Delay expected in Mark Sanchez trial

INDIANAPOLIS — During a pre-trial conference in the case against former NFL quarterback Mark Sanchez, defense attorneys told Judge James Osborn that their client may not be well enough to face trial on Dec. 11.

”Thank you for allowing our client to be excused from today’s hearing,” said Timothy Delaney, Sanchez’s attorney. “He’s still recovering from the injuries he sustained and the medical intervention, so that process is ongoing. It may impact some of the dates but right now we’ll mark our calendars.”

The State was not surprised by the heads-up delivered by the defense team, Deputy Prosecutor Daniel Cicchini told me outside the courtroom.

“The case is progressing normally and we look forward to the discovery process and we’re continuing to work with our partners in law enforcement, developing facts and information and we’ll see you in December.”

“Think his medical condition will halt a conclusion of this case in December?” I asked.

“Don’t know an answer to that question yet, but I doubt December is a realistic trial date,” said Cicchini.

Sanchez was stabbed more than once as he tangled with Perry Tole, the driver of a cooking oil recycling truck, in the alley between the Westin and Downtown Marriott hotels early on the morning of Oct. 4.

Sanchez was part of the production and talent crew in Indianapolis that weekend to cover the Colts/Raiders game for Fox Sports.

Tole, 69, told investigators that Sanchez was acting erratic and was angry over where the driver had parked his vehicle in a loading dock.

A fight ensued and Tole said he stabbed the Fox NFL analyst in self-defense.

Tole received a severe facial laceration. He does not face any charges.

Sanchez is charged with three misdemeanors and a felony count of Battery Causing Serious Bodily Injury, a crime punishable by a term of one to six years in prison.

Sanchez remained hospitalized for a week, finally released on the morning of Oct. 12 when he reported to the Adult Detention Center to have his fingerprints and mug shot taken and was then processed and released on $300 bail.

Outside the Community Justice Center that morning I asked Sanchez if he had any message for the people of Indianapolis.

“Right now I’m just focused on my recovery, and I just want to thank first responders,” he said, “Eskenazi Hospital, Marion County Sheriff and Indianapolis Police Department, Metro PD, but I’m focused on my recovery and I just want to see my wife and I want to see my son and my two baby girls.

“There’ll be a day to answer all these questions, and unfortunately, today is not that day.

“Just the real thing here is I just want to thank Dr. Mosler, the surgeon, she saved my life. I’m grateful for that,” he continued. “I’m recovering slowly now. Long process.”

Sanchez is represented by the law firm of noted Indianapolis defense attorney Jim Voyles who has handled high-profile cases before, often bargaining his clients to guilty pleas on reduced charges.

”I would say that this would be quickly pleaded down to a misdemeanor,” veteran civil and defense attorney Jeff McQuary, not associated with Sanchez’s case, told FOX59 News. ‘The fact that he is a former NFL star and a current Fox Sports personality is probably going to wind up dragging things out.”

McQuary said that similar fights with criminal charges such as these often result in quick pleas and reduced sentences, but Sanchez’s notoriety may result in more scrutiny.

“Let’s face it, a celebrity is involved, the rules are different for them, and this may be one of the cases where it actually works against him to be a celebrity instead of in his favor.”

Sanchez and Fox Corporation are also being sued jointly by Tole, who claims the network should have known its employee had a tendency for alleged erratic and violent behavior.

During the ongoing discovery process, the State will seek to secure access to results of Sanchez’s toxicology tests which may reveal if the defendant, who is charged with public intoxication, was under the influence of any substances the morning of the fight, as well as interviews with Sanchez’s Fox Sports coworkers and any downtown witnesses who may have observed his behavior leading up to the incident.