James will miss Feb. 23 game against Toledo Scott
------------------------------------------------------------
Associated Press
AKRON, Ohio -- LeBron James was cleared Wednesday to resume his high school career, but he must sit out at least one more game.
Summit County Judge James R. Williams issued a temporary restraining order that will allow the 18-year-old superstar to get back onto the court, though James must serve a two-game suspension.
James, a 6-foot-8 senior at St. Vincent-St. Mary who is expected to be the No. 1 pick in this year's NBA draft, already missed a game after the Ohio High School Athletic Association on Friday declared him ineligible for accepting free sports jerseys valued at $845 from a store.
James will miss the Feb. 23 game against Toledo Scott, the school said in a statement released Wednesday. That game will come four days after a scheduled hearing.
In a one-hour hearing, Williams listened to arguments from OHSAA attorney Steven Craig and James' attorney, Fred Nance. The judge met with both sides in his chambers for much of the morning before bringing them into the courtroom. James did not attend the hearing.
Williams said James would suffer "immediate and irreparable injury'' without a court order. He did not say why he overruled the OHSAA.
"He wants to finish what he started,'' Nance told the judge. "He didn't want to let himself down. He didn't want to let his team down. He didn't want to let his school down.''
Nance did not absolve James for accepting the jerseys.
"He's made mistakes,'' Nance said. "He's an 18-year-old kid but he didn't deserve the ultimate sanction of losing his eligibility.''
James' family planned to make a statement later Wednesday, Nance said.
The judge scheduled a hearing for Feb. 19, when he will decide whether to grant a permanent injunction or go to trial.
"Neither side is going to be happy,'' Williams said. "There are a number of issues the court wants to hear.''
If Williams grants a permanent order, James would regain his eligibility and the school would regain a victory it had to forfeit as part of the OHSAA ruling.
St. Vincent-St. Mary's has four games left in the regular season, three of them before the next court hearing. The team, No. 1 in the USA Today rankings for the fourth straight week, is next scheduled to play Saturday in Trenton, N.J.
Principal David Rathz was disappointed that James wasn't exonerated.
"I like things clear-cut,'' he said. "This is a tie. I don't like ties.''
In a statement, the private Roman Catholic school said it "was gratified by the decision which will immediately return LeBron James to competition with his teammates.
"Although we had hoped there would be no additional sanction, we understand and accept the courts' imposition of a one-game playing suspension.''
Muscaro attended the hearing, which attracted a media throng, including seven camera crews set up in the back of the courtroom.
OHSAA lawyer Craig said he will begin preparing for the next hearing.
"There are some facts that are in dispute and we will put forth some evidence so the court can know wherein the truth lies,'' he said.
Nance argued in court documents filed Tuesday that James did nothing wrong when he accepted two "throwback'' jerseys from the owner of a Cleveland clothing store.
"All LeBron did was receive a gift from a friend as congratulations for his academic achievements,'' Nance said. "Had LeBron wished to capitalize on his fame, the recompense could be in the millions of dollars.''
James says he has a 3.5 grade-point average. He has said he returned the jerseys.
The OHSAA found that the store gave James the Gale Sayers and Wes Unseld jerseys in exchange for posing for pictures to be displayed on its walls.
Muscaro ruled that James broke an amateur bylaw "by capitalizing on athletic fame by receiving money or gifts of monetary value.''
Muscaro's decision came four days after the OHSAA cleared James of any wrongdoing for accepting a $50,000 Hummer H2 sport utility vehicle as an 18th birthday gift from his mother.
Gloria James provided proof she obtained a bank loan to buy the vehicle. She said Wednesday that she is pleased her son can keep playing.
"I look forward to getting the final hearing behind us so that LeBron can focus entirely on his schoolwork, basketball and his friends, just like any other teenager, as much as possible,'' she said.
James attended practice Tuesday in the school's gym, wearing a gray T-shirt and blue shorts. He warmed up with his teammates and was stretching in the middle of the floor when coach Dru Joyce closed the practice.
Joyce then ordered green cloth banners to be hung over the glass doors, so no one could see inside.
__________________
"...as cool as the other side of the pillow." - Stuart Scott
"You should never be proud of doing the right thing." - Dean Smith
|