and for this trial to take place.... all over an *attempt* to steal an xbox. (remember, the xbox wasn't actually stolen. just unplugged).
if the "witness" (aka owner of xbox) doesn't want to go to trial, just drop the damn case!
Let's see, what do we know about this case? Early in the morning hours of Nov. 26, 2006 the Ikegwuonu brothers broke into the unoccupied apartment of one "Safyian Baba". Baba returned to his apartment to find a busted door frame, and the Ikegwuonu brothers inside. The brothers immediately fled the scene. Baba called police and brought charges against both brothers.
During the trial of Bill Ikegwuonu, the defense attorney argued that it was a misunderstanding. According to Ikegwuonu, his roommate and Baba's roommate were friends. Jack and Bill were under the impression that there was a party being held in the apartment so they decided to let themselves in by breaking the door down. Baba's roommate, Michael Britton, states that he told them of no party because there was no party and had not invited them over to visit.
Bill Ikegwuonu told investigators that he busted the door frame and upon entering, surveyed the apartment to see if anything "looked good". A few days after the incident, Bill Ikegwuonu paid Baba a sum of money, and Baba drove with Ikegwuonu's roommate to the DeKalb County state's attorney's office so that he could drop the charges. Baba also allegedly submitted a letter soon afterward explaining that the incident was nothing more than a "misunderstanding." Money paid by Ikegwuonu was characterized by Baba as a reimbursement for damages incurred during the break-in.
According to attorney Frank Martinez, who represented Bill Ikegwuonu in his court case, "It does not appear he took or attempted to take anything. It appears at best there was a passing, fleeting thought of, 'I might take something if anything looked good,' but that was all."
Police say that they interviewed the brothers four times, and got four different stories. Allegedly, the XBOX was found out of place, disconnected and on the floor. That's why it's mentioned prominently.
Jack Ikegwuonu was prepared to plead guilty to a misdemeanor charge of criminal trespass, be subject to 24 months of probation and perform 50 hours of community service in exchange for the felony charges being dropped, but his brother Bill threw a monkeywrench into that plan when he rejected the deal at the 11th hour.
It's not just smudged fingerprints. It's a busted door frame and an eyewitness. Jack Ikegwuonu could not be excluded from the scene because an eyewitness placed him and his brother there. This is way more than a "misunderstanding". It may involve a payoff and maybe even physical threats. Tampering with a witness.
Gee a couple of college kids,drunk on a Saturday night, break down a door and then pay for the damages of $100 after they were caught..Nothing was taken at all. That is putting a new twist on payoff.. The reality is that the prosecutor is in the way of the parties settling the dispute. Someone's ego and a lot of city/state funded institutions are in the way of reasonable conclusion to this case.
Wow Vox. THis is definitely worse than say stabbing a teamate with scissors or smoking crack with a hooker.
The reality is that if the prosecutor didn't pursue this, he wouldn't be doing his job. Nothing was taken, but apparently the intent was there, if only fleeting. I'm sure that the guy returning home put a damper on that. It's not a "no harm no foul" issue and there may be some coercion involved. Why is the witness playing sick? Go testify and tell them that it was a misunderstanding if that's all it was. The punks being drunk is no excuse. If you can't handle alcohol without it making you want to steal stuff, don't drink. It's as simple as that. But you're still a criminal, even if you don't take anything, and even if you were drunk. Safyian Baba got the police involved, and now it's up to the prosecutor to see that the public is protected from any further escapades of the drunken Ikegwuonu brothers.
What do you suppose would have happened if Baba had not returned home at that moment?
"Wow Vox. THis is definitely worse than say stabbing a teamate with scissors or smoking crack with a hooker."
Nobody said that, but your attempt at deflection is duly noted. Maybe somebody will break into your home some day. I hope you remember that incredibly stupid comment while you're whining about some idiot breaking into and entering your home, as if it mitigates the issue.
Eagirls fans never fail to live down to my expectations.
Vox, intent is not a punishable offense - they have to prove that they had the X-box in their hands..Remember no fingerprints and the key witness saying it was a misunderstanding. If you expectation is the conviction of an innocent man to 15 years in prison for a simple misunderstanding by an out of control prosecutor then I am relieved you are not an Eagles fan.
"Vox, intent is not a punishable offense"
Not by itself, but residential burglary is. Legally, it's defined as the act of entering a residence with the intent to commit a crime.
And let's not forget this:
http://profootballtalk.nbcsports.com/2008/11/13/unveiling-the-bong-and-coke-photo/
A nice picture of Jack with a bong, a straw, and some powdered substance on a table. His sister says she photoshopped it... God knows what the motivation would be for her to do that. At what point do you stop making excuses for this turd? Lied about a party, lied to the cops, busted in a door and his brother admitted that he looked around for something good to steal, fled when the complainant came home, gave the complainant money after he filed charges, followed by the complainant trying to drop the charges, and now the complainant doesn't want to testify. And you're saying that the prosecutor is out of control?
Jack should have gone for a jury trial. It's easier than you probably think to plant reasonable doubt in the mind of one person out of twelve. Not so easy to do that with a judge. 95% of any judge's job is cutting through the BS to get to the truth, particularly during a bench trial. Any lawyer will tell you that.
Vox, I am not saying that this was not an issue. Just saying that we should keep it in perspective. For instance, getting a college kid who did this is not nearly as bad as the Giants signing a man who beats women. That does not make what Jack did OK, lets just keep things in perspective.
I was just reacting to the amount of time that you put into your first post on this thread.