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Charges Against Walker Dropped




                 [The Boston Globe Online][Boston.com]

                 [Boston Globe Online / Sports]
               Charges in civil suit against Celtics' Walker dropped

               By Dan Scannell, Globe Correspondent, 12/22/98

               Charges that Boston Celtic Antoine Walker failed
               to stop the rape of a woman in his home by three
               men, including two teammates, were dropped in US District
               Court in Boston yesterday.

               The charges were part of a civil suit brought by Jane
               Doe, a pseudonym for the alleged victim. Civil charges
               remain against Celtic guard Ron Mercer, former Celtic
               guard Chauncey Billups, and Michael Irvin, a friend of
               Walker's.

               No criminal charges are pending against the four in the
               matter.

               In his ruling yesterday, Judge Richard Stearns outlined
               Doe's testimony about the evening of Nov. 9, 1997, which
               she said began when she socialized at a club with the
               defendants. Doe further said that Irvin invited her to
               Walker's Waltham condominium, where Irvin was staying.

               In testimony, Doe said Irvin said he was asked to extend
               the invitation by Walker, whom Doe previously had dated.

               Upon arriving at the home, she alleged, she was taken to
               a bedroom and was raped by Irvin, Mercer, and Billups.
               She said Walker entered the room and declined to have sex
               with her after Irvin offered.
              
               The suit against Walker charged he was responsible for
               not stopping the rape because he owned the condo.
              
               Stearns stated in his ruling that Walker wasn't obligated
               to interfere with a rape on his premises and that under
               the circumstances described by Doe, Walker had no reason
               to assume the woman was being raped.
                
               ''Assuming ... the assault on Doe was non-consensual, the
                law with rare exceptions imposes no duty on a witness to
                a crime to intervene in aid of the victim,'' Stearns said
                in the ruling.
                 
                ''Doe alleges only that Walker observed that group sex
                 was occurring,'' and Walker could not assume group sex
                 was necessarily coercive, the ruling said.
                  
                 Walker's attorney said his client was pleased with the
                 decision.

                ''The case is meritless,'' Nicholas Theodorou of the law
                 firm Foley, Hoag & Eliot said. ''Had it gone forward,
                 Antoine was prepared to defend this case vigorously
                 because he never did anything wrong.''

                 Theodorou wouldn't say whether Walker intended to file a
                 counter-suit.

                 The plaintiff's attorney, Margaret Burnham, said she
                 could not comment on the decision because the suit has
                 been sealed and impounded.

                 The decision would seem to be a source of vindication for
                 Walker, who has received nothing but bad press lately.

                 Last September, ABC's ''20/20'' reported on Walker in a
                 segment on NBA players who father children out of
                 wedlock. Walker declined to be interviewed for the piece.
                ''He's a very decent young man,'' Theodorou said. ''I
                 truly believe that.''
                 This story ran on page D01 of the Boston Globe on
                 12/22/98.
                 © Copyright 1998 Globe Newspaper Company.