Prosecutors Will Not File Charges Against Lynch

Prosecutors will not press charges against Cal football star Marshawn Lynch after the district attorney decided allegations of sexual assault and battery stemming from an alleged incident in December were unsubstantiated.

The allegations were brought to light on Friday when an Alameda County court granted a civil restraining order against Lynch. Neither Lynch nor his lawyer were present at that hearing.

After reviewing the Oakland Police Department’s report on the allegations, Alameda County Deputy District Attorney Kim Hunter told The Daily Californian she decided yesterday there was no corroborating evidence that the incident occurred.

“We cannot prove this case beyond a reasonable doubt because there are no visible injuries, no photographs of injuries, and the third-party witness who was a friend to both (Lynch and his ex-girlfriend) said that nothing physical occurred,” Hunter said.

In the request for the restraining order, Lynch’s ex-girlfriend said he threatened to kill her and “pulled his pants down and made me touch his genitals,” and said she sustained a “choke mark around (her) neck.”

The woman also requested that a copy of the restraining order be sent to Cal football coach Jeff Tedford.

Hunter expressed concern about the civil court’s Friday decision to grant the restraining order.

“What people say in court is not always consistent with what they said before. No one checked out any of this stuff that she was saying,” Hunter said.

Lynch’s lawyer, M. Gerald Schwartzbach said he was pleased by the decision but concerned about the process leading to the restraining order. He said neither he nor Lynch had been informed of Friday’s hearing about the restraining order.

Schwartzbach said a court filing indicates Lynch had been served notice of the hearing in Berkeley on Jan. 15, but Schwartzbach said Lynch was out of the state that day.

“Someone appears to have lied under penalty of perjury,” Schwartzbach said, adding that Lynch could contest the restraining order or press perjury charges.

“I’m going to have to talk to Marshawn about what he wants to do, but if somebody lies under penalty of perjury, that’s perjury,” he said.

Attempts to reach the woman, whom Schwartzbach confirmed had been Lynch’s girlfriend, and her attorney were unsuccessful yesterday.

Lynch, who was Pac-10 Offensive Player of the Year in 2006, has declared his intent to enter the NFL draft. He was widely speculated to be a first-round pick, although some analysts say the allegations may put that in jeopardy.

Schwartzbach said in an interview Sunday that part of the motivation for filing the restraining order could have had to do with Lynch’s celebrity status. With the decision not to press charges Schwartzbach said he hoped any doubts of Lynch’s character would be laid to rest.

“Marshawn has always had a great reputation and I hope that people realize what a good man he really is,” he said.

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