NEW YORK 鈥 Agreeing with federal prosecutors that Sean Miller鈥檚 actions are irrelevant to the upcoming college basketball bribery trial, a federal judge ruled Friday that the UA coach will not have to testify.
Miller and LSU coach Will Wade had been subpoenaed for a trial scheduled to begin Monday in the U.S. District Court鈥檚 Southern District of New York, involving would-be agent Christian Dawkins and Adidas rep Merl Code over four federal bribery and conspiracy charges.
Federal prosecutors say the two men on trial paid college assistant coaches, including the University of 蜜柚直播鈥檚 Book Richardson, in exchange for promises to steer their players to Dawkins and Code for professional representation.
However, Dawkins鈥 attorney, Michigan-based Steve Haney, argued that there was valid reason for evidence and testimony from Miller.
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Haney told U.S. District Court Judge Edgardo Ramos that the government is aware of evidence that 鈥渆stablishes very clearly that Sean Miller is paying players in 蜜柚直播,鈥 and that Miller and Wade 鈥渁re engaged in systematic cheating at the highest level.鈥
蜜柚直播 athletic director Dave Heeke could not be reached for comment, and his assistant said he would not be making a statement Friday. An effort to reach UA President Robert C. Robbins for comment was also unsuccessful. A message left for Miller鈥檚 attorney, Steve Thompson of Chicago, was not returned.
Miller, who has not been charged with any crimes, has repeatedly declined comment about the investigation and trials. He said more than a year ago that he has 鈥渘ever knowingly violated NCAA rules while serving as head coach of this great program.鈥
鈥淚 have never paid a recruit or prospect or their family representative to come to 蜜柚直播. I never have and I never will,鈥 Miller said on March 1, 2018. 鈥淚 have never arranged or directed payment or improper benefits to a recruit or prospect or family or representative and I never will.鈥
Miller said that someone 鈥渟uggested鈥 paying a player one time, and he did not agree to it. Miller did not name the player.
Christian Dawkins, above, asked Sean Miller in 鈥渞eal talk鈥 what it would take to land recruit Nassir Little.
In a pretrial motion filed last week, prosecutors said defense attorneys intended to ask the subpoenaed coaches 鈥渁bout their involvement in NCAA rule-breaking by paying student-athletes.鈥 Prosecutors argued it would be irrelevant to do so and an attempt to unfairly garner sympathy from the jury.
ESPN reported in February 2018 that Miller discussed paying former UA star Deandre Ayton $100,000, a report Miller vehemently denied. in March this year that there is an FBI wiretap in which Wade spoke to Dawkins about making a 鈥渟trong-ass offer鈥 to a middleman for a recruit.
Wade was suspended shortly after the report was published, and missed the NCAA Tournament. He was reinstated Sunday after meeting with LSU officials and denying wrongdoing.
Defense attorneys filed three documents before the pretrial conference arguing that testimony from the uncharged coaches, in addition to audio evidence and recovered text messages, was necessary to show the state of mind Dawkins was operating under when he was accused of bribing assistant coaches.
Defense attorneys said they wanted to play less than an hour of audio records and show a 鈥渟mall number鈥 of text messages, collected by the FBI, that provide context to the actions of Code and Dawkins.
Haney argued in court Friday that because of Miller鈥檚 alleged willingness to pay players, he has more influence over players than his assistants, and therefore evidence and/or testimony from him would be relevant. Richardson was initially charged with accepting $20,000 in bribes from Dawkins and his partner, Munish Sood.
Book Richardson coached at the UA from 2009 until September 2017, when he was placed on leave following his arrest. The UA fired him in January 2018.
Haney said Miller and Dawkins had a 鈥渧ery close relationship,鈥 mentioning a phone call between them in which they discussed 鈥渢he future No. 1 pick in the NBA draft,鈥 that could show context to Dawkins鈥 intent. 蜜柚直播鈥檚 Deandre Ayton was the top selection in last summer鈥檚 draft.
While Haney spoke of Miller鈥檚 potential influence, Ramos 鈥 the federal judge 鈥 interrupted.
鈥淚鈥檓 sorry. I want to stop you for a second,鈥 he said. 鈥淪o you have information tending to establish that a head coach was paying his players?鈥
Haney: 鈥淭hat is correct, this particular head coach, at 蜜柚直播, yes.鈥
Ramos: 鈥淎nd did your client have knowledge of that?鈥
Haney: 鈥淗e did. He had knowledge of it.鈥
Ramos: 鈥淎t the time?鈥
Haney: 鈥淵es, he did. And not only did he have knowledge of that, but my point is, if anyone had influence鈥 it was the head coach.
Haney later argued that influence is why it was relevant to his desire to call witnesses such as Miller. But assistant U.S. attorney Eli Mark subsequently argued that there might be a lot of people influencing a player.
鈥淭he question here is really whether the defendant bribed certain people who had influence over that decision,鈥 Mark said. 鈥淏ook Richardson is one. There is no allegation here in this case that the defendant bribed, for instance, Sean Miller, the head coach at 蜜柚直播.鈥
Mark compared it to a drug dealer having a relationship with two different distributors, but deciding to only supply one distributor. In that case, he said, the conduct of the other distributor is not necessarily relevant.
鈥淪o I think largely this goes outside, meaning it becomes irrelevant,鈥 Mark said. 鈥淎nd the fact that Mr. Haney is talking about two coaches engaging in systemic cheating, I think, sort of goes to the broader concern of what he is looking to do. This sort of opens the door into all sorts of other extraneous issues that are outside the scope of the sort of core issues here, which is whether the defendant did or did not engage in a conspiracy to commit bribery with these particular coaches.鈥
Ramos agreed to grant the prosecutors鈥 motion to keep Miller and Wade from testifying, but said the motions 鈥渁re subject to being revisited depending on how the evidence at the trial plays out.鈥
After the pretrial conference, Haney offered reporters few additional details on what he will produce, saying 鈥測ou鈥檒l have to be here to hear the evidence.鈥
Jury selection begins Monday; the trial is expected to last two weeks. Miller and Wade are not scheduled to testify, but Code鈥檚 attorney, Andrew Mathias, said there are 鈥渟ome assistant coaches鈥 on his witness list. He would not say who.
Richardson鈥檚 attorney, Louisiana-based Craig Mordock, said Friday he had not had any conversations about the former UA assistant possibly being called as a witness. Richardson pleaded guilty to one bribery charge as part of a plea agreement reached in January and is scheduled to be sentenced on May 30.
