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Judge will decide on NCAA discoveries

COLUMBUS, Ohio -- Maurice Clarett's preliminary hearing on
allegations he lied on a theft report was postponed Monday so a
judge could decide whether to bar information from a separate NCAA
probe of the suspended Ohio State running back.

The misdemeanor falsification charge probably will be dropped if
the judge doesn't allow the evidence from the NCAA investigation,
prosecutors said.

"If the evidence is suppressed, it would be difficult for us to
proceed," prosecutor Stephen McIntosh said. He added that there
were other legal options but wouldn't elaborate.

Clarett is accused of filing a campus police report that
exaggerated the value of items stolen from a car he borrowed in
April.

Judge Steven Hayes will decide by a hearing scheduled for Dec.
17 whether to grant the defense request.

Neither Clarett nor his attorney, Percy Squire, spoke in court
Monday and they would not answer reporters' questions afterward.

According to the defense' request to suppress the NCAA
information, Clarett was asked about the theft during an interview
with the university and NCAA investigators. University officials
gave that information to campus police who passed it on to
prosecutors.

Ohio State lawyers have said the information was not a "student
disciplinary record" so Clarett's privacy rights were not
violated, according to court documents.

Clarett was suspended for his sophomore season for NCAA
violations of accepting money from a family friend and lying about
it to investigators.