DENVER — 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 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 one of the men played football 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.
One of the men later was tied to a sex and drugs scandal in which some CU football players and recruits were accused of sexually assaulting women at an off-campus party in 2001. No criminal charges were ever filed.
In 2004 Stene felt ready to testify and asked the Arapahoe County District Attorney’s Office to reconsider prosecuting the two 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 two 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.
The Colorado appeals court noted Thursday that state prosecutors have discretion in choosing which cases to pursue.
“We conclude that Chambers’ explanation identifies reasons for declining to prosecute … that are supported by some competent evidence—and are not so overwhelmed by the factors favoring prosecution as to compel the conclusion that Chambers’ exercise of her broad discretion was arbitrary or capricious,” the court wrote.
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This story was updated to remove names because the men were never charged.
Information from: KUSA-TV,
