 "Photo: 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.
"Disciplining yourself to do what you know is right and important, although difficult, is the high road to pride, self-esteem and personal satisfaction." (Brian Tracy quote) Hopefully you will come clean and tell the truth, take responsibility for your actions and deal with the consequences. Your family is probably so embarrassed by your actions for the past few years, make them proud and assume responsibility when you do wrong. From what I have read and heard on the news, you are just delaying your jail time and in the meantime making a joke of yourself, your family, your school, team, and others.Every little boy wants to be a football player, as an OSU Football player you could have led by example in a positive way but instead you chose to go in the wrong direction, the drugs, the fight at school, the assault, I assume are just a few things we know about you. I hope you find peace in yourself and do some soul searching and come clean not only for yourself but for others. Coming clean would be more impressive than hiding behind the truth, set yourself free and move on with hopefully a brighter future.