Cody Cousino / Photo editor
Suspended Ohio State running back Jaamal Berry will no longer play for OSU, his attorney, William Meeks, said Wednesday in Franklin County Common Pleas Court.
Meeks said Berry remains in good standings as a student and is still on scholarship, but no longer a part of the football team.
Following Wednesday’s pre-trial, a motion hearing was scheduled to suppress the identification and discuss the case further with the prosecutor, Meeks said.
“The identification in the case, we think, is probably constitutionally faulty,” Meeks said.
The identification of Berry by the alleged victim is not the only issue Berry’s defense is raising.
“We are challenging, by a not-guilty plea, the alleged assault in this case,” Meeks said.
Moving forward, Meeks said there is a 50/50 chance the case will go to trial.
Berry was suspended from the football team Nov. 2 after being charged with assault, battery and disorderly conduct.
The charges were based on an incident that occurred Oct. 21 at 2:20 a.m. in the Arena District in downtown Columbus, involving Berry and a Columbus State Community College student.
On Dec. 27, Berry pleaded not guilty to the charges and jury time for the case was waived, according to court documents.
The OSU athletic department and the prosecutor for the case did not immediately return requests to comment.
In the incident, the plaintiff was “struck in the face with a closed fist,” according to the Columbus police report.
The plaintiff was treated at the hospital following the incident for injuries to his head, face, neck, back and hand. He was also ruled as having a possible concussion and eye damage, said Edwin Hollern, the plaintiff’s attorney on Oct. 27.
Hollern previously said the remedy for the incident is compensatory damages and punitive damages, asking each in excess of $25,000, according to court documents.
On Sept. 28, Berry was involved in what an OSU police report described as an “assault” on another student. Berry was admitted and released from the OSU Medical Center and no charges were filed. In this incident, two males were witnessed “wrestling on the ground” in the South Oval, according to a police report.
In 2009, Berry was arrested on a marijuana possession charge in Miami, Fla. Berry dressed for the Michigan State game on Oct. 1, the first game after his Sept. 28 incident. He was also dressed for the Wisconsin game on Oct. 29, the first game after he was named in a lawsuit for the second incident.