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NEW YORK – Text messages between former Louisville assistant coach, Kenny Johnson and Brian Bowen, presented in court, show the two people plan to meet in August 2017 in an exchange, said Bowen had resulted in a direct payment of $ 1,300.
This was not the first time the payment was claimed, but it was a rare example of direct communication between a coach-coach member and a player or parent who had received money during the trial. federal criminal law involving bribes and others. corruption in college basketball.
Tuesday was the second day Bowen had been asked about the payments he had received or offered to his son Brian Bowen II so he could attend different colleges. These offers were communicated to him by former runner Christian Dawkins, one of three defendants accused of wire fraud and conspiracy to commit wire fraud.
The charges stem from accusations that Dawkins, along with Adidas' executive, James Gatto, and former Adidas consultant, Merl Code, allegedly plotted to entice gamers to sign up with schools sponsored by Adidas, Kansas, Louisville, Miami and North Carolina State. The three accused pleaded not guilty.
In a text message of August 23, 2017, Bowen Sr. asks Johnson if he wants to "get together to agree," and Johnson replied, "OK, see you later. " Bowen Sr. testified that Johnson had come to his house and met him in the car, where the $ 1,300 had been exchanged.
Bowen Sr. stated that Johnson initially refused to give him money when the two men met in June 2017, after Bowen Sr. stated that Dawkins had told him that the coach was going to him. give money. "[Johnson] was stunned. He was shocked. He said that he could not do that, "said Sr. Bowen. His wife would kill him. "
Bowen Sr. stated that after Johnson gave him money at the second meeting, "he explained enough that it was a single contract for him." Prosecutors, who were trying to overtake the mere finding of NCAA infractions and to establish that the actions of the accused were real crimes, also shared several SMS and phone calls showing Dawkins' concern. and Bowen Sr. about their conversations. someone else than the NCAA.
The texting and phone calls included conversations about how to receive and carry money without being detected, and the two men corresponded on the use of several phones – including the one that Bowen Sr. was calling for his "bat phone".
Asked about an SMS in which he said he did not trust his phone, US Deputy Attorney Edward Diskant asked Bowen Sr. he was concerned that the NCAA or Louisville would intercept his calls, which he answered "No". He also testified that after being interrogated by the FBI on September 26, 2017, he launched his mobile phone.
Later, the government made a phone call between Dawkins and one of the undercover agents of August 2017 to discuss payments to various athletes. Dawkins said, "Some are illegal, any way you want, illegal, against the NCAA rules or whatever. "At the end of the part of the call played, Dawkins says," Now we are talking about in five years, we could be more powerful than anyone in the sector. "
The defense attempted to paint a picture of a pre-existing relationship between Bowen Sr. and Dawkins. Steve Haney, Dawkins' attorney, asked Bowen's father how long ago he knew Dawkins and his family and if Dawkins had indicated that he wanted to become Bowen II's agent.
"I'm double his age," said Bowen Sr. "It can not be that far."
Haney also asked Bowen Sr. whether the Bowen and Dawkins families "[helped] and if Dawkins thought Bowen II was his "little brother", he pointed out that Dawkins had been Bowen II's first coach at the age of 12 and that he was playing for the Dorian & Core program. Pride, led by Dawkins.
Haney was seeking to show Bowen Sr. that he was accepting illicit payments well before he agreed to send his son to Louisville in exchange for $ 100,000 on behalf of Adidas. Bowen Sr. again admitted receiving money from several coaches and entities since Bowen II entered high school.
Bowen Sr. said he had received $ 8,000 from then-head coach Shane Heirman for Bowen II to play at The Lumiere School (Indiana). Heirman is now an assistant coach at DePaul.
He also said he received money to play Mean Streets, a Chicago-sponsored Nike football program. Bowen Sr. testified that he had received $ 5,000 in cash from Tai Streets, director of Mean Streets, and an additional $ 1,500 for travel expenses from Tim Anderson, head coach of Mean Streets, who is now assistant coach at DePaul.
"This was no different than any other child," Bowen Sr. told the jury.
Bowen Sr. admitted receiving $ 4,000 from Chris Rivers, Adidas leader, and accepted a $ 20,000 offer from Adidas consultant TJ Gassnola will play for the Michigan Mustangs, a basic program sponsored by Adidas .
Bowen Sr. acknowledged that each of these payments was contrary to NCAA rules.
At the beginning of Bowen Sr.'s testimony last week, he involved four assistant coaches who, he said, told him that Dawkins was offering him money or other inappropriate benefits for his son. Texas Assistant Coach Mike Morrell offers $ 50,000 from Arizona Assistant Coach Joe Pasternack through an offer of $ 100,000 and a "lucrative job" from Creighton's assistant coach, Preston Murphy, and an offer Oklahoma State's assistant coach, Lamont Evans, received $ 150,000 in cash.
On Tuesday, Bowen Sr. recognized three of these offers: $ 100,000 and "well-paying" jobs for Bowen Sr. and Bowen's mother, Carrie Malecke, of Creighton; $ 150,000 and a $ 80,000 car from Oklahoma State; and free lodging of Texas.
In their opening statements, defense lawyers had said that Oregon had offered an "astronomical sum" to Bowen II, but Bowen Sr. said last week: "I do not remember. " The lawyers said that after this offer from Oregon, a Nike school, Gatto had been asked if Adidas would "level the playing field" and offer $ 100,000 to Bowen II to get to Louisville.
Haney asked Bowen Sr. to accept $ 3,000 from Oregon's assistant coach, Tony Stubblefield, during an unofficial tour.
"I do not remember," said Bowen Sr.
Haney also asked him about an UCLA offer, forwarded to Bowen Sr. by Anderson.
"I do not remember," said Bowen Sr. again.
In an attempt to attack the credibility of Bowen Sr. – a former police officer from Saginaw, Michigan, Haney asked him a series of questions about his lying to the FBI, failing to file taxes and engaging in an illegal social assistance program, with the agreement that he has entered into with the government to avoid being sued.
"The police are not very popular in jail, is not it?" Haney asked.
Merl Code Sr., father and lawyer of defendant Merl Code Jr., who played basketball at Clemson, briefly cross-examined Bowen Sr.
Sr. Code questioned Bowen Sr. about a text message that he had sent to Dawkins, stating "[Expletive]I need a donkey in New York. "
Diskant is objected successfully.
Code Sr. finished with an accusatory question.
"Is not it true, Mr. Bowen, that because of the talent of Tugs, do you pin your namesake since the age of 15?" Code Sr requested.
Diskant is objected to the question and Code Sr. had no more questions.
Bowen Sr. eventually rose up and walked out of the audience hall smiling.
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