The Colorado Court of Appeals has overturned a judge’s order that a special prosecutor be named to file charges against a former University of Colorado football player accused of sexual assault.
The accuser’s lawyer, Baine Kerr, said Saturday that he plans to appeal. He said options include asking the appeals court to reconsider its ruling Thursday and asking the Colorado Supreme Court to review the case.
Julie Stene, who has agreed to have her name used publicly, has accused two men of having sex with her after she had six to eight shots of vodka at a high school graduation party in 2000, before the football player played for CU, according to court documents. She contends she was too drunk to consent. Both men have denied wrongdoing.
Stene initially didn’t want to testify and no criminal charges were filed.
In 2004, Stene felt ready to testify and asked the Arapahoe County District Attorney’s Office to reconsider prosecuting the men, according to court documents. A prosecutor declined in 2004, partly due to the amount of time that had elapsed. Stene asked again in 2007.
After asking prosecutors in Larimer County to review the case, District Attorney Carol Chambers declined to file charges.
Stene challenged the decision, and a district court judge in May ordered the men be charged with first-degree sexual assault on a physically helpless victim and second-degree sexual assault on a victim incapable of appraising the nature of her conduct.
This story was updated to remove the names of the men because they were never charged.
