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Explaining the inexplicable Hockey father's statement could haunt him at trial
It was virtually impossible to follow sports last year without noticing the proliferation of misbehavior and violence among parents attending their childrens' games. Of all the shocking and shameful acts, however, one drew particular attention (Sports Illustrated, "Out of Control," July 24, 2000). What could have transpired between two dads at a suburban ice hockey rink to leave one dead? Just before 6 p.m. on July 5, 2000, Thomas Junta tried to explain to two police officers what led to his beating of another father after their sons' hockey practice in Reading, Mass. As Junta was giving his version of the events, Michael Costin, who had been skating with his three sons, was lapsing into an irreversible coma in a nearby emergency room. Junta's 33-page explanation will cause him significant problems when he faces trial in early September on a charge that could lead to 20 years in prison. According to the statement filed in Middlesex Superior Court, the 275-pound Junta admitted that he threw Costin to the floor and beat him until his fists were sore. The 42-year-old truck driver made this admission despite repeated warnings that it could be used against him. And it will be used against him as prosecutors in Cambridge, Mass., try to show that he killed Costin without meaning to and is guilty of manslaughter. In the statement, Junta claimed that Costin had allowed the stick practice to turn "chippy" and that Junta's son was hit in the face as the session ended. Junta told police that in the locker room he yelled at his 10-year-old son, Quinlan, urging him to play tougher, "to defend yourself and stuff." When Costin saw Junta yelling at Quinlan, he said to Junta, "That's just the way [hockey] is played." Junta told the investigators he replied to Costin in a rage: "No, it isn't. It's bullsh--. There was a lot of swearing. Now I was shaking a little, you know, because I get shaky now and then and stuff." The fathers tussled briefly with Costin still in his skates and pads. Rink officials and other patrons intervened, and according to assistant district attorney Gerard Butler Jr., Junta was "asked to leave." In his statement to police, Junta claimed he left the premises voluntarily. Either way, all parties agree that Junta returned to the rink and came upon Costin without his skates and pads. "It was like a mutual lunge," Junta told police in describing the start of the second altercation. "But you know, I got the upper hand. I guess I outweigh him a little bit . . . We're on the floor and stuff, and he's kicking me and trying to hit me, and I'm hitting him. And I only recall maybe throwing maybe two or three more punches." Police records show that Junta outweighed Costin by 100 pounds. Witnesses said Junta landed four to six punches to Costin's head and then banged his head on the floor twice. Asked by police whether he had pounded Costin with his left or his right, Junta said, "It could have been a left and a right, maybe. I don't recall which one, but they're both sore." In his account, Junta seemed unaware of the extent of Costin's injuries. "The guy kind of like sat up," Junta said. "I had seen him bleeding from his nose and stuff, and then he like laid back down and sh--, and I just stood there. I didn't like try to run or hit him anymore or anything ... I waited for you guys [the police]." "I wish it had never happened," he concluded in his statement, "and I hope the other guy's fine." Junta's lawyers will fight to bar their client's statement from the trial, but they are unlikely to succeed. They will also focus their efforts on a box of pills found in Costin's pocket. The 13 prescription medications included Prozac and three drugs designed to fight anxiety and seizures. Junta's lawyers will try to show that the drugs somehow made Costin violent. It will be a tough sell to the court. In all likelihood, the jury will hear plenty about Junta's statement and probably nothing at all about Costin's prescription medication. Sports Illustrated legal analyst Lester Munson holds court on sports law and
business matters every week on CNNSI.com. The opinions expressed here are solely
those of the
writer.
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