Judge: Furcal Can Play Ball
Braves Player Ordered to Wear Monitoring Device
Posted: 6:25 am EDT October 6, 2004Updated: 1:08 pm EDT October 6, 2004
MARIETTA -- A Cobb County judge ruled Wednesday that Atlanta Braves shortstop Rafael Furcal must report to jail for a DUI infraction but only after the team's season ends.
For the rest of the season, Furcal must remain in home confinement. He can play games but must return home or to a hotel if on the road, Superior Court Judge David Darden said Wednesday.
"Don't take it lightly," Darden said. "The court is concerned a second violation might indicate he has a problem with judgment with regard to alcohol."After the playoffs end, Darden said Furcal must serve 21 days in jail and another 28 days in a substance abuse treatment center. The judge ordered Furcal to wear a monitoring device during the duration of the playoffs except when he is playing. His sentence is set to begin at 5 p.m. the day after the season ends for the Braves.Furcal also must blow into a portable breath-testing machine when called by a monitoring service affiliated with the probation department. The machine, hooked up to a cell phone and video camera, will relay the test results to officials."He can be called at any time and he won't know when he will be called," said Barry Morgan, the Cobb solicitor.The ruling on Furcal's fate came hours before the Braves open their divisional playoff series with the Houston Astros. Furcal was arrested Sept. 10 for allegedly driving under the influence, his second DUI arrest in four years. Furcal was on probation in Cobb County for a June 2000 arrest on similar charges. He had been scheduled for a court hearing Friday for that probation violation.The 26-year-old shortstop, wearing a warmup jacket with NBA star Allen Iverson's nickname on the back, appeared in court Wednesday morning with a translator.He spoke little during the hearing, answering "yes" or nodding several times when the judge asked him if he understood the proceedings. A translator repeated the questions in Spanish for Furcal, who is from the Dominican Republic.Morgan said the sentence reflected that Furcal had 49 days left on his probation. He said he was allowed to continue playing because he accepted responsibility. "I think one of the positive examples is that he has admitted he has a problem," Morgan said. Defense attorney William Head said Furcal has seen a counselor since his September arrest. "Mr. Furcal is very interested in turning this bad situation into something positive down the road," Head said. Head said one of the most important issues for Furcal's defense team was making sure the shortstop would not miss postseason games. If the Braves reach the World Series, the season could last until Oct. 31. Braves general manager John Schuerholz said from his office Wednesday he was unaware of the sentence and had no immediate comment. "He and his attorneys are handling that," Schuerholz said. Furcal does not plan to challenge current DUI charges against him in Atlanta, and his team hopes to reach a deal in which any possible jail time could be served at the same time as his sentence for the parole violation, he said. Head said one concern about the ruling is how Furcal would handle a possible Braves championship. Players traditionally celebrate with champagne in the locker room, and the judge ruled Furcal may not drink alcohol or participate in postgame celebrations.The judge also ruled Furcal may not drive at least until after serving his sentence.Some spectators who were outside the court said the sentence was not fair, and suggested that Furcal was the beneficiary of his fame and status."What happens when we give him a third strike and somebody's child gets killed?" said Michael Thomas."There's no justice," said Charlie Lussier. "If it were you or me or anybody else we would be paying the price. Money allows you not to pay the price."Furcal, the 2000 National League rookie of the year, batted .279 with 14 homers, 59 RBIs and 29 stolen bases this season.The Braves will travel to Houston Friday for the third game of the best-of-five series to be held the following day. Game One is scheduled for 4:09 p.m. Wednesday in Atlanta, with Game Two on Thursday.Channel 2 Action News reporter Lynn Harasin contributed to this report.
For the rest of the season, Furcal must remain in home confinement. He can play games but must return home or to a hotel if on the road, Superior Court Judge David Darden said Wednesday. Copyright 2007 by WSBTV.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.











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