1 00:00:00,080 --> 00:00:02,240 Speaker 1: Because I don't want to make our guy Wade Attorney 2 00:00:02,279 --> 00:00:05,200 Speaker 1: Stuart W. Penrose from the Manila Law Group is our 3 00:00:05,559 --> 00:00:09,639 Speaker 1: sports legal expert, and normally we talk on Tuesdays, but 4 00:00:10,000 --> 00:00:12,000 Speaker 1: it was school play day in my house, so I 5 00:00:12,080 --> 00:00:14,840 Speaker 1: was off yesterday, so we bumped start back to this 6 00:00:14,880 --> 00:00:18,040 Speaker 1: afternoon and he's with us. Now, how you doing, sir? 7 00:00:19,280 --> 00:00:20,400 Speaker 2: I'm good? How about you? 8 00:00:20,560 --> 00:00:24,040 Speaker 1: I'm doing well. I want your legal opinion, your legal 9 00:00:24,079 --> 00:00:27,680 Speaker 1: expertise when we talk about what's happening between Wes Miller 10 00:00:27,720 --> 00:00:30,800 Speaker 1: and the University of Cincinnati. So Wes is not going 11 00:00:30,840 --> 00:00:33,839 Speaker 1: to be the men's basketball head coach next season. The 12 00:00:33,880 --> 00:00:37,240 Speaker 1: school has not officially announced his departure because we're hearing 13 00:00:37,280 --> 00:00:40,279 Speaker 1: that the lawyers are lawyering. So, as a lawyer who 14 00:00:40,280 --> 00:00:44,080 Speaker 1: has done some lawyering, take me through what you expect 15 00:00:44,120 --> 00:00:46,800 Speaker 1: the negotiations, how you expect them to play out when 16 00:00:46,800 --> 00:00:49,559 Speaker 1: it comes to the separation agreement between the school and 17 00:00:49,600 --> 00:00:50,040 Speaker 1: the coach. 18 00:00:51,520 --> 00:00:54,200 Speaker 2: Sure, I well, MO, we know that his buyout goes 19 00:00:54,240 --> 00:00:56,880 Speaker 2: down on April first, so it's being reported everywhere, and 20 00:00:57,120 --> 00:00:59,600 Speaker 2: you know, not announced by UC yet is that he's 21 00:00:59,640 --> 00:01:02,480 Speaker 2: going to be on on April first, So technically he's 22 00:01:02,480 --> 00:01:05,320 Speaker 2: still an employee right now. But as his biot goes 23 00:01:05,319 --> 00:01:08,440 Speaker 2: down to I believe four point nine million, at that 24 00:01:08,560 --> 00:01:13,360 Speaker 2: point they'll negotiate what what what statement is put out there? 25 00:01:15,040 --> 00:01:19,840 Speaker 2: Use the school resources between now and then, small things 26 00:01:19,920 --> 00:01:22,760 Speaker 2: like that. But you know, essentially he's just waiting till 27 00:01:22,800 --> 00:01:26,200 Speaker 2: April first, and we'll get a buyout, whether that's paid 28 00:01:26,280 --> 00:01:28,120 Speaker 2: up front, whether there's an offset if he gets a 29 00:01:28,120 --> 00:01:30,960 Speaker 2: new job, or whether it's paid and installments will be uh, 30 00:01:31,400 --> 00:01:35,440 Speaker 2: you know, subject to what's in his contract. But that's 31 00:01:35,480 --> 00:01:36,880 Speaker 2: what's happening with Wes right now. 32 00:01:37,800 --> 00:01:40,320 Speaker 1: What things besides money could they be discussing. 33 00:01:44,720 --> 00:01:46,400 Speaker 2: He's got a great leg to stand on as far 34 00:01:46,440 --> 00:01:49,880 Speaker 2: as money. He's not being fired, you know, for clause, 35 00:01:49,960 --> 00:01:52,400 Speaker 2: so they he has no reason to say to say 36 00:01:52,440 --> 00:01:54,480 Speaker 2: yes to any reduction to his buyout, so he should 37 00:01:54,520 --> 00:01:56,880 Speaker 2: be safe there. But you know what public statement is 38 00:01:56,880 --> 00:01:59,920 Speaker 2: going to be put out none disparagement, you know, but 39 00:02:00,000 --> 00:02:02,480 Speaker 2: between the two parties, you're not saying anything negative about 40 00:02:02,520 --> 00:02:06,400 Speaker 2: West or him say anything negative about UC. Very unlikely 41 00:02:06,440 --> 00:02:08,560 Speaker 2: he has any sort of non compete clause in there 42 00:02:09,400 --> 00:02:11,680 Speaker 2: should be a moot point for UC. Anyway they want 43 00:02:11,720 --> 00:02:14,480 Speaker 2: to wash their hands at the West Miller era and 44 00:02:14,639 --> 00:02:17,680 Speaker 2: this in a classy way and move on. So small 45 00:02:17,760 --> 00:02:21,239 Speaker 2: matters are what are going to be negotiated. This would 46 00:02:21,320 --> 00:02:23,480 Speaker 2: let this would already be announced if it's buy out, 47 00:02:23,480 --> 00:02:25,640 Speaker 2: weren't going to be going down on April first. 48 00:02:25,960 --> 00:02:29,120 Speaker 1: If a coach hasn't legally been let go, can a 49 00:02:29,160 --> 00:02:31,920 Speaker 1: school legally do a coaching surge for his replacement? 50 00:02:33,200 --> 00:02:36,360 Speaker 2: Yes, certainly they can. It's a regular part of an 51 00:02:36,480 --> 00:02:42,120 Speaker 2: administrative duty for any athletic director and program to do that. Absolutely, 52 00:02:42,120 --> 00:02:44,640 Speaker 2: they can handle things from an administrative role, and you know, 53 00:02:45,120 --> 00:02:49,160 Speaker 2: contact candidates, conduct interviews, negotiate for a new head coach. 54 00:02:49,200 --> 00:02:52,200 Speaker 2: They absolutely can do that very well within their rights. 55 00:02:52,440 --> 00:02:55,320 Speaker 1: Attorney Steward W. Penrose from the Manila Law Group is 56 00:02:55,320 --> 00:02:58,200 Speaker 1: with us. I know you're all excited for March Madness VCU. 57 00:02:58,240 --> 00:03:00,600 Speaker 1: Your alma mater is going to play North care Lina. Yes, 58 00:03:00,680 --> 00:03:03,440 Speaker 1: you got to be excited. My flyers couldn't make a 59 00:03:03,480 --> 00:03:05,320 Speaker 1: free throw against him, So I'll be rooting for the 60 00:03:05,400 --> 00:03:10,360 Speaker 1: Rams against against UNC. But there is a legal issue 61 00:03:10,400 --> 00:03:13,400 Speaker 1: your support, and hey, we'll give it to you. My 62 00:03:13,440 --> 00:03:15,400 Speaker 1: Bearcats aren't in it, my Flyers aren't in it. So 63 00:03:15,720 --> 00:03:18,480 Speaker 1: I'm all about the Rams. There is a legal issue 64 00:03:18,520 --> 00:03:22,440 Speaker 1: hovering over one of the teams. Alabama, so Aiden Holloway, 65 00:03:22,520 --> 00:03:25,800 Speaker 1: one of their start players, arrested on a felony drug 66 00:03:25,840 --> 00:03:29,720 Speaker 1: possession on Monday morning. He has been suspended. I guess 67 00:03:29,720 --> 00:03:33,880 Speaker 1: he was discovered with an amount of marijuana over two 68 00:03:33,880 --> 00:03:37,440 Speaker 1: point two pounds. So this makes it, I guess, a felony. 69 00:03:38,360 --> 00:03:40,200 Speaker 1: He's not going to play at least at the outset 70 00:03:40,200 --> 00:03:43,440 Speaker 1: for Alabama in the NCAA Tournament. Is it just the 71 00:03:43,520 --> 00:03:46,800 Speaker 1: amount of pot that he had what makes pot possession 72 00:03:46,920 --> 00:03:48,840 Speaker 1: rise to the level of a felony offense? 73 00:03:50,360 --> 00:03:54,240 Speaker 2: Sure? The amount of it? Certainly. Alabama also does not 74 00:03:54,360 --> 00:03:59,840 Speaker 2: have recreational marijuana. They have a very small medical marijuana program, 75 00:04:00,080 --> 00:04:02,840 Speaker 2: that is it. And two pounds is a lot of 76 00:04:02,840 --> 00:04:05,200 Speaker 2: weighted mount. I mean someone will said there are great 77 00:04:05,200 --> 00:04:09,680 Speaker 2: Saint Patrick's stay there. Certainly, So yes, I mean the 78 00:04:09,920 --> 00:04:12,520 Speaker 2: amount of it. Uh. The prosecutors are claiming that it's 79 00:04:12,560 --> 00:04:15,560 Speaker 2: a mount that's that has been intend to distribute. His 80 00:04:15,720 --> 00:04:19,080 Speaker 2: lawyers disputing that. There's also an issue of not having 81 00:04:19,080 --> 00:04:22,719 Speaker 2: a special tax stamp to it to essentially show that, uh, 82 00:04:22,880 --> 00:04:24,560 Speaker 2: you know, that had that he that he paid the 83 00:04:24,560 --> 00:04:27,480 Speaker 2: State of Alabama taxes on it. Uh. Like I said, 84 00:04:27,520 --> 00:04:30,920 Speaker 2: Alabama only has a small medical marijuana program. The only 85 00:04:30,920 --> 00:04:32,280 Speaker 2: way you're gonna have a tax stamp is if you 86 00:04:32,360 --> 00:04:35,080 Speaker 2: legally bought medical marijuana through the state of Alabama, so 87 00:04:35,480 --> 00:04:38,400 Speaker 2: that certainly doesn't apply here. It will be interesting to 88 00:04:38,440 --> 00:04:41,680 Speaker 2: see how it plays out, not just for not just 89 00:04:41,720 --> 00:04:45,160 Speaker 2: for the kid, but for Alabama as well. Uh. Let's 90 00:04:45,160 --> 00:04:47,520 Speaker 2: be honest, this is not the first uh, you know, 91 00:04:47,560 --> 00:04:50,400 Speaker 2: the first issue of controversy or basketball program has undergone 92 00:04:50,440 --> 00:04:54,200 Speaker 2: in the last couple of years. By far, I mean 93 00:04:54,240 --> 00:04:56,360 Speaker 2: as far as as far as the as far as 94 00:04:56,360 --> 00:04:58,960 Speaker 2: the young man here, you know, let's be honest here. Yes, 95 00:04:59,040 --> 00:05:01,040 Speaker 2: you know it makes sense. He had lines to say, 96 00:05:01,279 --> 00:05:04,000 Speaker 2: you know, he's face in prison time, and technically he is. 97 00:05:04,040 --> 00:05:06,120 Speaker 2: But you know, we're talking about a college student in 98 00:05:06,160 --> 00:05:08,400 Speaker 2: marijuana here. At the end of the day. You know, 99 00:05:08,440 --> 00:05:10,560 Speaker 2: I understand that it's of a high amount. You know, 100 00:05:10,600 --> 00:05:12,719 Speaker 2: you're likely looking at, you know, probably some form of 101 00:05:12,760 --> 00:05:16,240 Speaker 2: probation or maybe you could get a diversion program. You know, 102 00:05:16,279 --> 00:05:18,320 Speaker 2: certainly the courts are going to be more lenient with 103 00:05:18,440 --> 00:05:23,200 Speaker 2: a college kid that has apparently apparently no criminal record 104 00:05:23,240 --> 00:05:23,680 Speaker 2: that we know of. 105 00:05:23,760 --> 00:05:26,680 Speaker 1: This far, let me ask you this. So he's been 106 00:05:26,720 --> 00:05:29,000 Speaker 1: suspended by Alabama, so for him, it's kind of a 107 00:05:29,040 --> 00:05:31,480 Speaker 1: moot point. But in a situation like this, if you're 108 00:05:31,520 --> 00:05:34,599 Speaker 1: a college athlete and you bail yourself out of jail, 109 00:05:34,680 --> 00:05:37,400 Speaker 1: or you get bailed out of jail, if the school 110 00:05:37,400 --> 00:05:40,320 Speaker 1: will let you play, can you travel to play in 111 00:05:40,400 --> 00:05:43,880 Speaker 1: competition or are there is there usually, especially for a 112 00:05:43,920 --> 00:05:49,120 Speaker 1: possible felony offense, here are there restrictions about where somebody 113 00:05:49,200 --> 00:05:49,840 Speaker 1: like this could go. 114 00:05:51,120 --> 00:05:53,279 Speaker 2: It depends on what restrictions the court puts on you, 115 00:05:53,360 --> 00:05:56,400 Speaker 2: unless there's a restriction that says you can't leave the state. Yeah, 116 00:05:56,440 --> 00:05:58,360 Speaker 2: certainly he'd be free to go and travel with the team. 117 00:05:58,600 --> 00:06:00,920 Speaker 2: See that he got a long ball in the situation, 118 00:06:01,040 --> 00:06:03,039 Speaker 2: and certainly he'd be able to travel and play if 119 00:06:03,080 --> 00:06:03,960 Speaker 2: Alabama lets them. 120 00:06:04,040 --> 00:06:05,840 Speaker 1: Yeah, well right now they're not going to but as 121 00:06:05,880 --> 00:06:08,800 Speaker 1: you referenced before, it is Alabama, so you never know. 122 00:06:09,000 --> 00:06:11,200 Speaker 1: Go Rams. I'm rooting for you and we'll talk next week. 123 00:06:12,360 --> 00:06:12,920 Speaker 2: Thank you both.