Home US SportsNCAAW Charles Bediako not opposed to recusal of judge who granted TRO

Charles Bediako not opposed to recusal of judge who granted TRO

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Alabama basketball center Charles Bediako‘s camp did not oppose the NCAA’s motion for Judge James “Jim” Roberts to recuse himself from the case.

Although Judge Roberts granted Bediako the temporary restraining order that allowed him to play against Tennessee — which has since been extended — court documents obtained by The Tuscaloosa News show Bediako wasn’t against the NCAA’s request despite having “no concern” himself about Roberts’ “impartiality.”

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“To be clear, Mr. Bediako fully expects to prevail in this litigation. The facts and law are on his side,” the plaintiff’s response read. “But, whatever the ultimate outcome may be, whether in front of this Court or any other, someone, somewhere will allege impropriety in the result. That is not, and cannot, be the standard for judicial qualification.”

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Inclement weather prevented an NCAA attorney in Tennessee from traveling to Tuscaloosa, resulting in Bediako’s injunction hearing being reset for a date and time that have yet to be announced. In turn, Bediako’s TRO was extended, and hours later on Jan. 26, the NCAA filed a motion for recusal, arguing that Judge Roberts should step away due to “intense media scrutiny” and financial ties.

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“By allowing other G League players and former professionals to participate in collegiate athletic contests but denying Mr. Bediako’s waiver request, the NCAA drew an entirely arbitrary and meritless line in the sand. Mr. Bediako seeks to right that wrong. Mr. Bediako’s Complaint and this Court’s entry of a Temporary Restraining Order allowing him to compete for the University of Alabama basketball team set off a media firestorm. Unfortunately, media attention has not focused solely on the merits of Mr. Bediako’s claims,” the document said.

“Much ink has been spilled decrying this Court’s and his family’s ties to the University.”

Among judges of the Tuscaloosa Circuit Court, Roberts, as well as his wife Mary Turner — the defense attorney in the murder trial surrounding ex-Alabama basketball player Darius Miles — is the only one to be listed as a donor to the Crimson Tide Foundation’s Lifetime Giving Society.

With an undergraduate degree from South Florida and his juris doctorate from Samford, he is also the only judge in the court who hasn’t attended the University of Alabama as a student.

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“Neither Mr. Bediako nor his counsel have any doubt that this Court would preside over the present matter with anything other than fairness and impartiality,” the document read.

Bediako’s defense argued that since the University of Alabama is not a party to this lawsuit and Judge Roberts has no “financial relationship” with Bediako, the court isn’t violating judicial ethics.

The plaintiff response also pointed out that the NCAA’s motion was built on media scrutiny, including a variety of “unflattering” Reddit posts pertaining to Judge Roberts, and described community members of the anonymous website as “astute and reasoned observers.”

Among usernames included in exhibits provided by the NCAA in its motion for recusal, Bediako’s response highlighted “m5fer,” “WitOfTheIrish” and “audirt.”

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Now, both parties wait to see if Judge Roberts will remove himself from presiding over the case.

Emilee Smarr covers Alabama basketball and Crimson Tide athletics for The Tuscaloosa News. She can be reached via email at esmarr@usatodayco.com.

This article originally appeared on The Tuscaloosa News: Alabama’s Charles Bediako not against recusal of judge who granted TRO

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