MIAMI, Fla. --
The
backside pat former NFL star Chad Johnson gave his lawyer in court was
not meant as disrespect to a judge and certainly wasn’t something that
warrants a 30-day jail sentence, the attorney said Tuesday in a motion
seeking another chance.
Adam
Swickle asked Broward County Circuit Judge Kathleen McHugh to reconsider
the sentence she imposed Monday. Johnson had reached a deal with
prosecutors for community service and counseling to resolve a probation
violation from his no-contest plea last year to battery on his
then-wife, TV star Evelyn Lozada.
McHugh,
just elected last August to her first term on the bench, seemed poised
to approve the plea deal until Johnson’s backside pat of Swickle
triggered a wave of laughter in the court. The judge then angrily said
she wouldn’t sign off and tossed the six-time Pro Bowler formerly known
as Chad Ochocinco in jail.
“This isn’t a joke,” the judge said, raising questions about his sincerity.
Swickle
said the backside pat was merely Johnson’s way of showing appreciation
for his attorney’s work on the case. Moments before it had meant he
wouldn’t do any jail time despite skipping out on meetings with his
probation officer for three months.
“Mr.
Johnson has been a professional football player in the National
Football League for 11 years and patting another individual on the
backside is viewed as a sign of respect and gratitude,” he said in the
motion. “It is clear that the court misinterpreted Mr. Johnson’s
interaction with his attorney.”
As
for the courtroom laughter, Swickle added, “this is not Mr. Johnson’s
fault and he should not be punished for the actions of third parties.”
Prosecutors
say they’ll leave Johnson’s sentence up to McHugh, who presides over
Broward County domestic violence cases. A hearing has been set for next
Monday.
Johnson, 35, spent most of
his NFL career with the Cincinnati Bengals, catching 766 passes for
more than 11,000 yards and 67 touchdowns. He played one year with the
New England Patriots and then was in training camp last year with the
Miami Dolphins, who cut him after he head-butted Lozada during a
domestic altercation. Lozada, a star on VH-1’s “Basketball Wives” show,
quickly filed for divorce.
Johnson,
a Miami native, said in court he still hopes resurrect his football
career. Under the plea deal that had been reached, Johnson would do 25
hours of community service and attend counseling sessions twice a week
during his probation. In addition, the probation would be extended three
months into December.
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