Barry's legal battle will stretch into next week
Judge who upheld eligibility denial agrees to disqualify himself
Another judge disqualified himself Saturday from ruling in the case of a Del Oro High transfer whose legal battle for basketball eligibility will stretch into next week. Placer County Superior Court Judge James D. Garbolino agreed to remove himself from the case two days after Mark A. Campbell, the attorney for French native Remi Barry, filed a peremptory challenge to disqualify the judge based on his marriage to the mayor of Roseville, where three of Del Oro’s rivals are located. Barry’s fate appeared to have been decided Tuesday when Judge Garbolino rejected a request to stay a California Interscholastic Federation denial of the senior’s athletic eligibility. The temporary reversal of the CIF decision would have made Barry eligible to play for the Golden Eagles, who have four remaining regular season games after falling to Oakmont 72-65 Friday night. In a hearing Friday morning at Auburn’s Historic Courthouse, Campbell filed a motion to set aside Judge Garbolino’s prior order. The motion was referred back to the presiding judge, who assigned it to Judge Robert P. McElhany. Judge McElhany met Campbell and two CIF legal representatives and began to review documentation before asking for more time. The judge will accept additional briefing by 11 a.m. Monday. “My understanding is that he intends to rule promptly thereafter,” Campbell said. If the 6-foot-7 Barry will suit up this season, the court will first have to set aside Judge Garbolino’s rejection of the stay, then hear Campbell’s motion again and agree to temporarily reverse the CIF decision. “We’ve been put now two steps away and of course games are passing,” Campbell said. Campbell said it’s “definitely possible” that a decision will be made Monday allowing Barry to take the court for Del Oro’s next game at Roseville Wednesday night. The Sac-Joaquin Section and CIF contend that Barry’s transfer was “athletically motivated” under its bylaws, and Judge Garbolino upheld the decision. The judge is the second to disqualify himself from Barry’s case after Judge Charles D. Wachob’s voluntarily removal on Monday. A group supporting Barry’s battle on popular social networking site Facebook was closing in on 1,000 members Friday afternoon. Brett Bacharach, a Del Oro sophomore and tennis star, created the unofficial petition “2,000 People to let Remi Barry play Del Oro Basketball!” last month. The group’s wall displays pleas from both Golden Eagle faithful as well as students at rival schools around the Sierra Foothill League.
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Way to fight for your rights Remi. There are many people behind you regardless of how far along the season is.
FREE REMI!
FREE REMI!
Free all the Remi's who have no control themselves in situations like this.
Yeah great Del Oro kids leading a free Remi sight, let him play so that now every school can start landing kids and we can be like the NBA with just kids from overseas
Get over yourself-the season's practically over-let the kid get some playing time! Not like this is going to make some great impact on the D.O. season Jamesbees. But, maybe, just maybe it will open peoples eyes to how the CIF reacts to transfers.
The Sac Bee reported that the SJS approves over 96% of their transfers. This was not only about a transfer, but an athletically motivated transfer. That is what jamesbees is trying to say.
Thanks commonsense, let him play for what reason because he was brought here by a college coach to hide him at Del Oro. this is the truth and the bottomline so again he should not be allowed to play the CIF is right on this one sorry.
jamesbees and commonsense1979 are very imaginative... hide Remi? What's that got to do with anything? He's a kid that lives in the Loomis area; he's attending the local high school. How is he hiding? He seems pretty out in the public to me. You have no proof this kid was 'shopped' to Del Oro.
One thing is clear, neighboring communities are very passionate in their objection to Remi playing. It appears this is a wins & losses issue despite the season being nearly over.
It's a shame a legitimate high school student is being denied his main extracurricular love in his final year of high school. Remi continues to keep up his studies and exhibit much restraint throughout the current basketball season. Most of the kids I've known want to play with and against the best. It's an American concept. Remi probably studied about it in France; America home of the free...
jamesbees: sounds as if you don't think foreign players should be in the NBA either. The NBA wants the best players james, but that's a whole different subject you're wrong about too.
Dangdude listen I do not have anything against foreign players in the NBA, ok let me change what I said maybe not hide, but he (Moss) sent him to Hendricks and Del Oro to eventually end up at St. Marys are you and every other Del Oro fan blind to what happened. I don't care if every kid wants to play against him, bottomline he got here under circumstances that broke the rules and he should not be allowed to play. The kid was shopped to Del Oro are you blind he lives with Hendricks who paid his airfare, and I am sure the Del Oro coaches knew nothing that's a joke and you have to be a fool to believe that. If not Broyles maybe one of his assistants knew, but either way they knew and probably tried to make contact with kid or Moss. I would like to see some phone records that would be interesting
jamesbees: "ok let me change what I said"
So Dangdude, it's not the "this is the truth and the bottom-line" any longer - jamesbees changed it. It's a different truth now. He also has proof of all these allegations rather than just heresy. (not).
The CIF evidently goes by heresy also.
Chaser nice to see you on the board, but will you be here after they tell this kid no again. I don't get what some of you blind people think, the CIF is not just going on heresay, they actually have proof that Moss was shopping this kid have you missed that part of the story. Good for the kid being at Del Oro, but had Moss not shopped the kid he would have not ended up Del Oro do you get that, and yes it was athletically motivated. Did Moss get resign from St. Marys or did he get forced to because of this issue, I am sure St Marys didn't want the NCAA down there neck for what Moss and Hendricks were doing which I think is illegal in the NCAA, but I guess it is ok in high school right Chaser
Jamesbees--do not waste your time anymore. People just want him to play no matter the reasons. I am sure the judge will render a decision today.
Can't you haters just drop it all ready. Maybe some of you are jealous for one reason or another. I really doubt this has anything to do with what is right or wrong!