On Jul 12, 10:10 am, John C TX <
johnctxj...@gmail.com> wrote:
> X-No-Archive: Yes
>
> I hope he keeps his nose clean. If you are the Jets do you try &
> bring in Jenkins for $1Mm or $2MM with no guarantee?
>
> Friday, July 8, 2011
> Kenrick Ellis gets trial rescheduled
> By Rich Cimini
> ESPNNewYork.com
>
> New York Jets draft pick Kenrick Ellis, originally scheduled to stand
> trial next Tuesday in Hampton, Va., for felony assault, received a
> continuance and was rescheduled for Nov. 28, an official from the
> Hampton Circuit court said Friday.
>
> Because that would occur in the middle of the season, assuming the
> NFL's labor dispute is settled, Ellis' recently-hired attorney likely
> will request another continuance. That would push the case into next
> offseason at the earliest.
>
> Ellis was indicted a month before the April draft on the charge of
> malicious wounding, a Class 3 felony in Virginia. If convicted, he
> faces up to 20 years in prison.
>
> A potential complication is that Ellis is not a U.S. citizen,
> ESPNNewYork.com has learned. Ellis, a native of Jamaica who moved to
> Florida at the age of 11, has "permanent resident" status. A permanent
> resident convicted of an aggravated felony is deportable, according to
> immigration law.
>
> Jets blog
>
> Jets Looking for more on
> the green and white? ESPNNewYork.com has you covered. Blog
>
> Because of the enormous stakes, Ellis' best move is to negotiate a
> plea bargain before he gets to court, according to three immigration
> lawyers contacted by ESPNNewYork.com. That, they agreed, is the likely
> outcome.
>
> The key is to make sure that any plea arrangement isn't classified as
> an aggravated assault and carries less than a one-year sentence,
> suspended or otherwise, according to Virginia-based immigration
> attorney Bill Kovatch.
>
> "There's a reason (for the Jets) to be worried ... because if it's an
> aggravated felony, there's nothing that can be done," said Kovatch,
> who doesn't represent Ellis. "He gets deported and there's no waiver."
>
> The Jets, who said at the time of the draft that they were
> "comfortable" with the risk after investigating Ellis and the
> incident, declined to comment Friday on the potential ramifications of
> the case because it's still pending. Ellis, a 6-foot-5, 345-pound nose
> tackle, was selected in the third round.
>
> Ellis was arrested April 12, 2010, by the Hampton University police
> department, a few days after he allegedly attacked another man,
> identified in court records as Dennis Eley, a student at Hampton.
>
> Details are sketchy because the school won't release the arrest
> report. A school spokesperson denied ESPNNewYork.com's request,
> claiming it's part of an ongoing investigation by the district
> attorney and that Hampton isn't subject to the Freedom of Information
> Act because it's a private institution.
>
> The DA's office declined to comment, and Ellis' lawyer, Tim Clancy,
> didn't return multiple phone messages.
>
> People close to Ellis have said that Eley harassed his girlfriend and
> came after him with a baseball bat, prompting the lineman to act in
> self-defense.
>
> A month after the indictment, Eley filed a civil suit, asking for $3
> million in damages. According to the lawsuit, obtained by
> ESPNNewYork.com, Ellis attacked Eley without provocation at a secluded
> location on campus, breaking his nose and his jaw in two places. Eley
> required two surgeries, the suit claims.
>
> Ellis has yet to be served with the suit, Eley's lawyer said Friday.
> The lawyer, S. Howard Woodson, said there have been "preliminary"
> discussions with Ellis' attorney regarding a possible financial
> settlement. Woodson said Eley was forced to drop out of school because
> of the injuries and is now working in the Washington, D.C. area.
>
> Because of the pending charge, and because he was previously dismissed
> from the South Carolina team for failing multiple drug tests, Ellis
> was deemed a draft risk. A general manager from another team, speaking
> on the condition of anonymity, said his team shied away from Ellis
> because of the criminal charge and its potential ramifications on his
> residency status.
>
> "That was big for us," the GM said. "It's a pain in the tail, the
> whole legal issue."
>
> A person that commits a crime of "moral turpitude" is deportable,
> according to immigration law. It's a broad and subjective term that
> can be used for any crime that U.S. Citizenship and Immigration
> Services deems offensive, but it usually refers to a vile and depraved
> act, done with reckless, malicious or evil intent.
>
> One big factor in Ellis' favor: He has been a permanent resident for
> more than five years. Even if he's convicted of a crime of moral
> turpitude, as long as it's a misdemeanor -- a sentence less than one
> year -- it won't affect his residency status, Kovatch said. But a
> repeat offense, he said, would make him deportable.
>
> Rich Cimini covers the Jets for ESPNNewYork.com.
bring in jenkins for 1 to 2 mm so long as he agrees to wear his brace.
on both knees. last year's re-injury might not have occured if he had
been wearing a brace. this whole business with k. ellis looks dicey.
i have been wondering what sort of legal advice the jets got prior to
drafting him. did their advisor take into account possible
deportation ???