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A rumor for the past few months, Frank Solich’s contention he was drugged on the night of his arrest for drunken driving has become an official legal matter.
Solich’s attorney said Friday he has filed a request asking the Athens, Ohio, Municipal Court to examine a drug test and consider overturning the Ohio University football coach’s Nov. 28 conviction. A police report from Solich’s Nov. 26 arrest indicates he was slumped over the wheel of his vehicle, which was still in drive facing the wrong way on a one-way street.
The coach’s attorney, Sam Shamansky, said Solich’s original plea of no contest was given “without complete understanding of the facts of the case.”
A test performed in January on a hair sample from the former Nebraska head coach showed positive for GHB (gamma hydroxybutyrate), also known as the date rape drug. Shamansky said Solich was unaware of ingesting GHB, which is commonly mixed with alcohol and in low doses is known to cause drowsiness and dizziness.
Did someone slip GHB into one of Solich’s drinks the night of Nov. 26 at Casa Cantina in Athens?
Reached Friday, the coach referred all questions to Shamansky.
“I presume it could happen anywhere where malicious people spike drinks,” the attorney said. “It’s sad, but people do it. And for what gain?”
Ohio law says a defendant who seeks to withdraw a guilty or no contest plea after a sentence has been served must show the withdrawal is necessary “to correct a manifest injustice,” according to Athens city prosecutor Lisa Eliason. The court now will decide to either overrule Shamansky’s motion or allow a hearing before a judge to consider the merits of the case.
The Athens prosecutors office will contest Shamansky’s motion.
In 16 years of prosecuting DUI cases, Eliason said she’s never encountered a motion to withdraw a plea.
“It’s very rare,” she said.
Said Shamansky: “My hope is that the government (ultimately) sees fit to dismiss the case.”
Rumors that Solich had been drugged began circulating in Athens within weeks of his conviction. According to The Athens News, the rumors gained momentum when an e-mail attributed to Jon Dalton, Solich’s son-in-law, appeared on Internet bulletin boards and blogs. The author of the e-mail said he had been “cleared to share some information” about the incident.
The e-mail claimed an analysis of Solich’s hair taken after his arrest revealed “extremely elevated” levels of GHB. The e-mail also suggested that Ohio president Roderick McDavis did not support Solich and athletic director Kirby Hocutt going public with the information.
Solich earlier this week informed Ohio athletic department officials of the decision to file the motion.
School officials, including McDavis and Hocutt, declined comment Friday. The school instead released a prepared statement saying, in part, “We support Coach Solich’s right to bring this matter before the court for determination. It would not be appropriate for us to comment any further on the matter or on the facts or the arguments raised in the case while it is in litigation.”
A bartender at Casa Catina said nobody working there is commenting on the case.
Fired by Nebraska following the 2003 season, Solich was hired last year to turn around an Ohio program that had had just two winning seasons since 1982. The Bobcats went 4-7 in 2005.
A rumor for the past few months, Frank Solich’s contention he was drugged on the night of his arrest for drunken driving has become an official legal matter.
Solich’s attorney said Friday he has filed a request asking the Athens, Ohio, Municipal Court to examine a drug test and consider overturning the Ohio University football coach’s Nov. 28 conviction. A police report from Solich’s Nov. 26 arrest indicates he was slumped over the wheel of his vehicle, which was still in drive facing the wrong way on a one-way street.
The coach’s attorney, Sam Shamansky, said Solich’s original plea of no contest was given “without complete understanding of the facts of the case.”
A test performed in January on a hair sample from the former Nebraska head coach showed positive for GHB (gamma hydroxybutyrate), also known as the date rape drug. Shamansky said Solich was unaware of ingesting GHB, which is commonly mixed with alcohol and in low doses is known to cause drowsiness and dizziness.
Did someone slip GHB into one of Solich’s drinks the night of Nov. 26 at Casa Cantina in Athens?
Reached Friday, the coach referred all questions to Shamansky.
“I presume it could happen anywhere where malicious people spike drinks,” the attorney said. “It’s sad, but people do it. And for what gain?”
Ohio law says a defendant who seeks to withdraw a guilty or no contest plea after a sentence has been served must show the withdrawal is necessary “to correct a manifest injustice,” according to Athens city prosecutor Lisa Eliason. The court now will decide to either overrule Shamansky’s motion or allow a hearing before a judge to consider the merits of the case.
The Athens prosecutors office will contest Shamansky’s motion.
In 16 years of prosecuting DUI cases, Eliason said she’s never encountered a motion to withdraw a plea.
“It’s very rare,” she said.
Said Shamansky: “My hope is that the government (ultimately) sees fit to dismiss the case.”
Rumors that Solich had been drugged began circulating in Athens within weeks of his conviction. According to The Athens News, the rumors gained momentum when an e-mail attributed to Jon Dalton, Solich’s son-in-law, appeared on Internet bulletin boards and blogs. The author of the e-mail said he had been “cleared to share some information” about the incident.
The e-mail claimed an analysis of Solich’s hair taken after his arrest revealed “extremely elevated” levels of GHB. The e-mail also suggested that Ohio president Roderick McDavis did not support Solich and athletic director Kirby Hocutt going public with the information.
Solich earlier this week informed Ohio athletic department officials of the decision to file the motion.
School officials, including McDavis and Hocutt, declined comment Friday. The school instead released a prepared statement saying, in part, “We support Coach Solich’s right to bring this matter before the court for determination. It would not be appropriate for us to comment any further on the matter or on the facts or the arguments raised in the case while it is in litigation.”
A bartender at Casa Catina said nobody working there is commenting on the case.
Fired by Nebraska following the 2003 season, Solich was hired last year to turn around an Ohio program that had had just two winning seasons since 1982. The Bobcats went 4-7 in 2005.
