Salle - Bad Sporters https://www.badsporters.com News Blogging About Athletes Being Caught Up Tue, 05 May 2020 10:36:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 Ex-De La Salle football player loses appeal of rape conviction https://www.badsporters.com/2020/05/05/ex-de-la-salle-football-player-loses-appeal-of-rape-conviction/ https://www.badsporters.com/2020/05/05/ex-de-la-salle-football-player-loses-appeal-of-rape-conviction/#respond Tue, 05 May 2020 10:36:00 +0000 https://badsporters.com/?p=5831 SAN FRANCISCO — A California appeals court upheld the felony convictions of a former De La Salle student who was sentenced to 21 years for the sexual assault of a girl at a house party following a Walnut Creek school dance. The former student — one of two East Bay high school students convicted in […]

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SAN FRANCISCO — A California appeals court upheld the felony convictions of a former De La Salle student who was sentenced to 21 years for the sexual assault of a girl at a house party following a Walnut Creek school dance.

The former student — one of two East Bay high school students convicted in the incident — argued through his attorney that the judge who found him guilty, Judge Rebecca Hardie, should have been removed for bias because of unspecified remarks she allegedly made about the case. He was convicted of forcible rape and oral copulation at trial, months after his co-defendant, an Ygnacio Valley High School student, accepted a plea deal.

In the 21-page court ruling, appeals court judges wrote that the defense never provided transcripts to prove Hardie had actually made the remarks described in defense briefings, and added that by the defense’s own description the remarks were innocuous. The judges also rejected a defense argument that the alleged conduct didn’t rise to the legal definition of “force.”

“This evidence no doubt suffices to prove that minor, without the victim’s consent, forcibly moved her body against her will, first, to the bench and, next, to the car,” and sexually assaulted her, the appeals court judges wrote.

Hardie sentenced the former De La Salle student, who was 16 at the time, to 21 years, but he shouldn’t end up serving past his 25th birthday, according to authorities. The Ygnacio Valley student was given nine years in exchange for a no-contest plea.

The evidence against the pair included an audio file taken by the girl, at the time a Carondelet student, can be heard saying “no” multiple times within 10 seconds. She told police she was intoxicated and attempted to stop both defendants from sexually assaulting her, including trying to push them away.

The former De La Salle student testified at trial that she said “yes after that video,” and said that she agreed to have sex with both of them but then became paranoid that her boyfriend would find out. She did not seem intoxicated to him, he said on the stand, according to the appeals court decision.

The Ygnacio Valley student also testified, saying that police had “pressured” him into admitting he raped the girl, and said he didn’t even know what police were investigating when he granted them an interview. He expressly denied “engaging in any sexual activity with the victim and denied knowing whether minor had forced her into sexual activity,” the appeals court ruling says.

This newspaper is not naming either defendant because they were tried as juveniles.

This marked the second time in six months that a De La Salle student was charged with raping a Carondelet student. In May 2017, a former De La Salle football player was charged in juvenile court with sexually assaulting a Carondelet girl, and ultimately was sentenced to 10 years of confinement in a plea deal.

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Four De La Salle football players charged with misdemeanor assault https://www.badsporters.com/2020/04/06/four-de-la-salle-football-players-charged-with-misdemeanor-assault/ https://www.badsporters.com/2020/04/06/four-de-la-salle-football-players-charged-with-misdemeanor-assault/#respond Mon, 06 Apr 2020 05:47:39 +0000 https://badsporters.com/?p=5310 Four students at De La Salle Collegiate high school were formally charged Monday with misdemeanor assault and battery following a renewed investigation by police and prosecutors into alleged hazing involving players on the football team. Arraigned by video link between the 37th District Court and the Warren Police Department lockup were: Michael Anthony Young, 18, […]

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Four students at De La Salle Collegiate high school were formally charged Monday with misdemeanor assault and battery following a renewed investigation by police and prosecutors into alleged hazing involving players on the football team.

Arraigned by video link between the 37th District Court and the Warren Police Department lockup were: Michael Anthony Young, 18, and 17-year-old Galiko Tyreese Lovelace, both of Sterling Heights; Ricky Dwayne Pearson, 18, of Eastpointe; and Sean Vanard Bonery, 18, of Warren. Not-guilty pleas were entered on their behalf by Judge Matthew Sabaugh, who permitted them to be released on personal recognizance bonds pending upcoming pre-trial hearings.

All four are seniors and expect to graduate from the all-boys Catholic school in Warren this spring.

Lovelace’s attorney, Jack Kramer, described him as “a good kid” who did nothing wrong.

“Truthfully, I feel bad for my client having been dragged through this ordeal,” Kramer said. “He denies assaulting anyone. He denies any hazing.”






Galiko Tyreese Lovelace hazing De La Salle.jpg

Galiko Tyreese Lovelace

WARREN POLICE DEPARTMENT PHOTO

The four students are the first of seven expected to be charged in connection with alleged “broomsticking,” as described by De La Salle officials, in which players were held down by teammates and poked in the thighs and buttocks by a different player holding a broomstick. Warren police say no penetration or injuries occurred.

After initial, separate investigations by police and the St. Clair County Prosecutor’s Office spanning four months, St. Clair Prosecutor Michael Wendling initially announced in late January no criminal charges would be filed. However, Wendling at the time said he was confident a crime had occurred but claimed evidence had been lost or stolen and criticized the school officials who refused to be interviewed.

The next day, a parent of a student contacted police alleging his son was a victim of hazing, Warren Police Commissioner William Dwyer said. A parent of a second student made a similar accusation, police added.

Last week, law enforcement officials said assault charges would be filed against seven students, including two who will be charged as juveniles.

Defense attorney Paul Addis, who represents Young and Pearson, considers it peculiar that all seven of the accused students are minorities.

“They’ve been investigating it since October. What took so long?” Addis told reporters outside the courtroom.

“My contention is there’s a 99-page police report with a lot of names in it. I just find it amazing only seven are charged and they’re all African American. I just find it coincidental, I guess,” he said.

“I think the way the investigation was handled by the (De La Salle) administration is unconscionable.”






Ricky Dwayne Pearson hazing De La Salle.jpg

Ricky Dwayne Pearson

WARREN POLICE DEPARTMENT PHOTO

“I think this investigation was tainted from the beginning,” Kramer said, adding he could not say whether Lovelace was interviewed by Warren police or anyone at the St. Clair County Prosecutor’s Office.

Pearson is the only defendant of the four arraigned Monday who was charged with two counts of assault and battery. At least one of his accusers is black. The other three suspects face one count, punishable by up to 90 days in jail.

Bonery had retained an attorney but she abruptly withdrew for an unspecified conflict of interest, officials said. Addis agreed to step in to represent him at Monday’s hearing as Bonery’s mother expects to hire another lawyer.






Sean Vanard Bonery hazing De La Salle.jpg

Sean Vanard Bonery

WARREN POLICE DEPARTMENT PHOTO

It’s not yet certain how the charges against the four will impact their status as students.

Last December, the school suspended three students – including Pearson – for more than 45 days as the investigation by police and prosecutors continued. All three filed a lawsuit against De La Salle, school administrators and its board of directors, claiming they were unfairly banned from classes. They later withdrew their lawsuit as part of an agreement with school officials to allow the trio to return to the classroom.

Addis represented the trio in that civil case. He told The Macomb Daily Monday one of the other two plaintiffs is a junior who is one of the two teens expected to be charged with assault in Macomb County Juvenile Court. His third client in the civil case is not facing criminal charges, he said.

After the hazing allegations surfaced last fall, De La Salle President John Knight in October abruptly cancelled the rest of the two-time defending state champions’ season on the eve of the state high school football playoffs. The cancellation and the suspension of coach Mike Giannone sparked an uproar in the De La Salle community, including students, parents and alumni. Giannone was later fired, and assistant coaches who did not have other employment roles at the school also were terminated.

Both defense attorneys Monday said the accusations could impact the futures of the four teens.

Young, a co-captain on the team, has a 3.0 grade point average and has committed to play football at Eastern Illinois, said Addis. Pearson has compiled a 3.6 GPA at De La Salle, is a member of the National Honor Society, president of the Black Students Association at De La Salle and has committed to continue his gridiron play at Albion College, Addis told Judge Matthew Sabaugh.






Michael Anthony Young De La Salle hazing.jpg

Michael Anthony Young

WARREN POLICE DEPARTMENT PHOTO

Sabaugh ordered all four defendants to have no contact with the alleged victims, commit no assaults and – with one exception – not leave Michigan. Pearson will be allowed to leave the state for a family vacation in Florida.

The four defendants are expected to return for district court for a pre-trial hearing, although no dates were immediately set.

A fifth student is expected to be charged as an adult on Tuesday.

Addis said it could take weeks before the two suspects slated to be charged as juveniles will be notified to appear in Macomb County Juvenile Court.

According to an internal school memo to Knight and Principal Nathan Maus dated Dec. 11 –- a copy of which was obtained by The Macomb Daily — a lawyer for De La Salle reported football players were victims of “dysfunctional tradition/culture” but suffered no injuries or lasting harm. Attorney John Gierak, of the law firm Clark Hill, reported all of the seniors on the team were interviewed last fall by Assistant Principal Brent Widdows and Athletic Director Mike Watson, and that “broomsticking” had been occurring for at least four years and was varied and widespread. The hazing occurred in the locker room while no coaches were present following team dinners on Thursdays, report states.

Giannone claimed he had no knowledge of hazing, according to the internal memo.

In an interview Feb. 21 with a reporter, fired assistant coach Bob Schroeder said he doubts hazing occurred. Schroeder, who spent the last 13 years at De La Salle before he and other assistants who were not otherwise employed in other roles at the school were terminated, believes Giannone was made the “fall guy” by the school administration.

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A fired coach, and a lawsuit: Hazing scandal rocks Warren De La Salle https://www.badsporters.com/2020/01/13/a-fired-coach-and-a-lawsuit-hazing-scandal-rocks-warren-de-la-salle/ https://www.badsporters.com/2020/01/13/a-fired-coach-and-a-lawsuit-hazing-scandal-rocks-warren-de-la-salle/#respond Mon, 13 Jan 2020 02:47:47 +0000 https://www.badsporters.com/?p=4740 CLOSE De La Salle Collegiate High School in Warren, Friday, Nov. 1, 2019. (Photo: Junfu Han, Detroit Free Press) As if forfeiting the playoffs wasn’t bad enough, Warren De La Salle’s championship football team took a few more hits Monday: The head coach was fired, just hours after three suspended players filed a lawsuit against the school. The suspended […]

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De La Salle Collegiate High School in Warren, Friday, Nov. 1, 2019. (Photo: Junfu Han, Detroit Free Press)

As if forfeiting the playoffs wasn’t bad enough, Warren De La Salle’s championship football team took a few more hits Monday: The head coach was fired, just hours after three suspended players filed a lawsuit against the school.

The suspended athletes say they’ve been wrongfully accused of hazing and racially discriminated against, claiming 10 white football players are also under investigation for hazing, yet they are still allowed to attend school.

 Their lawyer believes the football players were used as pawns in a bigger fight to get rid of the coach.

“This had nothing to do with hazing. This had everything to do with (De La Salle President) John Knight trying to get rid of the head football coach,” said attorney Paul Addis, who filed a defamation, libel and discrimination lawsuit Monday on behalf of the three suspended athletes.

The three minority football players were suspended in November on accusations of holding a younger player facedown on the locker room floor while one of them sexually taunted and prodded him with a broomstick. There was no penetration.

The students claim they are innocent, that their graduation and college educations are at stake, and that the school has kept their families in the dark about their suspensions.

About four hours after the lawsuit was filed, Warren De La Salle fired head football coach Mike Giannone, who led the powerhouse Pilots to two state championships in his three years on the job.

De La Salle offered no specifics on Giannone’s termination, saying only: “We can only confirm that Giannone is no longer with De La Salle.”

De La Salle also declined comment on the students’ lawsuit, citing policy not to comment on pending litigation. But it stressed that the “safety, health and education” of students is the “top priority, ” and that hazing is a serious issue.

“Our hearts and prayers are with those impacted by the hazing, particularly the students who were victimized and their families,” De La Salle said in a statement Monday.  “We are confident we will grow from this experience and continue to build a strong school and, most importantly, strong young men whose futures will reflect the principles on which De La Salle was founded — faith, character, intellect and morality.”

Giannone, who was hired by the all-boys Catholic school in 2016, could not be reached for comment. He was on paid administrative leave since shortly after the hazing allegations broke.

Giannone came to De La Salle in 2016 after building Macomb Dakota into Macomb County’s No. 1 program. In 18 seasons at Dakota, Giannone had a 158-51 record, and his teams won the Division 1 state championship in 2006 and 2007.

His reputation followed him to De La Salle, where he won two state championships in three years.

In 2017, Giannone was named the Free Press All-State Dream Team coach of the year.

‘They know nothing’

According to police, the three suspended players and a dozen of their teammates are not cooperating. Neither is the alleged victim, they said, noting the teen boy has refused to talk and doesn’t want charges brought. 

But while the police deal with silence, the new lawsuit offers insight into the investigation and interrogation that the accused say they’ve been subjected to. According to the lawsuit, here is what the three students and their families have been dealing with:

On Nov. 4, three football players were suspended, though their parents were never given details as to why. They were only told in a telephone call that their sons’  names were “mentioned in an investigation,” but nothing else, the suit claims.

Then came pressure for the accused to talk, the suit states.

During the suspension, the administration sent the three accused athletes a list of 10 white football players, and asked them to confirm that they were all involved in hazing, the lawsuit claims. The list of names was sent by text, to the parents of the accused.

But the students “refused to be blackmailed into returning to school,” the lawsuit claims.

“They have been singled out by this administration as the only ones involved in what President Knight has declared to be systemic, deep-rooted activity. Yet my three are the only ones being proclaimed the poster child for it? That’s flatly wrong,” said Addis, the lawyer who is representing the three suspended students and their families.

Addis, a 1993 De La Salle graduate who also played football there, said he doesn’t believe that hazing is deep-rooted at De La Salle, as administrators have claimed.

“If there’s this pervasive thing going on, there would be video. If this is a deep-rooted systemic problem, why isn’t  there anything out there? It’s just unbelievable, unconscionable,” Addis said of the treatment of his clients.

When asked why the three accused students refused to implicate the 10 white students in the hazing scandal, Addis said:

“They were appalled by the insinuation that they would know something, They know nothing,” Addis said, adding his clients cooperated in an independent investigation launched by the school and denied pinning anyone to a floor and prodding them with a broom.

 “They have flatly denied it to the independent investigator. We don’t even know who the (alleged victim)  is,” Addis said. “This has got me so furious. To be treated this way by this administration is just beyond my comprehension.”

Among the lawsuit’s allegations is that President Knight pushed a false narrative  in claiming that hazing was a pervasive and deep-rooted problem at De La Salle — so serious that he had no choice but to cancel the team’s season and forfeit the playoffs.

“John Knight has been able to control this narrative … and he’s doing it on the backs of my kids. And it’s gotta stop,”  Addis said.

Knight was not available for comment, though he has previously defended his decision to forfeit the playoffs, saying he didn’t want the team to play the game “under this cloud and under these troubling issues.” 

“What makes this decision heart-wrenching,” Knight said at the time, “is that we are aware of the fact that there are young men who are suffering and were not involved in this situation.” Knight previously said.

The lawsuit seeks an unspecified amount of monetary damages from De La Salle, and aims to get the students reinstated. 

Police request charges

Giannone has kept quiet since the hazing allegations surfaced in late October, when the school abruptly ended the football team’s season on the eve of playoffs. School officials turned the case over to Warren Police, which has requested that assault and battery charges be filed against the three accused students.

According to police, about 65 people have been interviewed since the allegations surfaced, including 59 players and six school officials, including coaches. 

Warren Police Commissioner Bill Dwyer said that Giannone “indicated he had no knowledge whatsoever about the incident and that he wouldn’t tolerate it.”

Meanwhile, St. Clair County Prosecutor Michael Wendling is expected to make a decision soon as to whether to charge the three accused football players. He told the Free Press last month that the suspects could be still be charged, even if the victim won’t talk. 

“That is not a determining factor for our office going forward,” Wendling has previously said. “If there’s a crime and we can prove it, and we feel that charges are justified, we will go forward.”

Contact Tresa Baldas: tbaldas@freepress.com

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De La Salle football hazing suspects sue school: We were https://www.badsporters.com/2020/01/11/de-la-salle-football-hazing-suspects-sue-school-we-were/ https://www.badsporters.com/2020/01/11/de-la-salle-football-hazing-suspects-sue-school-we-were/#respond Sat, 11 Jan 2020 14:57:14 +0000 https://www.badsporters.com/?p=4633 CLOSE Warren De La Salle players run across the field to celebrate winning the MHSAA Division 2 championship after defeating Livonia Franklin 42-6 at the Ford Field in Detroit, Friday, Nov. 24, 2017. (Photo: Junfu Han, Detroit Free Press) Three suspended football players from Warren De La Salle sued their high school Monday, claiming they were […]

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Warren De La Salle players run across the field to celebrate winning the MHSAA Division 2 championship after defeating Livonia Franklin 42-6 at the Ford Field in Detroit, Friday, Nov. 24, 2017. (Photo: Junfu Han, Detroit Free Press)

Three suspended football players from Warren De La Salle sued their high school Monday, claiming they were unfairly kicked out of school amid a hazing scandal and blackmailed by school officials into implicating 10 other students if they wanted to be reinstated.

The accused students — who are all minorities  — refused to “turn over names,” the lawsuit claims, and have been out of school for 46 days,  with two of them in jeopardy of not graduating.

Moreover, the lawsuit accuses DLS officials of engaging in racial discrimination, claiming 10 white football players are under investigation in the hazing scandal, but are still in school. 

The lawsuit, first reported by Fox 2,  was filed on behalf of three minority football players who were suspended in November for allegedly holding a younger player face down on the locker room floor while one of them sexually taunted and prodded him with a broomstick. There was no penetration.

The hazing allegation surfaced in late October and prompted the school to abruptly end the football team’s season on the eve of playoffs.The all-boys Catholic school, which has won three state championships in the last five years, turned the case over to the Warren  police, which has requested that assault and battery charges be filed against the three accused students.

The St. Clair County Prosecutor’s office is currently reviewing the warrant request for possible charges.

De La Salle, which has previously claimed that hazing is a deep-rooted and historic problem at the all-boys Catholic high school,  declined comment on the lawsuit, stating: “We cannot comment on legal matters.”

But in a statement released Monday afternoon, it addressed the hazing allegations:

“Since we were first made aware of the hazing activities, we have been steadfast in maintaining the safety, health and education of all De La Salle students as our top priority while we navigate this troubling issue,” the statement reads. ” We have been working in full collaboration with our Board of Trustees and the Christian Brothers on all actions in response to the hazing allegations and will continue to do so as we address this lawsuit. Our hearts and prayers are with those impacted by the hazing, particularly the students who were victimized and their families.”

Related: 

Prosecutor: I don’t need victim to charge De La Salle hazing suspects

3 De La Salle football players suspended in hazing scandal; police to seek charges

‘They know nothing ‘

According to police, the three suspended players and a dozen of their teammates are not cooperating. Neither is the alleged victim, they said, noting the teen boy has refused to talk and doesn’t want charges brought. 

The three students were suspended  on Nov. 4, but their parents were never given details as to why, the suit claims. They were only told in a telephone call that their sons’  names were “mentioned in an investigation,” but nothing else, the suit claims.

Then came pressure for the accused to talk, the suit states.

During the suspension, the administration sent the three accused athletes a list of 10 white football players, and asked them to confirm that they were all involved in hazing, the lawsuit claims. The list of names was sent by text, to the parents of the accused.

But the students “refused to be blackmailed into returning to school,” the lawsuit claims.

“They have been singled out by this administration as the only ones involved in what President Knight has declared to be systemic, deep-rooted activity. Yet my three are the only ones being proclaimed the poster child for it? That’s flatly wrong,” said attorney Paul Addis, who is representing the three suspended students and their families.

Addis, a 1993 De La Salle graduate who also played football there, said he doesn’t believe that hazing is deep-rooted at De La Salle, as administrators have claimed.

“If there’s this pervasive thing going on, there would be video. If this is a deep-rooted systemic problem, why isn’t  there anything out there? It’s just unbelievable, unconscionable,” Addis said of the treatment of his clients.

When asked why the three accused students refused to implicate the 10 white students in the hazing scandal, Addis said:

“They were appalled by the insinuation that they would know something, They know nothing,” Addis said, adding his clients cooperated in an independent investigation launched by the school and denied pinning anyone to a floor and prodding them with a broom and sexual taunts.

 “They have flatly denied it to the independent investigator. We don’t even know who the (alleged victim)  is,” Addis said. “This has got me so furious.  To be treated this way by this administration is just beyond my comprehension.”

Police request charges

The lawsuit accuses De La Salle of defaming three football players by allegedly pushing a false narrative that portrays the students as aggressive bullies. It also accuses the school of unlawfully keeping the boys out of school, preventing them from graduating, and subjecting them to racial discrimination.

Meanwhile,  St. Clair County Prosecutor Michael Wendling is expected to make a decision soon as to whether to charge the three accused football players. He told the Free  Press last month that the suspects could be still be charged, even if the victim won’t talk. 

“That is not a determining factor for our office going forward,” Wendling has previously said. “If there’s a crime and we can prove it, and we feel that charges are justified, we will go forward.”

If the case did go forward, it would be based largely on the testimony of witnesses — in this case, football players who allegedly witnessed the hazing.

According to police, about 65 people have been interviewed so far, including  59 players and six school officials, including coaches. 

According to Warren Police Commissioner Bill Dwyer, “The coach indicated he had no knowledge whatsoever about the incident and that he wouldn’t tolerate it,” Dwyer said of head coach Mike Giannone.

Giannone has declined comment. 

The police investigation started on the same day that the DLS football team was supposed to play in the playoffs. But in a blow to the Pilots,  the school forfeited the game the night before because of hazing allegations that surfaced midweek, ending the season.

Parents were notified in an email that went out on Halloween.

“We have recently discovered a series of hazing incidents conducted by several players on our varsity team,” the email stated. “And many players on the team appear to have been aware of such hazing but failed to report it.”

In a follow-up news release, De La Salle said “the hazing has deeper roots, and is more pervasive than originally thought.”

De La Salle President John Knight has said ending the team’s season wasn’t an easy decision, but there was no other choice.

“It became clear to us that the right thing to do was to live by what we say we are: ‘Builders of Boys, Makers of Men,’ and to not play the game under this cloud and under these troubling issues we are looking at,” Knight previously said. “What makes this decision heart-wrenching is that we are aware of the fact that there are young men who are suffering and were not involved in this situation.” 

Contact Tresa Baldas: tbaldas@freepress.com

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