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View Full Version : No Prosecution - Confirmed



phillyesq
04-12-2010, 02:09 PM
From the press conference:

"The overall circumstances do not support a viable circumstances."

Victim's lawyer informed DA that he didn't want to prosecute. Letter to be made available.

DA says "something may have happened" but I cannot prove it beyond a reasonable doubt.

Probably not even probable cause. Probably not even enough to make an arrest.

Her version: Sorority sisters first reported it to the police. It was mostly sorority sisters talking. Police officer asked to hear from girl. Obviously intoxicated. Did he rape you? No. Not sure if she had sex. "I don't know if this is a good idea. It's ok. He had sex with me." Second statement - 12 hrs later. Now sober. "I told him it wasn't ok. No. We don't need to do this. I proceeded to get up and try to leave." She went to bathroom, he followed her. She said not ok, he said it was, had sex with her. At hospital, "a boy kind of raped me."

Basically, she made a number of statements which were inconsistent.

First officer: It is unclear what happened due to complainant's foggy recollection from intoxication.

Ben's version: He said he remembered her (from a description) and I told her she was too drunk to be back here. I remember her falling and hitting her head.

Doctor confirmed that there was no head injury. She never complained of a head injury.

Witness - pr guy from Ben's agency - Ben won't be making any further statements without having attorney present.

DA met with attorney, victim and family. Family made it "crystal clear" that they did not want to prosecute. (Sounds like a confidential settlement).

DA won't disclose BAC, but stressed that she was VERY intoxicated.

Providing Alcohol to a Minor:

Only way to convict Ben would be through girl's testimony. Girl "has gone through enough already" so DA won't prosecute her.

Nobody in entourage said anything about Ben being alone with girl. One bodyguard said that girl asked to use bathroom and was escorted back. Did not see Ben go back to restroom.

Somebody in the girl's party was ejected from "VIP" room, perhaps by Ben himself.

DA says everybody could be criticized for that night. His advice to Ben - grow up! You don't need to put yourself in this position anymore. You can do better.

"This decision was not difficult to reach." DA says he knew early on the way the case was going.

DA says no official evidence of Ben admitting that there was sexual contact that was not consummated.

OK -- that is about all for now. I suppose I need to go back to actually working on my own cases.