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Some wonder if Klamath DA made improper assist He cited a North basketball player for a head-butt during a game; now the player will miss Friday's tilt against prosecutor's son's team By MARK FREEMAN Medford School District officials are questioning whether Klamath County's district attorney used his office to keep a North Medford High School basketball player out of Friday's game against a Klamath Union High School team that includes the prosecutor's son. Zachary Taylor, 17, North Medford's starting point guard, was issued a misdemeanor assault citation Jan. 18 stemming from a head-butting incident during North Medford's Jan. 4 game against Klamath Union in Medford. Taylor was called for a personal foul for the incident, but he was not otherwise penalized in the game, and the player who suffered the head-butt was uninjured. After the game, Klamath District Attorney Ed Caleb instigated the criminal investigation and in turn negotiated an agreement with Taylor's family on Tuesday to dismiss the citation - providing that Taylor gets his temper evaluated and he skips Friday's rematch at Klamath Union. Taylor's parents accepted Caleb's offer, yet maintain their son claims the head-butt was accidental. Caleb's son Nick is a senior guard for Klamath Union, and Medford School District attorney Tim Gerking believes Caleb's actions may represent a conflict of interest or an abuse of public office - all over a high school basketball game. "To us, it's pretty coincidental that here we have North Medford and Klamath Union hotly competing for a playoff position and Caleb saying … 'Well, we won't file formal charges if the Taylors agree that Zach won't play in the next game against Klamath Union,' " Gerking said. "The real question is, has there been an abuse of power which needs to be reported to folks who regulate that kind of conduct?" Gerking said. "If it's appropriate, we're going to do something about it." Caleb said he and several Klamath County law-enforcement officials reviewed the videotape of Taylor head-butting Klamath Union sophomore Jacob Wynn and agreed that the head-butting incident was, indeed, a crime. "I was at the game, so it didn't take a whole lot of investigation," Caleb said. "It's there, on tape." Caleb said he wanted Taylor out of Friday's game to keep him out of contact with the victim. He said a judge likely would have ordered that same condition had Taylor faced formal charges Friday as scheduled in Klamath County juvenile court. Caleb said the agreement - in which Taylor gets an anger-management evaluation as well as skips Friday's game - resolves the issue "to my satisfaction," yet he chides Medford school officials for not properly dealing with Taylor's on-court behavior. "That's what North Medford does," Caleb said. "There's no focus on what happened. There's a focus on somebody looking into what happened. "In this case, the easiest thing to do is put it off on the elected official who is trying to do his job," Caleb said. Gerking said the district is considering filing an ethics complaint against Caleb with the Oregon State Bar or perhaps the state Government Standards and Practices Commission. Caleb said he has no conflict because his son was not involved, and he called Gerking's comments "hollow threats" that might lead to a formal complaint as well. Gerking "just wants to shoot his mouth off because he doesn't know what he's talking about," Caleb said. "Maybe I'll be the one who contacts the Oregon State Bar." Taylor's father, Bob Taylor, said he just wants to ensure his son is not punished for an accident that occurred in the normal course of a basketball game. "I can't begin to guess what this is about," Bob Taylor said. "I can't imagine it was about what happened in the game." Reach reporter Mark Freeman at 776-4470, or e-mail mfreeman@mailtribune.com |
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