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[h=2]Dalvin Cook's defense attorney demanded speedy trial because of new witness[/h] By Bud Elliott
@SBNRecruiting on Aug 10, 2015, 12:34p 45
Bob Donnan-USA TODAY Sports
Cook could return to Florida State's football team in September if he prevails at trial.
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Ricky Patel, the attorney for suspended Florida State running back Dalvin Cook filed a demand for a speedy trial (DST) Thursday in Leon County for Cook's charge of misdemeanor battery stemming from an allegation that he punched a woman outside a Tallahassee bar in July.
The filing of a DST signifies that a defendant is immediately ready to go to trial. Cook's case could go to trial even before his scheduled arraignment date of September 2. If Cook is found not guilty, he could return in time for Florida State's first game of the year, September 5 against Texas State.
So why did Cook's defense team wait to file the DST until Thursday? Tomahawk Nation asked Patel Monday.
The answer? Cook's defense team was waiting on the State Attorney to provide them with discovery relating to the identification of Cook.
But the need to wait for that discovery changed after Cook's defense became stronger thanks to a new witness, Patel said.
"An independent witness came forward after the release of the 911 call and directly refuted some details of the call and claims of another witness," Patel said.
Specifically, Patel tells Tomahawk Nation that the witness claims to have been present for the entire altercation; that Cook did not strike the accuser; that the only battery he witnessed was a woman strike receiver Travis Rudolph; and that he was actually having a conversation one of the alleged witnesses as the altercation was unfolding.
If the witness testifies to what Patel claims he has said, the testimony would bolster Cook's defense. Tomahawk Nation was unable to verify Patel's claims regarding the witness, and they appear here as reasoning behind Patel's strategy to file a DST after initially waiting.
Filing a DST is often an indicator of a defense being confident it can prevail at trial, as defense attorneys often try to drag cases out, as it increases the chance that witnesses forget or change their recollections, etc.
Florida State took two team pictures during Media Day Sunday: one with Cook and one without.
Cook received several accolades in 2014 as a true freshman, including All-ACC Second Team (Media), All-ACC Third Team (Coaches), Athlon Sports All-Freshman Second Team, Campus Insiders All-Freshman Team (HM) and College Football News All-Freshman Team (HM).
@SBNRecruiting on Aug 10, 2015, 12:34p 45
Cook could return to Florida State's football team in September if he prevails at trial.
Tweet (85) Share (564) Pin
Ricky Patel, the attorney for suspended Florida State running back Dalvin Cook filed a demand for a speedy trial (DST) Thursday in Leon County for Cook's charge of misdemeanor battery stemming from an allegation that he punched a woman outside a Tallahassee bar in July.
The filing of a DST signifies that a defendant is immediately ready to go to trial. Cook's case could go to trial even before his scheduled arraignment date of September 2. If Cook is found not guilty, he could return in time for Florida State's first game of the year, September 5 against Texas State.
So why did Cook's defense team wait to file the DST until Thursday? Tomahawk Nation asked Patel Monday.
The answer? Cook's defense team was waiting on the State Attorney to provide them with discovery relating to the identification of Cook.
But the need to wait for that discovery changed after Cook's defense became stronger thanks to a new witness, Patel said.
"An independent witness came forward after the release of the 911 call and directly refuted some details of the call and claims of another witness," Patel said.
Specifically, Patel tells Tomahawk Nation that the witness claims to have been present for the entire altercation; that Cook did not strike the accuser; that the only battery he witnessed was a woman strike receiver Travis Rudolph; and that he was actually having a conversation one of the alleged witnesses as the altercation was unfolding.
If the witness testifies to what Patel claims he has said, the testimony would bolster Cook's defense. Tomahawk Nation was unable to verify Patel's claims regarding the witness, and they appear here as reasoning behind Patel's strategy to file a DST after initially waiting.
Filing a DST is often an indicator of a defense being confident it can prevail at trial, as defense attorneys often try to drag cases out, as it increases the chance that witnesses forget or change their recollections, etc.
Florida State took two team pictures during Media Day Sunday: one with Cook and one without.
Cook received several accolades in 2014 as a true freshman, including All-ACC Second Team (Media), All-ACC Third Team (Coaches), Athlon Sports All-Freshman Second Team, Campus Insiders All-Freshman Team (HM) and College Football News All-Freshman Team (HM).
