Tuesday Feb 02 2010
Judge denies request for stay of CIF ruling
By: Eric J. Gourley, Journal Sports Writer
Barry's ineligibility upheld in court decision
ROSEVILLE — A judge has rejected a request to stay the California Interscholastic Federation denial of a Del Oro High transfer’s basketball eligibility. Placer County Superior Court Judge James D. Garbolino denied the request of French native Remi Barry Tuesday morning. Barry’s petition “cites to no insufficiency of evidence, fails to explain how the law was misapplied or made in excess of the CIF’s jurisdiction, or in what manner the process of hearing and appeal were unfair," the judge wrote in his decision. The CIF’s opposition to the request, on the other hand, “demonstrates that substantial evidence supports their determination that the transfer to Del Oro was athletically motivated, principally by a former assistant coach at St. Mary’s College in Moraga,” Garbolino wrote. Chris Hendricks, whose family has housed Barry since he moved to Loomis in late August, said the decision came as a surprise. “It’s not over,” Hendricks said Tuesday afternoon. “It’s definitely a setback and a disappointment but its not over. We certainly don’t believe the matter was handled in an appropriate manner, and we’re looking at ways to cure that.” In his ruling, Judge Garbolino sympathized with Barry about his situation at Florida’s American Heritage last year, where the 6-foot-7 senior lived in a house he described as having “a social environment of racism.” “If the unfortunate events in Florida occurred as Barry recounts them, his reasons for declining to return to school there are understandable,” the judge wrote. “However, the critical point is not whether Barry had good reason to transfer away from Florida – it is whether there were recruiting violations connected with his enrollment at Del Oro… The circumstances by which Barry was ‘placed’ at Del Oro fall clearly into what CIF bylaws clearly forbid.” The court found that staying the decision would be “contrary to the public interest.” If Barry played in any of the Golden Eagles’ six remaining regular season games and the court ultimately sided with the CIF, “the sanctions which CIF may impose against Del Oro are numerous and potentially severe: any games won could be forfeited by Del Oro, records could be set aside, honors and awards could be reclaimed by the CIF, standings forfeited, future ineligibility for future meets and tournaments, and more.” “Based upon the dearth of evidence supporting the Petitioner’s request for ex parte relief, the court finds that the risk of substantial damage to Del Oro’s athletic program is palpable,” Garbolino wrote. “Accordingly, the request for ex parte relief is hereby denied.” Barry’s attorney, Mark A. Campbell, filed paperwork at the Bill Santucci Justice Center last Friday seeking temporary legal action that would have overturned the CIF’s denial of the senior’s eligibility. “I don’t think things were done correctly,” Campbell said. “I have some ideas, but until I go through and those ideas become firm I don’t really want to talk about them. I’ve got some direction but I want to make sure I’m sure of what I’m doing before I start disclosing.” Barry hasn’t played in a high school game since American Heritag fell to Pine Crest 62-59 in the Florida Class 3A state championship on Feb. 24, 2009.