The Daily Spectrum from Saint George, Utah • Page B3

Desert Valley Timesdvtonline.com 3B SPORTS RECREATION 346-3100 lientS 15 earS SU-0000211195 Weappreciatethe opportunitytoserveyou. www.barney-mckenna.com Attorneyswithfocused areasofpracticeand committedtoserving yourneedsinamanner wewouldexpectfor SALT LAKE CITY A judge on Monday ordered a suspended University of Southern California football player to stand trial on rape charges after a 19-year-old woman said marijuana and alcohol left her nearly unable to move during the attack following a summertime party in Utah. She testified that the sexual assault left her scared, helpless and injured, while Utah prosecutors laid out evidence against Osa Masina, 19 at the same hearing. The Utah native also has been investigated on similar allegations involving the same woman in California, but criminal charges have not been filed in that case. His lawyer, Rebecca Skordas, said Masina told police that the sex was consensual.

The woman said that before the assault, she considered Masina a friend, whom she had known from high school in suburban Salt Lake City. She said she was on a couch in a basement and felt like I needed to get out of there as soon as I She was treated by a sexual-assault nurse shortly after she made her way home, according to charging documents. The Associated Press generally does not name people who say they are victims of sexual assault. Masina watched the testimony impassively, sometimes closing his eyes. He declined to testify or comment after the hearing.

He is charged with one count of rape and two counts of forcible sodomy. Skordas said the burden of proof is low for a case to head to trial, and judge get to decide Masina is expected to enter a plea Friday. Prosecutors said Masina raped the woman after she drank alcohol and ate part of a marijuana cookie with him at a July 25 party in the city of Cottonwood Heights. He and his teammate Don Hill also were investigated after the woman said she was sexually assaulted two weeks earlier when she visited Masina in California, court documents say. She said the pair assaulted her at off- campus apartment after giving her marijuana, alcohol and the anti-anxiety prescription drug Xa- nax.

Masina took video and sent it to the ex- boyfriend, authorities said. The woman said she remembered parts of what happened in California but tried to deny them before she reported the Utah assault. just hated the thought that someone I thought was a friend could take advantage of me like she said. Suspended USC football player faces trial on charges of rape LINDSAY WHITEHURST ASSOCIATED PRESS NEW ORLEANS The man who killed retired New Orleans Saints star Will Smith faces up to 40 years in prison after being convicted of manslaughter, rather than the more serious second-degree murder charge he faced. Cardell Hayes was found guilty Sunday night after insisting that he only fired because the popular football star was drunk and violent and had grabbed a gun following their collision in traffic last April.

No one else testified Smith ever held his gun, which was found loaded but unused inside his car. Smith was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina hit in 2005. He helped carry the team to a winning season in 2006 and a Super Bowl win four years later. His death in a dispute over traffic was shocking, even for a city where residents are accustomed to a high rate of homicides. Hayes, 29, will be sentenced on Feb.

17. He also was convicted of attempted manslaughter for wounding wife, Racquel Smith. Amurder conviction would have sent Hayes to prison for life. Now family is focused on persuading the judge to deliver a harsh sentence. main focus of Will family is to see Mr.

Hayes justly sentenced for the murder he so callously a statement from their publicist said. of the upcoming sentencing hearing, in which Racquel will provide a victim impact statement, she does not feel it is appropriate to comment on the facts of the case at this Friends and relatives of Hayes, a former semi-pro football player who owns a towing company, left court without commenting Sunday night. District Attorney Leon Cannizzaro said he would have a news conference on Monday. defense said popularity led to a rush to judgment by police and prosecutors. Assistant District Attorney Laura Rodrigue countered that the defense was trying to smear Smith.

Apathologist report showed Smith was legally drunk that night, after spending time at the annual French Quarter Festival, a bar and two restaurants. He was driving with his wife and another couple, who were traveling with a group of friends in several cars when his Mercedes SUV may have lightly bumped Hummer. Smith then drove off, with Hayes in pursuit. Hayes vehemently denied intentionally ramming the SUV moments later he said he was trying to dial 911 to report a hit-and-run and realize how close their cars were. The jury appeared to agree with Hayes on this point, finding him not guilty of aggravated criminal damage to property.

Hayes said he armed himself only after he and his own passenger were accosted by Smith and Richard Hernandez, a passenger in Mercedes. Hayes also testified that Smith notice his handgun until Hernandez alerted him to it. And he said he only fired after Smith went back to his car to grab his own gun. Assistant Orleans Parish District Attorney Jason Napoli repeatedly noted that no other witness said Smith was armed, and that Hayes never told investigators he saw a gun in hands that night. never gave a full statement to Hayes responded.

Napoli said in closing arguments that Smith as Hayes fired into his body, once in the side and seven times in the back. young man tried his best, trying to avoid doing what he had to defense attorney John Fuller shouted during his thundering closing, which lasted more than three and a half hours. Saints coach Sean Payton was in court for the late Sunday verdict. A host of past and present Saints players, including former safety Steve Gleason, current quarterback Drew Brees and former running back Deuce McAllister, also attended the trial. NFL killer guilty of manslaughter, not murder KEVIN MCGILL ASSOCIATED PRESS AP Cardell Hayes was convicted of manslaughter Sunday in the fatal shooting of retired New Orleans Saints defensive leader Will Smith.

main focus of Will family is to see Mr. Hayes justly SMITH FAMILY PUBLICIST IN A STATEMENT NEW YORK The NFL says no formal complaint was filed last week by the New York Giants, who reportedly alerted the league that the Pittsburgh Steelers were using deflated footballs during their game. Fox reported Sunday that after the Giants forced two turnovers during their loss last Sunday, they tested the footballs on their sideline. After both of the footballs tested below the NFL standards for PSI, according to the report, the Giants sent them to the league office. The NFL issued a statement Sunday saying: officiating game ball procedures were fol- lowed and there were no chain of command issues.

All footballs were in compliance and no formal complaint was filed by the Giants with our Fox reporter Jay Glazer, who had the report, wrote on Twitter that the NFL was in saying no FORMAL complaint was FILED, Giants tested balls informed the NFL they were under legal limit. Giants New Tom Brady was suspended the first four games of this season as a result of his role after an NFL investigation concluded the team intentionally underinflated footballs used in the 2015 AFC Championship game. Giants alerted NFL that Steelers used deflated balls ASSOCIATED PRESS The Supreme Court on Monday rejected the final two challenges to the estimated $1 billion settlement between the NFL and thousands of its former players who have been diagnosed with brain injuries linked to repeated concussions. Players who already have been diagnosed with Lou disease, or dementia could begin receiving payments in 90 to 120 days. is a historical moment for the retired player community who, in the face of great adversity, took on the said attorney Christopher Seeger, who represented the class of more than 20,000 former NFL players now eligible for payments for the next 65 years.

the difficult health situations retired players face today, and that many more will unfortunately face in the future, they can have peace of mind knowing that this benefits will finally become available to them and will last for decades to The league has estimated that 6,000 former players or nearly three in 10 could develop disease or moderate dementia. Payments could be as high as $5 million for those with Lou disease, also called amyotrophic lateral sclerosis, or ALS; the average payout is expected to be closer to $190,000. Seeger said more than 11,000 have pre-registered for benefits. will make sure that every single eligible retired player takes advantage of this he told reporters in a conference call. will be undertaking a massive education effort to ensure that all former NFL players know about the benefits and understand how to file a The class-action lawsuit filed in Philadelphia accused the NFL of hiding what it knew about the link between concussions and chronic traumatic en- cephalopathy, the degenerative brain disease that has been found in dozens of former players after their deaths.

Senior U.S. District Judge Anita B. Brody approved the deal last year after twice sending it back to lawyers over concerns the fund might run out. The deal was upheld by the 3rd U.S. Circuit Court of Appeals in April.

must hesitate before rejecting that bargain based on an unsupported hope that sending the parties back to the negotiating table would lead to a better Judge Thomas L. Ambro wrote for the unanimous three- judge panel that affirmed the settlement. But two separate petitions one from the family of late Buffalo Bills fullback Cookie Gilchrist, and the other from a group of 31 players that included including 1996 Super Bowl MVP Larry Brown and Hall of Famer Charles Haley asked the highest court to stop the settlement. Their re- quests for a Supreme Court hearing were rejected without comment from the justices on Monday. The NFL admitted no fault as part of the settlement, though a league official did acknowledge during congressional testimony that there is a link between football and CTE.

The deal avoids the need for a trial and means the NFL may never have to disclose what it knew and when about the risks and treatment of repeated concussions. Still, Seeger said, much progress has been made. this lawsuit was first filed, discussions over concussions and player safety in the NFL were rare, and holding the NFL accountable seemed almost Seeger said. with the help of these players, more and more attention is placed on the issue of safety and head injuries in sports. Those who had the courage to file suit and take on this cause deserve tremendous credit for what they have In a statement, NFL spokesman Brian McCarthy said the league was pleased with the decision.

look forward to working with class counsel and Judge Brody to implement the settlement and provide the important benefits that our retired players and their families have been waiting to McCarthy said. Critics complained that the settlement approved by Brody does not cover future CTE cases. The lead negotiators said they instead set aside compensation for treatment for some CTE symptoms. That does not include the depression, aggression and mood swings reported by some former players who experienced repeated concussions. Other payments are expected to be around $4 million for past CTE deaths and $3.5 million for advanced disease.

will not need to prove that their diagnosis is the result of NFL football to receive an Seeger said. lawyers who negotiated the deal with the NFL and stand to split $112 million in fees say the settlement will help families get needed financial awards or medical testing that might take years if the case went to trial. Ambro agreed. for players who are coping with these symptoms now is surely preferable to waiting until they die to pay their estates for a CTE the judge wrote. Seeger closed his comments by thanking former New England Patriots and Philadelphia Eagles fullback Kevin Turner, who was the lead plaintiff in the litigation.

Researchers announced last month that Turner suffered from CTE to a degree that they had not seen for an athlete who died in his 40s. really important that people understand that without the commitment that Kevin made, it be possible to get where we Seeger said. end this on somewhat of a sad note that Kevin be here to see Supreme Court upholds $1B settlement for NFL concussions JIMMY GOLEN ASSOCIATED PRESS.