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Rex Brown

Clemson cornerback DeAndre McDaniel (2) was arrested last Saturday night on an assault and battery of a high and aggravated nature charge in Central. McDaniel, a rising sophomore safety who also did some work at linebacker in the spring, faces up to 10 years in prison on the charge if convicted.

CLEMSON — It doesn’t appear as though any of DeAndre McDaniel’s witnesses will give any sworn testimony to the Central Police Department this week.

McDaniel’s lawyer, Nick Lavery of Olson, Smith, Jordan and Cox, P.A. of Clemson, said Tuesday he would not talk with any of the witnesses who have given McDaniel these statements until after McDaniel’s judicial review hearing is completed. The Clemson defensive back, who was charged with assault and battery of a high and aggravated nature after getting in an altercation with his girlfriend on June 21, is expected to go in front of the university’s judicial review board this morning.

Lavery, who was out of town last week and had Chris Olson watch over the case file while he was out, said he has not spoken with any of McDaniel’s witnesses and he doesn’t expect that to happen until he has had a chance to go over all three of their statements.

“I will make contact with them after the judicial hearing,” he said.

Though the witnesses have not gone to the local authorities with sworn statements, it is not an indication that their testimonies are false.

Lavery and Central Police Chief Kerry Avery both admitted these things take time.

“The investigation is never closed, so they can come to us at any time,” Avery said.

Avery said he has spoken with McDaniel’s lawyer and his lawyer has indicated to him that the three witnesses will be giving their statements to the police once they have spoken with him.

“I have informed him that when they are ready they need to speak with Detective (Khristy) Crawford, the investigator for this case,” Avery said.

In the meantime, what comes out of this morning’s judicial review will perhaps go a long way in determining what Clemson coach Tommy Bowden decides to do with McDaniel. Bowden is still in the midst of reviewing the case and isn’t expected to hand down a decision until all the facts are in.

But that’s where the problem lies. Marsha Barker, spokesperson for the Pickens County Solicitor’s Office, said the case has still not reached their office. She also said if McDaniel requests a jury trial, then it could be nearly a year before he has his day in court.

“Usually a case like this takes six months just to get to the negotiations (stage) to decide on a trial,” Lavery confirmed. “It will be anywhere from a month to a month and a half from the time of the arrest before we get our discovery from the solicitor’s office. After that, you are looking at another three to three and a half months before we get to the negotiations.”

Avery said the Pickens County Solicitor’s Office is working anywhere from 2,000 to 2,500 cases among just a handful of lawyers in its office.

“They have a busy backlog of cases,” he said.

Football tickets on sale. Next Monday, football tickets will go on sale to the public. The Clemson athletic ticket office will have season tickets, select home and away game tickets and group tickets available for purchase. To order, visit clemsontigers.com or call 1-800-CLEMSON.

Clay likely done. Clemson linebacker Antonio Clay will likely transfer to another school. The Clemson linebacker, who left school for a second straight spring, failed to enroll for the second session of summer school and it is unlikely he will return.

After leaving school in the spring, Clay said he was going to enroll in school this summer in hopes of maybe redshirting this season and getting back on the playing field in 2009.

The middle linebacker left school following the Chick-fil-A Bowl after personal issues surrounding the 2006 death of his sister started to arise once again.