MVN - Most Valuable Network

Cedric Benson fights back

Chicago Bears running back Cedric Benson plans to mount a vigorous defense of misdemeanor charges of boating under the influence and resisting arrest in an incident on Lake Travis near Austin, Texas last weekend.

Benson hired prominent Austin lawyer Sam Bassett for his defense. Bassett is considered top notch in Texas. He has interviewed ten of the passengers on Benson’s boat that day and joined his client in disputing police accounts of the incident.

“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.”

The Lower Colorado River Authority police report described Benson as being cocky, combative and smelling of alcohol.

Since the incident, Elizabeth Cartwright, a passenger on Benson’s boat turned over photographs of the incident to his attorney that she says supports Benson’s version of the event.

Toby Patch witnessed Benson’s treatment as he was bought ashore by the police. He maintains the police manhandled Benson with little provocation.

“It was uncalled for, it was ludicrous, no point for it,” Patch told WXAN-TV in Austin.

Patch was not a passenger on Benson’s boat. 

Benson is due in court May 19 to answer the charges, however, he does not have to appear in person. That leaves him free to attend the Chicago Bears OTA scheduled that day.

Benson faces several challenges going into the season. Rookie running back Matt Forte is expected to compete for the starting role and Benson is coming off surgery to repair an ankle fracture suffered last season. Benson, and the Bears in general, underperformed last season. Chicago maintains that they need two starting caliber running backs to mount any sort of comeback.
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The Washington Redskins Sean Taylor was arrested and charged with driving under the influence and refusal to take a blood alcohol test requested of him by a Virginia state trooper in a high profile incident in 2004. Taylor was acquitted of both charges in separate trials after the judges in the case viewed police video tapes of the incident.

That’s a good reminder that a charge is not the same as a conviction — in court. Taylor was dogged by the charges in public opinion, with the incident repeatedly brought up during early reports of his death without any reference to the outcome.

Benson will likely share that experience. There is enough disputed facts emerging in the case that won’t be resolved until Benson’s day in court. Public perception is another matter.

This entry was posted on Saturday, May 10th, 2008 at 9:55 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.