Negotiating table

Plea bargain likely for Iverson on remaining charge

In Monday's preliminary hearing, a Philadelphia judge dismissed all the charges against Allen Iverson except two counts of making terroristic threats, a misdemeanor charge. Sports Illustrated legal analyst Lester Munson discusses Iverson's day in court.

CNNSI.com: Please explain what “making terroristic threats” means.

Munson: This is another term for “assault.” This means that there was a threat made, one that causes the victim to think he is in imminent danger of harm or injury. There is no actual touching involved; nobody hits anyone else. It's just a threat made by words and by physical (non-touching) actions that were meant to intimidate.

CNNSI.com: How likely is a plea bargain?

Munson: With only one charge left -- and just two counts -- a plea bargain is very likely. It is probable that Iverson and his lawyers can make peace with the victims. If the victims somehow become reluctant to testify against Iverson (perhaps after making a settlement with Iverson), then the prosecution has a very thin case and their leverage in plea-bargaining would be vastly reduced.

CNNSI.com: How did the prosecution make the "terroristic threats" charge stick and not the others?

Munson: At the end of all the testimony, and considering what the victims had to say, the judge felt that it was probable that Iverson had threatened both victims. The prosecution did not have to prove much at this hearing. It must show only probable cause that a crime was committed -- it does not need to prove anything beyond a reasonable doubt, as it would later in a trial.

CNNSI.com: Where did the prosecution fail regarding the rest of the charges?

Munson: The evidence from the prosecution failed on the gun allegation. The gun was the key element in the felony charges, and it was never found. If they have no proof that Iverson had a gun, the case becomes radically different, and that's what happened.

CNNSI.com: What role do you think Iverson’s celebrity played here?

Munson: I would say his celebrity had a limited role here. More important is his wealth: He can hire top-notch lawyers and skilled investigators, who came into the hearing ready to attack and destroy much of the prosecution’s case.

In most cases, this hearing would have been a perfunctory, routine procedure that would last 30 minutes and the charges would have remained. When you have expensive lawyers and skilled investigators, you can use them to turn this hearing to your advantage, and that’s what Iverson did.

CNNSI.com A trial date will be set on Aug. 1. What happens after that?

Munson: As the trial approaches, both the prosecution and the defense will try to negotiate a plea bargain. If they can’t reach an agreement, then there will be a trial on the two remaining counts.

Sports Illustrated legal analyst Lester Munson regularly holds court on sports law and business matters on CNNSI.com.

 

Related information

Stories

Judge dismisses all but one charge vs. Iverson Steve Rushin's Air and Space: Summery Judgment

Multimedia

Visit Video Plus for the latest audio and video