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Cedric Benson hires new attorney, Travis County releases booking video

Last post 05-10-2008, 9:36 AM by arnie. 46 replies.
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  •  05-09-2008, 5:19 AM 1011140

    Cedric Benson hires new attorney, Travis County releases booking video

     
     

    Cedric Benson hires new attorney, Travis County releases booking video

    New witness calls pepper spray 'ludicrous, no point for it''

    Barefoot and with his wrists handcuffed behind his back, Cedric Benson walked slowly in front of two Travis County officers who had escorted him late Saturday night into the Travis County Central Booking Center.

    There were three other men being detained in the holding room Benson entered and, unlike many people in Texas and Chicago this week, they barely reacted to Benson's arrest on Lake Travis outside of Austin, Texas.

    Benson was wearing loose-fitting shorts and a white tank top, according to the video distributed to Comcast SportsNet by the Travis County Sheriff's Office.

    The one-minute recording doesn't show Benson's face, but one can imagine he also wore an expression that captured the mixture of anger, anxiety and embarrassment his friends say he felt.

    Here was one of Texas' biggest football legends being arrested on familiar turf in Austin for boating while intoxicated and resisting arrest, charges Benson continued to fight aggressively Thursday.

    He hired a new lawyer, Sam Bassett, an Austin attorney accustomed to high-profile cases such as Benson's has become.

    New details also emerged from a witness who wasn't on the boat and backed Benson's claims that police mistreated him.

    And Thursday night, Elizabeth Cartwright, a friend of Benson's who called her father to have him call 911, turned over photographs to Benson's lawyer that she says support his version of events.

    Often accused of being nonchalant in Chicago, Benson has been anything but laid-back in trying to clear his name.

    Nothing illustrated that more than hiring Bassett, a reputable local lawyer who already has interviewed 10 people who were on Benson's boat. Bassett has scheduled more interviews over the next 10 days.

    A Lower Colorado River Authority police report described Benson as being cocky, combative and smelling of alcohol, but Bassett disputed that.

    "I do not believe that Cedric was intoxicated when his boat was boarded by the LCRA officers for a safety inspection," Bassett said Thursday in an e-mail to the Tribune. "I also am concerned that the force used by the LCRA officers, particularly the use of pepper spray, was not necessary under the circumstances."

    Bassett, perhaps best known in Austin for defending a man convicted last year of murdering Texas student Jennifer Cave in a case that drew national attention, takes over for Brian Carney. Carney has been a friend and ally of Benson's since high school, but his office is in Benson's hometown of Midland, Texas—300 miles from Austin.

    "There is a lot of work left to be done, and I am not privy to all information regarding the case at this juncture," Bassett said. "Cedric is interested in focusing on football right now, and we will work hard for him while he prepares for the season."

    Benson faces a May 19 court date but does not have to be present in court as Bassett represents him that day. That is the first day of organized team activities at Halas Hall, an important step for a running back coming off ankle surgery and fighting for his NFL life in Chicago—even before last weekend's arrest.

    A witness emerged Thursday to support Benson's claim that he was mistreated at nearby Emerald Point Marina on Saturday night.

    Toby Patch claims he saw police "manhandling" Benson after taking him off the boat. Patch was not one of the 15 people on the boat.

    "As they were taking him up the dock, they stopped. He said, 'I am fine, I can continue walking,' and they put their legs behind his knees and knocked him over his knees and started hog-carrying him," Patch told WXAN-TV in Austin.

    Near the parking area, Patch says the treatment of Benson worsened.

    "They ended up—I don't know why—but laid him on his back, I heard him say, 'Please don't pepper-spray me, please don't pepper-spray me,' " Patch said. "It was uncalled for, it was ludicrous, no point for it."

    Patch's version sounded similar to the account Cartwright, who was on the boat, gave the Tribune on Tuesday night. She called her father, Jeff, to urge him to call 911 because she feared her cell-phone battery would run out before she could describe the incident to a dispatcher.

    Benson is in Chicago and has not commented since proclaiming his innocence Sunday night and saying police mistreated him. He is considering a lawsuit.

    dhaugh@tribune.com

    More articles

  •  05-09-2008, 5:22 AM 1011141 in reply to 1011140

    Re: Cedric Benson hires new attorney, Travis County releases booking video

  •  05-09-2008, 5:36 AM 1011144 in reply to 1011141

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    Benson update
    By Suzanne Halliburton | Thursday, May 8, 2008, 04:52 PM
    Lawyers on both sides of the Cedric Benson case — Benson’s defense lawyer and the Travis County attorney who’ll prosecute the case — said Thursday that they are in a holding pattern as they wait for the official complaint from Lower Colorado River Authority to officers to make its way to the prosecutor’s office.

    Benson, the former Longhorn All-American, was charged with boating while intoxicated and resisting arrest last Saturday. Benson, his mother, and more than a dozen friends were on Benson’s boat on Lake Travis when officers from the LCRA approached for a boat-safety check.

    In the days since the arrest, some have speculated that Benson, who now plays with the Chicago Bears, would file a lawsuit against the LCRA over the circumstances of his arrest. But Brian Carney, who represents Benson, told the American-Statesman on Thursday that he does not anticipate such a lawsuit.

    Travis County Attorney David Escamilla, whose office would handle the case, said Thursday that his office doesn’t prosecute many boating while intoxicated charges. He said his office has handled about 12, with two going to trial.
  •  05-09-2008, 5:41 AM 1011147 in reply to 1011144

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    mikefromva:
    Benson update By Suzanne Halliburton | Thursday, May 8, 2008, 04:52 PM Lawyers on both sides of the Cedric Benson case — Benson’s defense lawyer and the Travis County attorney who’ll prosecute the case — said Thursday that they are in a holding pattern as they wait for the official complaint from Lower Colorado River Authority to officers to make its way to the prosecutor’s office. Benson, the former Longhorn All-American, was charged with boating while intoxicated and resisting arrest last Saturday. Benson, his mother, and more than a dozen friends were on Benson’s boat on Lake Travis when officers from the LCRA approached for a boat-safety check. In the days since the arrest, some have speculated that Benson, who now plays with the Chicago Bears, would file a lawsuit against the LCRA over the circumstances of his arrest. But Brian Carney, who represents Benson, told the American-Statesman on Thursday that he does not anticipate such a lawsuit. Travis County Attorney David Escamilla, whose office would handle the case, said Thursday that his office doesn’t prosecute many boating while intoxicated charges. He said his office has handled about 12, with two going to trial.

    sounds like this is about to die the death it deserves.. neither side will bring it to trial and media will go away

  •  05-09-2008, 6:08 AM 1011156 in reply to 1011147

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    The more that comes out the more I side with Benson and I'm not even a Benson fan.
  •  05-09-2008, 6:24 AM 1011159 in reply to 1011140

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    Why was this video ever released?  I hope that Benson sues over this crap.... I don't like Benson but abuse of power is a far bigger deal than an underperforming running back.
  •  05-09-2008, 6:28 AM 1011161 in reply to 1011159

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    What did I miss? What was this video supposed to prove?
    Player: Benson, Cedric CAR: 196 YDS:674 AVG:3.4 TDS: 4 Draft Position: 4th
    Player: Peterson, Adrian CAR: 151 YDS:510 AVG:3.4 TDS: 3 Draft Position: 199th
    In three seasons, Benson has just five runs longer than 21 yards.
    Packer Fan:
    As I am often drunk and ignorant (and being a Packer fan, well uneducated),

  •  05-09-2008, 6:32 AM 1011163 in reply to 1011147

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    dbears54:

    mikefromva:
    Benson update By Suzanne Halliburton | Thursday, May 8, 2008, 04:52 PM Lawyers on both sides of the Cedric Benson case — Benson’s defense lawyer and the Travis County attorney who’ll prosecute the case — said Thursday that they are in a holding pattern as they wait for the official complaint from Lower Colorado River Authority to officers to make its way to the prosecutor’s office. Benson, the former Longhorn All-American, was charged with boating while intoxicated and resisting arrest last Saturday. Benson, his mother, and more than a dozen friends were on Benson’s boat on Lake Travis when officers from the LCRA approached for a boat-safety check. In the days since the arrest, some have speculated that Benson, who now plays with the Chicago Bears, would file a lawsuit against the LCRA over the circumstances of his arrest. But Brian Carney, who represents Benson, told the American-Statesman on Thursday that he does not anticipate such a lawsuit. Travis County Attorney David Escamilla, whose office would handle the case, said Thursday that his office doesn’t prosecute many boating while intoxicated charges. He said his office has handled about 12, with two going to trial.

    sounds like this is about to die the death it deserves.. neither side will bring it to trial and media will go away

    It's not going away. There are still people who think Benson got busted for drug possesioAs long as people still feel Benson stole their lunchbox on draft day, this will never go away.

     

     



  •  05-09-2008, 6:34 AM 1011164 in reply to 1011140

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    Now the truth is starting to come out


    Should I hold your hand as you get off the bandwagon or would you prefer the boot?
    BTW I kill trolls for fun.

  •  05-09-2008, 6:35 AM 1011166 in reply to 1011161

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    jester:
    What did I miss? What was this video supposed to prove?
    Cedric Benson stole your lunchbox.

  •  05-09-2008, 7:23 AM 1011185 in reply to 1011166

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    They don't let you put shoes on when the arrest you? I hope he didn't have to walk across a parking lot. I bet even the police station floor is nasty enough.
    Member #1 of Terrence Metcalf and Trumaine McBride's Fanclub
  •  05-09-2008, 8:07 AM 1011204 in reply to 1011159

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    rcfan:
    Why was this video ever released?  I hope that Benson sues over this crap.... I don't like Benson but abuse of power is a far bigger deal than an underperforming running back.

    Yep its "odd' and no reaspn to release except for a "media war".. which is very unnecessary

  •  05-09-2008, 8:08 AM 1011205 in reply to 1011185

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    i'm willing to bet that benson smelled of alchohol, and came off as cocky...and that the cops went over the top in their treatment...

    the lawyers have been careful to say that he wasn't "intoxicated"...

    i think the bears and many fans are just hoping for an excuse to get rid of benson...i tend to agree from a football standpoint...

  •  05-09-2008, 8:10 AM 1011206 in reply to 1011185

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    1980Bear:
    They don't let you put shoes on when the arrest you? I hope he didn't have to walk across a parking lot. I bet even the police station floor is nasty enough.

    since he was on a boat, doubt he has shoes on when he went on the police boat.

  •  05-09-2008, 8:35 AM 1011225 in reply to 1011205

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    BringBackDitka:

    i'm willing to bet that benson smelled of alchohol, and came off as cocky...and that the cops went over the top in their treatment...

    the lawyers have been careful to say that he wasn't "intoxicated"...

    i think the bears and many fans are just hoping for an excuse to get rid of benson...i tend to agree from a football standpoint...

    Why should they be careful. They have no BAC results and no video of him conducting a SFST all they have is the Officers word. If Benson was as drunk as they claimed he was, I find it funny that he is able to walk straight while handcuffed, without the Officers having to physically escort him. In my experience we usually grab hold of the arm, to prevent the guy from falling over and cracking his head open. He also seemed like he followed their commands as you can see them pointing and him walking to where the pointed. I find it ironic how the other officers where all standing around staring, word must have traveled fast tht Cedric Benson was arrested.


    http://boards.chicagobears.com/forums/ShowThread.aspx?PostID=991887#991887
  •  05-09-2008, 8:40 AM 1011231 in reply to 1011225

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    calabis:
    BringBackDitka:

    i'm willing to bet that benson smelled of alchohol, and came off as cocky...and that the cops went over the top in their treatment...

    the lawyers have been careful to say that he wasn't "intoxicated"...

    i think the bears and many fans are just hoping for an excuse to get rid of benson...i tend to agree from a football standpoint...

    Why should they be careful. They have no BAC results and no video of him conducting a SFST all they have is the Officers word. If Benson was as drunk as they claimed he was, I find it funny that he is able to walk straight while handcuffed, without the Officers having to physically escort him. In my experience we usually grab hold of the arm, to prevent the guy from falling over and cracking his head open. He also seemed like he followed their commands as you can see them pointing and him walking to where the pointed. I find it ironic how the other officers where all standing around staring, word must have traveled fast tht Cedric Benson was arrested.

     

    And from the booking video, the one cop was walking with his hands behind his back.  So to your point that you usually grab hold of the are to keep a drunk detainee balanced, I would think that the cop would at least not have his hands behind his back if he believed Benson was drunk.


    Only losers lose twice in a season to "complete losers."

    Fold in the Cold...as you were told!

  •  05-09-2008, 8:43 AM 1011233 in reply to 1011205

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    BringBackDitka:

    i'm willing to bet that benson smelled of alchohol, and came off as cocky...and that the cops went over the top in their treatment...

    the lawyers have been careful to say that he wasn't "intoxicated"...

    i think the bears and many fans are just hoping for an excuse to get rid of benson...i tend to agree from a football standpoint...

     

    I don't think it is disputed that he had a drink or two on the boat...I believe his friend said he did..Benson just claimed he was not drunk.  There is nothing illegal about having alcohol in your system...just to the point where it either exceeds the legal limit or influences the ability to operate the boat.


    Only losers lose twice in a season to "complete losers."

    Fold in the Cold...as you were told!

  •  05-09-2008, 8:47 AM 1011236 in reply to 1011231

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    They could have at least called and had one of his family members or friends bring the guy some shoes, I'm sure he had some flip flops on the boat. I just find it funny that we would do it here, unless the guy is just simply out of control.
    http://boards.chicagobears.com/forums/ShowThread.aspx?PostID=991887#991887
  •  05-09-2008, 8:48 AM 1011239 in reply to 1011156

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    coho:
    The more that comes out the more I side with Benson and I'm not even a Benson fan.

     

    Calabis is a cop and smelled a rat from the start.  I do defense work and smelled a rat from the start.  People who have seen a lot of these cases can see when something doesn't look right.  Like him or not as a player or even as a person, the guy is not evil and is still human.  It seems like most people here are looking at this in a pretty fair light and are able to put aside their view of Benson as the Bears featured back vs. evidence that he committed a crime.

    The fact that Benson hired a top attorney who is already conducting interviews shows he is set to fight this...my guess..he will win.


    Only losers lose twice in a season to "complete losers."

    Fold in the Cold...as you were told!

  •  05-09-2008, 8:51 AM 1011242 in reply to 1011159

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    rcfan:
    Why was this video ever released?  I hope that Benson sues over this crap.... I don't like Benson but abuse of power is a far bigger deal than an underperforming running back.

    Very well-said!


    Only losers lose twice in a season to "complete losers."

    Fold in the Cold...as you were told!

  •  05-09-2008, 8:55 AM 1011248 in reply to 1011147

    Re: Cedric Benson hires new attorney, Travis County releases booking video

    dbears54:

    mikefromva:
    Benson update By Suzanne Halliburton | Thursday, May 8, 2008, 04:52 PM Lawyers on both sides of the Cedric Benson case — Benson’s defense lawyer and the Travis County attorney who’ll prosecute the case — said Thursday that they are in a holding pattern as they wait for the official complaint from Lower Colorado River Authority to officers to make its way to the prosecutor’s office. Benson, the former Longhorn All-American, was charged with boating while intoxicated and resisting arrest last Saturday. Benson, his mother, and more than a dozen friends were on Benson’s boat on Lake Travis when officers from the LCRA approached for a boat-safety check. In the days since the arrest, some have speculated that Benson, who now plays with the Chicago Bears, would file a lawsuit against the LCRA over the circumstances of his arrest. But Brian Carney, who represents Benson, told the American-Statesman on Thursday that he does not anticipate such a lawsuit. Travis County Attorney David Escamilla, whose office would handle the case, said Thursday that his office doesn’t prosecute many boating while intoxicated charges. He said his office has handled about 12, with two going to trial.

    sounds like this is about to die the death it deserves.. neither side will bring it to trial and media will go away

     

    I don't know, 54.  It appears the only way this will not go to trial is if the state dismisses all charges, so it is up to the state.  Benson likely isn't spendi