Jaamal Berry is no longer a member of the Ohio State football team, according to R. William Meeks, a Columbus lawyer defending the running back in a misdemeanor assault case.

Jaamal Berry is no longer a member of the Ohio State football team, according to R. William Meeks, a Columbus lawyer defending the running back in a misdemeanor assault case.

Berry was in Franklin County Municipal Court this morning for a pre-trial hearing, which was continued because his attorney is contesting the way police conducted a photo-lineup in the case.

A motion hearing will be scheduled to address Meeks' contention that the handling of the photo-array violated Berry's constitutional rights.

Berry is charged with assault and disorderly conduct, both misdemeanors, for an Oct. 21 incident near the North Market. Justin M. Jerich, 21, of Westerville, reported that Berry hit him with a closed fist and then taunted him near a parking garage.

Meeks said Berry is not guilty of assault and placed the odds of the case going to trial at "50-50."

Although Berry was suspended by the team when the charges were filed, Meeks said he has since been dismissed from the program.

"To the best of my knowledge, he will not play at Ohio State," Meeks said.

Berry continues to attend classes and will remain on scholarship at the university at least until the end of this quarter, Meeks said.

An Ohio State spokesperson said that "Officially, he is still on scholarship. He is not working out with the team, and he has not been involved with the team since October."

In September, Berry was taken to the OSU Medical Center emergency room for tests after he got into an altercation with a student on campus. He was held out of that week's game against Michigan State, but was reinstated for the following week.

Before enrolling at Ohio State, Berry was arrested in 2009 in Florida on a marijuana-possession charge.

With Daniel Herron suspended for half the season because of NCAA violations, Berry had a chance for significant playing time as a redshirt sophomore last year. But he was slowed by a hamstring injury in camp and fell behind Jordan Hall and Carlos Hyde in the pecking order.

Berry had only three carries for 7 yards in 2011. He also averaged 21.4 yards on seven kickoff returns.

In 2010, Berry ran 32 times for 266 yards and one touchdown.

With Herron graduating, Hall and Hyde will battle highly-touted recruits Bri'onte Dunn and Warren Ball at running back. Rod Smith, who missed the team flight to the Gator Bowl and did not show up for the game, also remains on the team.

jfutty@dispatch.com

brabinowitz@dispatch.com