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SALT LAKE CITY (AP) -- Attorneys for the eight University of Utah baseball players who allegedly painted red U's on Brigham Young University's Block Y are seeking more information on why BYU says it cost $6,200 to repaint it.
The block Y was repainted white the day after at a cost of $900, and painted again in August 2004 at a price tag of $5,500, defense attorneys said Wednesday.
The eight Utah players allegedly defaced the BYU icon on April 30, 2004, during a two-game stay in Provo.
They were charged with felony criminal mischief after one of the players, Ryan Breska, went into a Fred Meyer store in Salt Lake City to pick up photos the players took during the activity. An employee contacted police when the film was developed.
In addition to Breska, Jay Brossman, Eric Chevalier, Ryan Florence, Tyler Kmetko, Tyson Olson, Jason Price and Jacob Waldram were charged with the second-degree felony, punishable by one to 15 years in prison. The defendants are being represented by eight different attorneys.
Richard Mauro, an attorney representing one of the students, said although information about maintenance of the Y in the last 10 years had been subpoenaed in June, defense attorneys had not yet received it.
"We don't know how those costs were incurred," he told 4th District Judge Lynn W. Davis. "We're hoping to get maintenance records to see how often they paint the Y."
Jeff Buhman, the deputy county prosecutor assigned to the case, said he also had requested the information but had not yet received a reply from BYU.
Both sides said they are close to resolving the case, but still need to determine how much restitution the players owed the university before a plea and abeyance deal could be finalized.
Judge Davis set the matter until Sept. 28 at 8:30 a.m.
He said if the players' defense attorneys do not receive the subpoenaed documents from BYU within 10 days, he will issue a court order.
Mauro said only two of the Utah baseball players charged in the case had not yet graduated from the university.
(Copyright 2005 by The Associated Press. All Rights Reserved.)
