Ex-player at hearing

PROVO — Marcus Whalen could have been in football pads Wednesday, throwing stiff arms, evading tackles, and making other preparations for Saturday's game against Notre Dame.

Instead, the former Brigham Young University star halfback stood with former teammate Breyon Jones, in 4th District Court in Provo, dressed in a white shirt and tie, facing misdemeanor charges of assault and robbery.

A preliminary hearing was set for Oct. 13.

"I'm sorry for this whole situation," Whalen said after he left the courtroom. "I wish it would have worked out differently."

It's easy for Whalen, who led BYU in rushing in 2002 with 918 yards, to think of the places he could have been Wednesday. Even after BYU told him he could no longer play football at the school because of honor code violations, there were offers to play at Southern Utah University and Oregon State University.

But because the wheels of justice sometimes turn slowly, the criminal case against Whalen and Jones was not resolved this summer, as both had hoped. Jones, who was suspended from BYU until January 2005, is currently enrolled at Utah Valley State College and hopes to play football next year.

Neither Jones nor his attorney would comment.

As for Whalen, he hopes to play professional football in Canada next year. A married father of a 2-year-old son, with a daughter due in November, Whalen is now working two jobs — one at the Provo Marriott, the other at a bakery.

"I don't want to say it's stupid, but it is kind of stupid how long this whole thing has taken," Whalen said.

Whalen and Jones have been accused of beating up and robbing an acquaintance on April 14. Whalen described the incident as a fight among friends over money and said the charges against him have been exaggerated.

Whalen said he is also disappointed BYU suspended him from the school until January, essentially prohibiting him from playing football at another school. Whalen's college eligibility expires with the end of the 2004 football season.

"If they don't want me to play with them this year, that's fine, but they didn't want me to play anywhere," Whalen said. "It's crazy that they have that much power over me."

BYU spokeswoman Carri Jenkins has said the Honor Code review is a fair process in which students are involved.

Whalen said he does not have contact with the team or with any players. He was unaware that several players have been accused of gang raping a 17-year-old girl on Aug. 8.

He said the honor code was explained to him when he was recruited, but he never understood the consequences of breaking it. BYU football coaches have said they repeatedly remind players of the honor code.

"They mapped out the honor code," he said. "But the consequences were never really clear."

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