UPDATE: Jason Stinson Found Not Guilty

((HT: Louisville Courier-Journal/Riley))

A Jefferson County jury has acquitted former Pleasure Ridge Park High School football coach Jason Stinson on charges of reckless homicide and wanton endangerment in the death of a player in 2008.

The jury reached the verdict approximately 90 minutes after beginning deliberations in the case of sophomore lineman Max Gilpin’s death from heat stroke.

One of Stinson's attorneys, Alex Dathorne, summed his case to the jury this way:

"We’re talking about a football practice,” Dathorne told jurors. “Do you understand that?”

“We’ve got a man looking at prison time for being a football coach,” Dathorne said, telling jurors that football is, in itself, a risk and Max’s death three days after practice was an accident.

“Convict football, don’t convict this man,” Dathorne told jurors. “This man was doing what every coach in the country was doing that day.”

Complete coverage from the Louisville Courier-Journal is here in black...
Here are the closing arguments from the defense and the prosecution, thanks to our friends at WHAS-TV in Louisville...

Here's an interview with Stinson attorney Alex Dathorne, thanks to our friends at Fox 41

Closing Arguments Underway In Stinson Case

((HT: Fox 41/Louisville))

The end of the case for former Pleasure Ridge Park coach Jason Stinson came Thursday morning, after testimony from Dr. William Smock, an emergency medicine professor at the University of Louisville.

Smock testified by video that the attention deficit disorder drug Adderall was the main factor in causing the heat stroke that caused 15-year-old Max Gilpin to collapse on Aug. 20, 2008, at the end of practice. Gilpin died three days later at a Louisville hospital.

Jurors are set to begin deliberations in the case later today. Stinson also faces a charge of wanton endangerment.

Here's your early coverage from WDRB-TV in Louisville
Stephan Johnson got to stand outside of the courthouse ((again)) for his live shot...

H1N1 Cancels Kentucky HS Football Game

((HT: Cincinnati Enquirer/Ernst))

Bishop Brossart school officials on Wednesday cancelled Friday’s downstate football game at Elizabethtown after a Brossart player came down with a confirmed case of the H1N1 flu. Other players on the team, Brossart principal Richard Stewart said, have similar symptoms.

“Hopefully we’re pretty lucky and it was pretty confined,” Stewart said. “Right now, football’s a secondary concern.”

The Alexandria community was notified of the potential outbreak Wednesday afternoon, hours after Brossart officials called Elizabethtown to notify its school officials of the situation. Both sides agreed to cancel the game.

“One of my main concerns is that it was an away game,” Stewart said. “You don’t want to put a bunch of sick kids on a bus and send them all the way down and all the way back.

Brossart, a school of just 374 students, is in Class 1A – Kentucky’s smallest football classification. The Mustangs, in just their third year of varsity football, started the season 3-0 after losing the first 20 games in program history.

“We hate to do it, especially with the team on a roll,” Stewart said. “But the bottom line is we’re worried about kids’ health and safety.”

Brossart’s football team has just 34 players on its roster – freshmen through seniors. School officials said they hope the illness won’t further affect the schedule, but they can’t rule it out.

Defense Begins In Stinson Case

((HT: Fox 41/WDRB))

Judge Susan Schultz Gibson on Tuesday denied a request to dismiss charges against Jason Stinson. That's when the defense started presenting its case. The former coach is charged with reckless homicide and wanton endangerment in player Max Gilpin's death.

Five teenagers were the opening witnesses for the defense. One said Gilpin complained of feeling ill before practice and as players helped him off the field after he collapsed.

"He just kept repeating he didn't feel good," the teen said. He helped Gilpin off the field. "Then, he just stopped." Another teen said Gilpin complained of feeling ill at lunchtime and after school. "He wasn't really talking as much as he usually does," the teen said. "I asked him what was wrong. He said he didn't feel good."

The four players who testified Tuesday also said Stinson never denied players water and didn't berate them as they ran. Other witnesses have said Stinson called players cowards and threatened to run players until someone quit the team.

Prosecutors said Stinson ran players to excess as punishment. Stinson's defense says the practice wasn't unusually hard.

Dr. Dan Danzl, Chairman of Emergency Medicine at the University of Louisville, testified that Gilpin likely died from what's known as an exertional heatstroke -- common in young people.

Stephan Johnson got to stand outside the courthouse for his live shot again...

Prosecution Rests In Stinson Case

((HT: WDRB-Fox 41/Louisville))

The prosecution rested Monday in the Jason Stinson case.

Right after, Stinson's side asked a judge to find him not guilty. That's a standard request in criminal trials, when prosecutors have presented "all" their evidence. It rarely succeeds for the defendant and it did not Monday night. The procedure is called a "motion for directed verdict."

Jason Stinson's ((pictured, thanks Louisville Courier-Journal)) attorneys will begin his defense in a Louisville courtroom Tuesday morning. First, they wanted the judge to throw out the reckless homicide and wanton endangerment charges, arguing prosecutors had not proven their side. Judge Susan Schultz Gibson listened, but said "no." The jury will hear the rest of the case.

"I think there is sufficient evidence Max Gilpin died of a heat stroke. That the experience he went through at the practice, according to Dr. Casa, was such that certainly that contributed to the heats stroke, which ultimately led to his death. I think there is at least some evidence in the record of a failure to perceive the risk," said Susan Schultz Gibson, Circuit Judge.

Stinson's attorneys will argue that Stinson's actions as coach did not break any rules and that they did not contribute to football player Max Gilpin's death of complications from heat stroke. He was 15-years-old when he died in August of last year, three days after he collapsed at Pleasure Ridge Park football practice.

"We had a scheduled water break... then we had two unscheduled water breaks," said Stinson.

Stinson brought up his concern that players had water on that 94-degree day when Max became ill. He remembered players running extra sprints.

Stinson said he was calm and did not yell angrily at players or deny them water as some witnesses claimed. Stinson said he does not know when Max went down. No one told him Max was in trouble or struggling.

"After Max goes down, I can't tell you when he went down. Nobody said, 'Coach Stinson, Max is down.' or 'Coach Stinson, Max is struggling'," said Stinson.

"As a heat-related illness, he's the most critical patient I've ever seen," said Joseph Bratcher, Metro EMS.

After hearing the tape, jurors now have two different versions of Stinson's story to consider. Stinson's side may finish its case before the end of the week.

Here's Monday's courtroom wrap, thanks to our friends at Fox 41
Chris Turner stood in front of a monitor


Here are the tapes from the police interviews with Stinson as well
The Louisville Courier-Journal has live coverage from the courtroom

Doctors Disagree On Gilpin Diagnosis

((HT: WDRB-Fox41 Louisville))

An expert on heat stroke testified that Max Gilpin's body temperature was more than 109 degrees, when he collapsed last year at PRP football practice.

Douglas Casa's testimony came Thursday in the trial of Gilpin's former football coach, Jason Stinson. Stinson is charged with reckless homicide and wanton endangerment for Gilpin's death from heat stroke.

In court, Casa said his review of the case finds eight to ten other players showed signs of heat stroke that day. Casa said Max could have survived, if coaches had helped him sooner.

Two of Gilpin's doctors disagreed whether he was dehydrated when he arrived at Kosair Children's Hospital. One testified he'd been given about one-third of a liter of fluids in the ambulance.

Doctor Potter said doctors gave Gilpin as much as four liters of fluids at the hospital.

However, in ICU, his condition worsened to the point his organs stopped working, one by one.

Players Testify In Stinson Trial

((HT: Fox41/Louisville))

Four current and former high school football players testified Wednesday during the trial of a former high school football coach charged with reckless homicide that they ran hard the day a player collapsed.

All four, though, said former Pleasure Ridge Park High School coach David Jason Stinson ((pictured, thanks Bill Luster/Louisville Courier-Journal)) didn't deny anyone water on Aug. 20, 2008, the day sophomore offensive lineman Max Gilpin went down at the end of practice.

The four players testified in the case of Stinson, who is also charged with wanton endangerment. He has pleaded not guilty to both charges. Gilpin died three days after collapsing on the field, and Stinson is charged in a rare case of a coach being prosecuted for a player's death.

Defensive lineman Christian Vincent, now a 17-year-old senior at the school, said he, along with Gilpin and other linemen, missed the last water break before Stinson ordered players to start running gassers -- sideline to sideline sprints -- because they were receiving extra instruction from four position coaches. "Those four coaches were aware you were missing water break, correct?" defense attorney Alex Dathorne asked.

"Yes, sir," Vincent answered.

Vincent said no one told Stinson the linemen were missing a water break. The players all testified that Stinson allowed players feeling ill to stop running and leave the field. The players also said Stinson yelled that the running would continue until someone quit the team.

David Englert, who was a senior wide receiver in 2008, quit along with another teammate to end the running and practice. Englert, who returned to the team a couple of weeks later only to quit again, said he left because Stinson was yelling.

"He just goes off on me and I ended up quitting," Englert said.

Jurors also heard testimony from a parent watching a nearby soccer game. The parent said Stinson yelled at the players, but appeared to be excusing players who were ill.

Susan Fife, whose daughter was playing soccer on a field adjacent to the football field, said she saw and heard players becoming ill but couldn't see the whole practice. Fife said she saw coaches bring Gilpin to a water station on the field and douse him.

"He did not appear responsive to me," Fife said.

Prosecutors said Stinson ran a brutal practice the day Gilpin collapsed. Stinson's defense said the practice wasn't unusually hard.

Here's coverage form WDRB-TV in Louisville
Stephon Johnson got to spend another day outside the courthouse for a live shot...


You can watch testimony live, thanks to the Louisville Courier-Journal, here...

Dr. Doug Casa is under questioning Thursday afternoon...

Gilpin's Father Testifies At Stinson Trial

((HT: Louisville Courier-Journal/Riley))

Among the witnesses testifying at the Jason Stinson trial Tuesday were the father of Max Gilpin along with current and former PRP players about the day in question where Gilpin collapsed and, eventually, died.

But not without question...

Gilpin testified that Max took creatine, an over-the-counter supplement used to stimulate muscle growth, for only a limited time in the spring of 2008, and without his approval.

But Stinson's attorneys said that Jeff Gilpin told police in a September 2008 interview that Max took creatine from November 2007 until May 2008 — under his supervision.

“I don't really remember making that statement,” Jeff Gilpin said. “My son had just died.”

Former PRP player Antonio Calloway testified that he did not have asthma — or any other breathing problems — when he collapsed at the Aug. 20, 2008 practice, blacking out for several minutes shortly after telling teammates he was no longer sweating during the wind sprints.

Benjamin Bickett, 17, a senior football player at PRP this season, said Stinson denied players water and told them at the end of the practice that they didn't deserve to wear the team's uniform.

Two other witnesses testifed about players vomiting, and how apparently, Stinson told players that he'd "let them know when it's time to get water..."

When a player did quit, Stinson said, “Ding, ding, ding, we have a winner,” Bickett said. Bickett said he told his father later that “it was the hardest practice I've ever had, and I couldn't spit.”

Fox 41's Stephan Johnson was in, and outside of, the courtroom for his live shot...


Here's the Courier-Journal link to their live coverage from the courtroom

Stinson Trial Has Opening Statements

"Barbaric" or "nonsense..."
Take your pick... those are the two points-of-view in the first day of the Jason Stinson case arguments...
((Stinson's wife, Monica-pictured, was in the media room, thanks Matt Stone/Courier-Journal))

Jason Riley of the Louisville Courier-Journal gets to sit through this one...

Commonwealth attorney Leland Hulbert:
“When he took his last steps on the field, Max was still doing what Coach told him to do — running... He ignored him, never got within 10 feet of him.”

Defense attorney Brian Butler:
“It was the most exaggerated account of this you will ever hear,” he told jurors, calling the prosecution of Stinson a “runaway” train that has been mishandled from the beginning, spurred in large part by exaggerated media reports and overeager prosecutors. “This has been nothing but a witch hunt by these people,” Butler said, pointing at the prosecution’s table.

Fox41's Stephon Johnson was in the courtroom and tackled the idea of the jury pool- composed of 5 women and ten men...

Catch live coverage of the trial here, thanks to the Louisville Courier-Journal
Here's the 911 call to Louisville EMS

Stinson Trial Not Postponed, Jury Selection Continues

((HT: Fox 41/Turner))

Judge Susan Schultz Gibson dismissed eight potential jurors and left a pool of 100 to return Wednesday.

She denied a continuance and changed her mind about banning journalists and the public from the crowded courtroom during jury selection.

Jury selection is slow, in the midst of more arguments about what jurors and the public can see and hear.

Since January, Jason Stinson's ((pictured, thanks Louisville Courier-Journal file))friends raised more than $90,000 from supporters to pay for attorneys Alex Dathorne, Brian Butler and other legal work.

"You stop and think about someone who makes less than $50,000 a year, and they're facing at a six-figure defense bill, that can be intimidating in itself. That's why people end up taking deals," said Rodney Daugherty, Stinson friend.

There are no deals for Stinson, who wants a trial.

He is believed to be the first high school coach in the country charged criminally for the death of a player.

In court, Judge Susan Schultz Gibson removed reporters from the jury selection briefly Tuesday morning. She cited fire codes, a full room of potential jurors, and worries about their privacy.

"I'm not sure there's anybody in Jefferson County that doesn't have an opinion on this case. And a lot of them are quite strong. I believe that puts an awful lot of pressure on jurors to come in here and divulge things about themselves and opinions that could be quoted to their neighbors, anything like that. I have a great concern about that," said Schultz Gibson, Circuit Judge Div. 12.

Schultz Gibson changed her mind on the issue after a Courier-Journal attorney argued any ban on the press and public violated Kentucky law.

Stinson's attorneys objected when prosecutors asked the judge to delay the trial.

"He (Stinson) wants to go to trial. He wanted to go to trial yesterday (Monday), when we started," said Stinson attorney Brian Butler.

Prosecutor Jon Heck asked the judge for a continuance to delay the trial.

"Better to do it right, than to do it quick," Heck said.

Heck told the judge the commonwealth needed more time to study 1500 pages of documents made available in the case late last week.

"The time frame here for a case of this magnitude is such that we would be best served for allowing more time for the experts to look at this stuff, rather than going forward on a case just over seven months after indictment," Heck said.

His motion came a day after the judge ruled those records inadmissible as evidence. Heck told reporters Monday the commonwealth was ready to go to trial, within the limitations imposed by the judge's ruling.

The judge said no to any continuance. She will allow reporters and the public to watch jury selection starting Wednesday morning, as long as there is room in the courtroom to safely seat them.

Schultz Gibson ordered that journalists covering the jury selection not identify or show the faces of potential jurors in photos or video. (Louisville media have a long-standing tradition of not identifying jurors or potential jurors during trials.)

"The press is, in this case, the eyes and the ears of the public. And the public has an immense interest in seeing how justice is dispensed," said Courier-Journal attorney Jon Fleischaker.

Here's today's update from our friends at WDRB/Fox 41
Stefon Johnson got to stand in front of the courthouse downtown...

Judge Throws Out 1500 Pages Of Evidence In Stinson Trial

((HT: Louisville Courier-Journal/Riley))

Judge Susan Schultz Gibson ruled Monday that medical records, statements, training records of Stinson and personnel files of him and other PRP coaches turned over to the defense since Wednesday “came too late” and can not be used in Stinson’s trial, where jury selection begins Tuesday.

However, if any of the recently filed evidence is relevant to Stinson’s defense, his attorneys can present it and prosecutors then would be allowed to rebut that testimony with information in the newly filed documents.

Gibson also ruled that any other evidence that comes in while the trial is going on —prosecutors said they are still interviewing witnesses — will not be allowed.

Earlier Monday, Gibson ruled that prosecutors violated court procedure by failing to provide information from their March meeting with a medical expert to defense attorneys ((Dr. William Smock is pictured, thanks Louisville Courier-Journal/Mike Heyman)).

But Gibson declined to dismiss either the wanton endangerment or reckless homicide charge against Stinson, as defense attorneys had requested.

“I don't think a drastic sanction is warranted in this case,” said Gibson, who did not issue any penalties against the prosecution.

Fox 41's Bennett Haeberle is outside the courthouse with details on jury selection ((HT: Fox 41/Louisville))

Stinson Trial Starts Today In Louisville

Andrew Wolfson of the Louisville Courier-Journal interviewed nine separate legal experts about the trial of former Pleasure Ridge Park High head football coach Jason Stinson ((pictured, thanks Louisville Courier-Journal file)). Collectively, they feel it will be a tough sell to convict Stinson of reckless homicide and wanton endangerment in the death of PRP football player Max Gilpin.

If medical experts can't agree on what killed Gilpin, it will be difficult for the jury to convict Stinson of the charges.

Some of the experts Wolfson interviewed addressed the idea that Stinson ignored an “unjustifiable risk of death” — a required element of reckless homicide. No other student died performing the same activities Gilpin did, so the statistical risk is minimal at best.

Convicting Stinson on the wanton endangerment charge may be even tougher "because it requires proof that he knew about the risks to Max's health and consciously disregarded them."

It's the "Screw Ya'll I'm Coaching The Team My Way" approach... even if I know there's a physical issue with Max Gilpin...

The prosecution will bring in one of the leading authorities on heat illness, UConn's Dr. Doug Casa, to testify about the environment of the practice. The defense seems to be having its case seen through the eyes of fellow coaches and matching experts.

Bennett Haeberle was at a candlelight vigil the night before the Stinson trial starts
((HT: Fox41/WDRB-TV Louisville))


Here's where all the Courier-Journal's materials are on the trial to date...

More Charges for High School Coach

An interesting story coming out of the Northern Kentucky area this morning. This is a story the OSG reported on earlier this year. It seems that the now former Coach at Pleasure Ridge Park High School in Jefferson County, Kentucky has now been charged with not one, but 2 felony charges.

The coach, Jason Stinson had already been charged with reckless homicide in January stemming from the death of Sophomore Max Gilipin back in August of 2008. Now, Stinson faces charges of "Wanton Endangerment" as well.

Here is more on the story from NKY.com.

And even more from the Louisville Courier-Journal with Jason Riley

Riley continues:

"Stinson will be arraigned on Friday and prosecutors say they will allow him to remain free on his own recognizance. Stinson is scheduled to stand trial on Aug. 31.

Assistant Commonwealth's Attorney Jon Heck said it is not unusual to file additional charges after further investigation in a case, which is what happened with Stinson.

“My detailed review of the case prompted me to put it back before the grand jury,” said Heck. “The investigation does not stop when the charges are filed.…It's an ongoing process up through and into the trial.”"

((Jason Stinson Photo//Courtesy: Chris Hall/Louisville Courier-Journal))

This is an issue that crops up several times every year, particularly in the South. Coaches are trying to get there kids "In shape". Ready to "Face the Grind", making them "Work Harder". That in some respects is all well and good. However, at some point, they fail to make the distinction between hard work and too much work. Some states, such as Georgia and Florida have very strict rules about practicing...and playing in the late summer heat. I know that most Counties in Georgia require the coaches to keep anemometers (temperature gauges) out on the field to check the heat levels. If they exceed a certain amount, they have to pull the team in. Really, if you think about it, that isn't such a bad idea.