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MINNEAPOLIS (AP) - Lawyers for Minnesota Vikings players Daunte Culpepper and Moe Williams accused a prosecutor of racial discrimination, saying he charged black men but ignored possible crimes by two white men in the team's boat party scandal.
The attorneys served a motion Wednesday on prosecutor Steven Tallen asking for the dismissal of charges against the two players, according to documents obtained by The Associated Press.
The Star Tribune first reported in a story for Thursday's editions. In an interview with the newspaper, Tallen denied that race played any role in his decision on whom to charge. He did not immediately return a message from The Associated Press left at his law office on Thursday.
Culpepper, Williams and two other players face trial on misdemeanor charges of indecent conduct and lewdness for their alleged behavior on two cruise boats last October on Lake Minnetonka. They have said they are not guilty.
In their motion, defense attorneys Earl Gray, for Culpepper, and Joe Friedberg, for Williams, alleged that Hennepin County sheriff's investigators have evidence that the captain of one boat kissed a woman's exposed nipple while he was at the wheel. The papers allege this happened immediately after the manager of a strip club paid the woman and also touched her with his mouth.
Both the captain and club manager are white. They were listed only by their initials in the court documents filed Wednesday.
"These two white males were never charged, yet Mr. Williams and Mr. Culpepper, who are African-American males were charged. The facts presented suggested that Mr. Williams and Mr. Culpepper were singled out," the players' attorneys wrote.
Tallen, who prosecutes misdemeanor cases for the Lake Minnetonka Conservation District, which has jurisdiction over the big suburban lake, accused the defense lawyers of playing "the race card" to cloud the real issues.
The alleged acts by the captain and club manager differ from those of the players, Tallen said, because only the manager, the captain and the woman were present, and the two men willingly participated in the contact with her. By contrast, he said, all the players' alleged activity happened in front of unwilling crew members.
Tallen told the Star Tribune that the captain's statement to the detective wasn't enough evidence to charge him because, under the law, "you can't convict someone solely on their own confession." The woman was never identified, he added.
The prosecutor added that there wasn't enough evidence to charge the club manager over his alleged payment to the woman because "you can't convict a co-conspirator solely on the word of the other conspirator."
And, he said, the offense suggested by the defense motion -- promoting prostitution -- is a felony, which would have to be prosecuted by the county attorney's office. The sheriff's office did not present the case to the county attorney's office, which would have been standard procedure if investigators thought there was enough evidence to support a felony charge.
Culpepper and Williams are accused of getting lap dances during the party. Two other players, Fred Smoot and Bryant McKinnie, also have pleaded not guilty to misdemeanor charges over other alleged lewd acts. They did not join in the motion for dismissal. Trials for the four are set for April and May.
http://msn.foxsports.com/nfl/story/5374860
The attorneys served a motion Wednesday on prosecutor Steven Tallen asking for the dismissal of charges against the two players, according to documents obtained by The Associated Press.
The Star Tribune first reported in a story for Thursday's editions. In an interview with the newspaper, Tallen denied that race played any role in his decision on whom to charge. He did not immediately return a message from The Associated Press left at his law office on Thursday.
Culpepper, Williams and two other players face trial on misdemeanor charges of indecent conduct and lewdness for their alleged behavior on two cruise boats last October on Lake Minnetonka. They have said they are not guilty.
In their motion, defense attorneys Earl Gray, for Culpepper, and Joe Friedberg, for Williams, alleged that Hennepin County sheriff's investigators have evidence that the captain of one boat kissed a woman's exposed nipple while he was at the wheel. The papers allege this happened immediately after the manager of a strip club paid the woman and also touched her with his mouth.
Both the captain and club manager are white. They were listed only by their initials in the court documents filed Wednesday.
"These two white males were never charged, yet Mr. Williams and Mr. Culpepper, who are African-American males were charged. The facts presented suggested that Mr. Williams and Mr. Culpepper were singled out," the players' attorneys wrote.
Tallen, who prosecutes misdemeanor cases for the Lake Minnetonka Conservation District, which has jurisdiction over the big suburban lake, accused the defense lawyers of playing "the race card" to cloud the real issues.
The alleged acts by the captain and club manager differ from those of the players, Tallen said, because only the manager, the captain and the woman were present, and the two men willingly participated in the contact with her. By contrast, he said, all the players' alleged activity happened in front of unwilling crew members.
Tallen told the Star Tribune that the captain's statement to the detective wasn't enough evidence to charge him because, under the law, "you can't convict someone solely on their own confession." The woman was never identified, he added.
The prosecutor added that there wasn't enough evidence to charge the club manager over his alleged payment to the woman because "you can't convict a co-conspirator solely on the word of the other conspirator."
And, he said, the offense suggested by the defense motion -- promoting prostitution -- is a felony, which would have to be prosecuted by the county attorney's office. The sheriff's office did not present the case to the county attorney's office, which would have been standard procedure if investigators thought there was enough evidence to support a felony charge.
Culpepper and Williams are accused of getting lap dances during the party. Two other players, Fred Smoot and Bryant McKinnie, also have pleaded not guilty to misdemeanor charges over other alleged lewd acts. They did not join in the motion for dismissal. Trials for the four are set for April and May.
http://msn.foxsports.com/nfl/story/5374860
