By Nate Morley
A former BYU baseball player entered a guilty plea on Wednesday, Jan. 21, 2004 to having sex with a minor and distributing alcohol to minors.
Samuel Fernley, 22, was originally charged with first-degree rape and four misdemeanor counts of supplying alcohol to minors. The charges were officially filed on October 8, 2003.
If convicted, Fernley could face up to five years in prison and two years in jail.
Attornies for both sides are expected to make a joint recommendation that Fernley be placed on probation rather than be sent to jail. Fernley is scheduled to be sentenced on March 3. Defense attorney Matt Jube is expected to make a motion to reduce the charges if Fernley successfully completes his probation.
If the motion is successful, the charges against Fernley will be reduced from a third-degree felony to a Class A misdemeanor.
Provo detective Devon Jensen told the Deseret Morning News Fernley provided beer to a teenage girl and three teenage boys in his apartment on July 18, 2003. Jensen said the girl called later that night to report she had been raped. Fernley insists, through his attorney, the sex was consensual.
Fernley was a pitcher for the Cougars in 2002. He left school for academic reasons after the season, but was expected to return to school in time for this season, until school officials learned of the charges.
Fernley appeared in 20 games for the Cougars in 2002 and was third on the team with a 5.50 earned run average.