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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.