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Tuesday, May 29, 2012

KU basketball player Ben McLemore enters into diversion agreement

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A Kansas University basketball player has entered into a diversion agreement with Douglas County prosecutors over a minor in possession of alcohol citation, according to court records.

Ben McLemore, 19, had his case disposed Friday after his attorney filed the agreement, which calls for McLemore to pay $160 in court costs and a $200 fine. McLemore had received a ticket Nov. 4 from a state Alcoholic Beverage Control officer who alleged McLemore was found with a Red Bull and vodka drink at Abe and Jake’s Landing, 8 E. Sixth St.

His attorney, Al Lopes, indicated three months ago that he had prepared to pursue a defense of entrapment and alleged an unknown woman bought McLemore the drink that he accepted but planned to dispose of it before drinking it. Prosecutors disputed those allegations.

McLemore, who was a freshman from St. Louis, was ineligible to play in games last season because the NCAA declared him a partial academic qualifier.

Comments

ku_foaf 1 year, 10 months ago

The best way to view this entire event for all involved: in the rear view mirror.

I imagine Ben has learned a lot about celebrity, trying to keep secrets from you coach in Lawrence, and lawyers. I am sure he is glad it is just over, no real harm done to him or anyone else.

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Kyle Neuer 1 year, 10 months ago

Regardless of who bought what, he should have never gotten past the front door of the bar. His problem was being there in the first place.

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shabbasuraj 1 year, 10 months ago

Come on Ben... at least make it a.....

"Rum and Redbull"

http://bit.ly/KKgXGh

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jaybate 1 year, 10 months ago

"Some Things Not to Say When Entering into a Diversion Agreement"

~Thanks your honor. Let me buy you a double.

~This diversion makes me thirsty. Where's the nearest juice joint?

~Your honor, that was the most expensive Bull I ever held for someone. Must have been a very good month, eh?

~Your honor, give me some luv here. Me holdin' that RB with a Vodka primer out in the open probably kept the officer from having to call in a bomb dog.

~Your honor, I was offered either the RB with the potato juice, or some Missouri Sudafed. I still think I made a righteous choice.

~Come on, your honor, an RB won't even light with potato juice. Ya gotta use a 151 IED to be a hazard to public safety.

(Note 1: All fiction. No malice. No endorsement of underage drinking either.)

(Note 2: BenMac, you have so much to live for and accomplish. Don't drink. Become the best you can be.)

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stevemize 1 year, 10 months ago

Sounds like an illegal search has taken place. Police cannot "invite" themselves into a residence. Police are required to ask and receive permission to enter a residence and search, unless there are exigent circumstances.

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Chris1955 1 year, 10 months ago

For any lawyers or would be lawyers out there, I have the following question based on a real life situation that happened within the past two weeks.

Let's say a 20 years old KU student goes to a party occuring at a private residence in the Lake of the Ozarks. Let's say the police stop by after the party is over, say at 3:30 AM. Nearly all of the partiers have gone to bed. Those remaining awake are watching TV in the living room with the curtains open. Said police, knock on the door, and upon someone answering the door, invite themselves in and spend the next 4 hours waking up kids, and pressuring them into taking breathalyzer tests. Upon positive breathalyzer tests, the underage kids get MIP's. No drugs were found in the residence, even though that is what the balance of the 4 hours police home examinination was looking for.

Is this legal? Can you be given an MIP if you're not caught holding an alcoholic beverage? Can you be given an MIP if you've been drinking earlier, but were not at the time of the police search?

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flyin_squirrel 1 year, 10 months ago

So Ben gets off with $360 in total fines, and the bar will be charged $1000's of dollars, and probably have to shutdown for an extended number of days. Anyone see the problem here? Minors aren't scared to get caught, it is only a slap on the wrist if they do.

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James Minor 1 year, 10 months ago

If the woman was over 21 and gave a drink to a minor. Shouldn't she be charged with giving alcohol to a minor? All this is a conspiracy to keep KU from not winning their ninth straight Big 12 title. I saw the LPD in undercover clothing wearing Baylor, Texas, and KState jackets. The Big 12 teams are nervous cause the Hawks are going to win in Bball and football.

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dynamitehawk 1 year, 10 months ago

Once again Ben's defense is suspect this Spring. Time to get out the curse jar. Bill and Andrea will work him.

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Tony Bandle 1 year, 10 months ago

Based on this ordinance, I was in violation of the law from August 26, 1966 till August 12, 1969 since my various roommates and myself used liquor bottles and beer cans as a primary means of decor.

I would owe the City of Lawrence about 2.5 million dollars!!!

{Hooray for the statute of limitations!!!!!!!!!} :)

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texashawk10 1 year, 10 months ago

Two simple words would've prevented this whole thing from happening, "No thanks." Even if it was entrapment, I have a hard time having any sympathy for McLemore because he accepted the drink not knowing what it was when he could've just told the girl no thanks. I have even less sympathy because he missed his original court date which is what made this incident a much bigger deal than it was.

I understand that underage drinking is a very common thing in college and I was guilty of it on more than a few occasions, but as a member of the KU basketball team, McLemore is a public figure in Lawrence and needs to realize that there are a higher set of standards for people like McLemore. When those standards are not met, it very frequently becomes public knowledge and it brings much more embarrassment to the school, team, and individual than if a random student was charged with the same thing because of the public nature of it. I do hope that Ben isn't dumb enough to make the same mistake again because that would very likely spell the end of his KU career if he were to have a second arrest for doing something incredibly dumb that was preventable.

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LJ Whirled 1 year, 10 months ago

Skimming the cream again, eh Bill?

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Jay Dogger 1 year, 10 months ago

I wonder what HCBS's punishment will be. Any guesses? I hope just a slap on the wrist. He's gonna be one of our best players!

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Geekinout 1 year, 10 months ago

Dear Notre Dame football players,

Take Notes.

That is all...

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Micky Baker 1 year, 10 months ago

If the woman did buy it, and the beverage enforcement agency knew what kind of drink it was, how did they know? Someone told them what kind of drink it was, and was probably the lady they used to entrap. Obviously, McLemore did not order the drink and would not have otherwise been in violation of the law if the lady didn't buy him a drink.

Law Enforcement officers cannot openly violate the law by providing a minor with alcohol, and then charge the minor and not the woman who bought the drink. This smells badly of entrapment.

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consumer1 1 year, 11 months ago

If you even touch the can or bottle you can be charged w/possession.

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bennybob 1 year, 11 months ago

ZZZZZZZZZZ.

College kids drink under age. this is not news

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WilburNether 1 year, 11 months ago

"His attorney, Al Lopes, indicated three months ago that he had prepared to pursue a defense of entrapment and alleged an unknown woman bought McLemore the drink that he accepted but planned to dispose of it before drinking it. Prosecutors denied those allegations."

Reminds me of an old Cheech & Chong routine: "Your Honor, my client merely found these drugs.....and was on his way to the police station to turn them in at the time of his arrest."

Yeah, right.

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