DETROIT -- The death of ex-University of Michigan sports
booster Ed Martin could hamper the obstruction of justice and
perjury case against Sacramento Kings star Chris Webber, lawyers
say.
Martin admitted he gave hundreds of thousands of dollars to
Webber and other former University of Michigan basketball players
while they were in high school and college.
Martin, 69, had been expected to testify in Webber's case. But
he died Friday of what is believed to have been a pulmonary
embolism.
Webber, his father and aunt were indicted on charges of lying to
a federal grand jury about his dealings with Martin in 1988-93.
Federal prosecutors may not be able to use Martin's grand jury
testimony in Webber's trial, which is scheduled to begin July 8,
because Webber's lawyer would be unable to question Martin, legal
experts say.
"I think the government's case has suffered a major blow,"
said Larry Dubin, a law professor at the University of Detroit
Mercy.
"A defendant has a right to cross examine or confront his
accuser -- and with Martin dead, that's no longer possible," said
Detroit defense attorney Mark Kriger. "The evidence that he gave
before the grand jury was not subject to cross examination, so it is
not admissible. It's hearsay."
Other witnesses or records might support the charges against
Webber. But Dubin said those witnesses likely would not have the
same detailed knowledge as Martin.
"Without a key witness to provide the context in which all of
these transactions took place, the government is at a major
disadvantage," Dubin said.
Martin's defense attorney agreed.
"Mr. Martin was an integral and perhaps a vital part of the
case the government intended to present," William Mitchell III
told The Detroit News.
Messages seeking comment were left Sunday with officials in the
U.S. attorney's office in Detroit, which investigated Martin for
four years and is handling the case against Webber.
Webber's father Mayce Webber Jr. and aunt also face obstruction
of justice and perjury charges for allegedly lying about the
family's dealings with Martin.
Webber attorney Steven F. Fishman declined comment.
Martin pleaded guilty in May to conspiracy to launder money. The
ex-auto worker told prosecutors he took gambling money, combined it
with other funds and lent $616,000 to four Michigan players while
they still were amateurs. He was awaiting sentencing at the time of
his death.
In addition to Webber, the players were Robert Traylor of the
New Orleans Hornets; Maurice Taylor of the Houston Rockets; and
Louis Bullock, who has been playing professionally in Europe.
Taylor declined comment when asked to speak about Martin's death
after Houston's practice Sunday afternoon.
Martin's name first surfaced after Taylor lost control of his
car on Feb. 17, 1996. Taylor was returning from a party in Detroit
with four teammates who were entertaining Mateen Cleaves on his
official recruiting visit.
When Michigan found out that the recruiting visit included a
visit to Martin's house, the school began to investigate his
affairs with the basketball program.
The scandal originated in the "Fab Five" era, when Webber and
four other freshmen created a national sensation. With their baggy
shorts and black socks, Webber and future NBA players Juwan Howard
and Jalen Rose led the Wolverines to consecutive NCAA finals in
1992 and 1993.
In November, Michigan banned itself from postseason play this
season and forfeited 112 regular-season and tournament victories
from five seasons, plus its victory in the 1992 NCAA semifinal.
On Friday, a delegation from the university appeared before an
NCAA infractions committee to answer questions about the booster
scandal. A ruling is expected in the next five to seven weeks. It
could accept Michigan's penalties or assess more sanctions.