A US prosecutor has scolded former AFL star Wayne Carey for attempting to use his celebrity status to avoid appearing in a Miami court.
In venting his frustration, the prosecutor, Matthew Baldwin, pointed to the 11 male and female shackled prisoners in bright orange jail issue jumpsuits sitting at the side of the crowded Miami-Dade County Court room and 18 other defendants, facing a mix of heroin, cocaine, assault and domestic abuse charges, waiting in the public gallery for their cases to be dealt with.
Baldwin told Judge Rosa Rodriguez that Carey might be a celebrity in Australia, but he should not receive special treatment.
"He's facing felony charges," Baldwin said.
"The fact he is a celebrity somewhere else doesn't mean he does not have to appear in court like everybody else in the court room."
Carey is believed to be in Australia.
The prosecutor noted the dual AFL premiership winning captain had missed other scheduled court dates and the only time he showed up was when he had no choice.
It was when Carey was in custody after his October 27 arrest for allegedly kicking one Miami police officer in the lip and elbowing another in the face during an altercation while vacationing with girlfriend Kate Neilson at Miami's luxury Mandarin Hotel.
"He has never been in court other than for arraignment," Baldwin said
Judge Rodriguez was annoyed in court on February 15 when Carey was a no-show, but on Tuesday she was more restrained.
She reassured Baldwin that Carey must be in court for his trial.
"I agree," Judge Rodriguez said.
"But, it is also true people who do not reside in Miami-Dade county, frequently their presence is waived for these pre-trial hearings.
"It is not unusual.
"We have college kids and people live in other areas.
"So obviously he can't avoid court indefinitely, but he needs to appear for his trial."
Carey, 37, is charged with two felony counts of battery on a law enforcement officer and one of resisting an officer and if convicted faces up to 15 years in an American jail.
Tuesday's hearing was called by Carey's high-powered Miami-based lawyer, Richard Sharpstein, who filed a motion asking for the trial, set for July 21, be delayed to allow more time to prepare his client's defence.
Baldwin did not object to the delay, despite it being the third time the trial has been pushed back.
Carey was represented in court by Sharpstein's legal colleague, Ari Gerstein.
However, Sharpstein, via a telephone hookup, spoke to the judge at the tail end of the five minute hearing.
"I don't need to speak to him unless he needs to speak to me," Judge Rodriguez said when told Sharpstein was on the line.
Judge Rodriguez granted the motion.
She set the new trial date for September 22, but Sharpstein asked for more time.
"Is there any way we can push it to October?" Sharpstein asked.
The parties settled on October 14 for the trial.
A preliminary hearing was set for October 3.
It has been a controversial nine months for Carey, with brushes with the law on two continents.
On August 6 he will face a magistrate in Melbourne for allegedly assaulting police and resisting arrest at his Port Melbourne apartment in January.
His arrest in Miami came after a night of drinking, according to a letter Neilson submitted to prosecutors when she decided against pressing charges against him.
US police alleged they received a call to the hotel after Carey allegedly smashed a wine glass in Neilson's face.
In her letter to prosecutors, Neilson wrote she did "not wish to press charges" because they had "a lot to drink" on the night of the incident and she "was as much at fault for this incident as Wayne".
The charge relating to the alleged assault of Neilson was dropped.
