Spring Break
Former student to serve jail time for burglary
Laura Bryant
Issue date: 12/2/08 Section: Front Page
Peeler said he felt this was an unfair stipulation since it did not allow room for one-time mistakes.
"It's an unintentional consequence by the state legislature to make it such an indefensible situation for people to be in this situation," Peeler said.
Phillabaum disagrees, saying voluntary intoxication can be used as an excuse, not a defense.
"The law is very clear that alcohol, voluntary intoxication is not a defense," Phillabaum said. "That has been very clear as case law in Ohio. It makes sense. It wouldn't be appropriate for you to get drunk and say, 'Oh, I didn't know I was raping her. Oh, I didn't know I was steeling that car.'"
Peeler was also concerned that athletes are held to a different standard from other students.
"I don't think it helped him being a football player," Peeler said. "There was too much notoriety in this case. In other cases, it would have been handled much differently."
Peeler said Marshall is not allowed to return to Miami's campus at least until the victim, junior Melissa Saumure, graduates. He said Marshall plans on returning to school after he is done serving his sentence, but may not go back to Miami.
"It's an unintentional consequence by the state legislature to make it such an indefensible situation for people to be in this situation," Peeler said.
Phillabaum disagrees, saying voluntary intoxication can be used as an excuse, not a defense.
"The law is very clear that alcohol, voluntary intoxication is not a defense," Phillabaum said. "That has been very clear as case law in Ohio. It makes sense. It wouldn't be appropriate for you to get drunk and say, 'Oh, I didn't know I was raping her. Oh, I didn't know I was steeling that car.'"
Peeler was also concerned that athletes are held to a different standard from other students.
"I don't think it helped him being a football player," Peeler said. "There was too much notoriety in this case. In other cases, it would have been handled much differently."
Peeler said Marshall is not allowed to return to Miami's campus at least until the victim, junior Melissa Saumure, graduates. He said Marshall plans on returning to school after he is done serving his sentence, but may not go back to Miami.
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