Preliminary hearing for 'M' hockey player delayed

The preliminary hearing for Michigan hockey defenseman Chris Fox scheduled for today was postponed after Fox hired a new attorney.

Fox was charged with assault to do bodily harm less than murder after he allegedly slashed an opponent in the face during a no-check hockey game last June.

Assistant Oakland County Prosecutor Paul Walton said the hearing was adjourned because Fox's new lawyer, Jose Fanego, is currently working on another case and requested the hearing be rescheduled no earlier than March 7.

David Binkley, Fox's former attorney, would not comment on whether Fox changed attorneys to delay the hearing. The NCAA hockey season lasts until early April. Walton said that given the delay, it is not likely that the trial will take place before the end of the season.

Fox would not comment on the details of the incident or whether he changed attorneys to delay the hearing.

"I can't comment any further," Fox said. "I just feel (changing lawyers) is the best decision to be made at this time."

Fox was playing in the championship game for a summer hockey league last June at the Detroit Skate Club in Bloomfield Hills. After being checked by a teammate of opponent Robert Thomas, Fox struck Thomas in the face with his stick.

Thomas allegedly lost a tooth and has undergone several oral surgeries as a result of the incident. Fox received 15 stitches.

Walton said Fox's actions on the ice were inexcusable and illegal.

"You don't exact your own vengeance here because what if you're wrong? In this case, (Fox) clearly hit the wrong person," Walton said.

Binkley told WWJ radio in January that the charges were unwarranted because Fox acted in self-defense. He said Fox hit Thomas because he feared he was going to be attacked again.

University Law Prof. Samuel Gross said defendants have no legal right to delay a trial if new counsel is hired.

"It's perfectly common if someone changes lawyers for the judge not to allow the change unless the lawyer can continue the case without delay," Gross said.

But Walton said the Oakland County prosecutor's office usually gives deference to new legal counsel.

"The attorney needs time to become familiar with the facts of the case so he can represent his client," Walton said.

-Daily Sports Editor Sharat Raju contributed to this report.

02-05-98