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Injuries

Thabo Sefolosha's reasons for a trial were more than principled

Jeff Zillgitt
USA TODAY Sports
The maximum amount Thabo Sefolosha can be compensated in his civil lawsuit against five New York City police officers is $50 million.

Thabo Sefolosha had trouble sleeping the week of his trial.

Who could blame him? Sefolosha believed in his innocence so much that he risked a conviction in a jury trial rather than take a sweetheart plea deal.

Principled on the issue, Sefolosha said no to the plea, a deal some attorneys would have demanded their client take. His attorney Alex Spiro didn’t didn't make that demand, but reiterated a few times what a nice deal it was.

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Sefolosha went to a trial, and late last week, a jury in New York found him not guilty of three misdemeanor charges (obstructing government administration, disorderly conduct and resisting arrest) stemming from an incident between New York Police Department officers and Sefolosha in Manhattan on April 8.

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Sefolosha sustained a broken right fibula and ligament damage, and he said in a statement in April that police caused the injury.

Under oath in the trial, Sefolosha testified he had a verbal exchange with an officer and said an officer kicked him in the leg. Sefolosha missed the rest of the season, including the playoffs, with the injuries, but more important than that, it jeopardized his career.

Sefolosha wanted vindication, and principle was a significant factor in his search for justice. But there could be more than principle involved. A plea deal may have limited his ability to sue in civil court. The not guilty verdict opens the door for a civil suit, but Sefolosha hasn’t said whether he plans to do that.

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Hawks officials who saw X-rays were concerned about Sefolosha’s basketball future. He is entering the second year of a three-year, $12 million contract. He has rehabbed and wants to play this season.

But what if he is never the same player he was before the injury? What if the long-term damage to his leg prevents him from securing another lucrative contract?

Going after the city could help him guard against potential financial losses as an NBA player. The trial was a risk, given Sefolosha could’ve agreed to a meaningless plea.

How toothless? The prosecution removed the day of community service from the adjournment in contemplation of dismissal (ACD) and agreed to drop the charges in six months if Sefolosha stayed out of trouble.

It was a trial some thought deserved more attention because it’s an NBA player whose season was cut short and his livelihood jeopardized and because former tennis player James Blake was accosted by an NYPD policeman in front of a New York hotel during the U.S. Open.

Spiro gets the question from just about every client: What would you do if you were me? Spiro refuses to answer. It’s the client’s decision. But for Sefolosha, he answered. Spiro would’ve taken ACD and moved on with life.

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But Spiro also believes if there’s a principled reason for going to trial, he understands his client’s wishes. Spiro wanted Sefolosha to know two things: By turning down a gift from the district attorney’s office, the prosecution would come after him hard in a trial, and Sefolosha needed to realize a conviction was possible.

“It was important to me as a man, a father to two young girls and as a role model, to stand up for what I believe in and have my name cleared of any wrongdoing,” Sefolosha said in a lengthy statement.

Sefolosha had support from his team, the Atlanta Hawks, the National Basketball Players Association, the NBA and family and friends.

“It’s troubling to me that with so much evidence in my support that this case would even be brought to trial and that I had to defend myself so hard to get justice,” Sefolosha said. “It pains me to think about all of the innocent people who aren’t fortunate enough to have the resources, visibility and access to quality legal counsel that I have had.”

Last season on Dec. 5, Sefolosha tweeted a picture from an Eric Garner protest march in New York and wrote “It was good to be in NY and see people getting there voice heard by protesting in the streets. #powertothepeople #icantbreath #icouldbenext”

Sefolosha had support because of the person he is. Born in Switzerland, he is the son of a South African musician (Patrick) and Swiss artist (Christine). He knows three languages and has traveled the world. He’s involved in philanthropic efforts and was giving a homeless man money just before the incident with police.

That doesn’t automatically make Sefolosha not guilty. But his character had been established, and prosecution faced a defendant who had the resources and conviction to fight back.

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