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LEXINGTON, Ky. - A grand jury will not review the case of a woman who alleged she was raped by a ... Wildcat Lodge case won'
LEXINGTON, Ky. - A grand jury will not review the case of a woman who alleged she was raped by a former University of Kentucky basketball player at an on-campus dormitory, Fayette County Commonwealth's Attorney Ray Larson said Tuesday.
Larson announced his decision in a letter to Traci Boyd, who, along with her husband Matthew, represents the 29-year-old woman who made the rape allegation in April. Larson's decision came about 2½ months after Fayette County Attorney Margaret Kannensohn recommended to a county District Court judge that no charges be filed in the high-profile case.
In a statement Tuesday, the Boyds expressed disappointment with the decision but seemed to indicate that the case will not be pursued. After Kannensohn's Aug. 15 decision, Matthew Boyd said that if Larson decided against presenting the case to a grand jury, the Boyds could request that state Attorney General Greg Stumbo do so.
"Regardless of how much faith and belief we have in our client, however, we recognize that her case cannot and will not be proven beyond a reasonable doubt and we have advised her of such."
Larson detailed some of the reasons for his decision in the seven-page letter to Traci Boyd, which the Boyds, in their statement, acknowledged "are valid reasons for not proceeding with prosecution."
Larson said "our office is not an appellate body for those who disagree with a decision of a County Attorney not to prosecute" and said it is rare for his office to initiate a prosecution when the county attorney has declined to do so. Still, Larson said, his office spent 200 hours investigating the case.
Larson said Kannensohn's decision not to prosecute was the correct one and said his review of the case "has left us with serious doubts about the complainant's credibility and great concerns about the lack of corroboration of her account of the events leading up to, during, and after the alleged rape."
Larson said the woman failed to disclose "many important relevant facts" about her relationship with the suspect during her interviews with police, although a section in Larson's letter detailing some of those facts was redacted before the letter was released to the media.
The number of phone calls from the woman to the suspect also raised questions about her intentions toward the suspect, Larson said. Her cell phone records show she tried to contact the suspect 143 times from April 13 to July 7, including five times the day of the alleged rape, while the suspect tried to contact her 26 times from April 19 to April 28.
He also said statements from other witnesses contradicted the woman's claim that she was drugged before the alleged rape. The timeline that she presented to police about the day of the alleged rape also was disputed by several witnesses who either saw or spoke to her that day, Larson said.
The Boyds, in their statement, said "witnesses have come out of the woodwork in an attempt to discount our client. Those witnesses include former UK basketball players, staff at the Wildcat Lodge and former friends of our client, including her ex-boyfriend."
Reached Tuesday afternoon, Larson said, "we spent a lot of time writing the letter and it speaks for itself." He declined further comment, as did Matthew Boyd.
The case began April 22, when the woman first filed a complaint saying she had been drugged and raped on April 20 at Wildcat Lodge, which is best known as the home of Kentucky basketball players.
The woman didn't initially cooperate with Lexington police, who announced May 4 that they were dropping the case. She later changed her mind and began cooperating in early July, offering police other information, and the case was reopened. The woman filed a criminal complaint with the county attorney's office July 6.
Police have never publicly identified the suspect named by the accuser, but Bill Duffy, a sports agent for former Kentucky player Chuck Hayes, has said Hayes was notified of the investigation and said the rape allegation was false. Assistant Chief Ken Hall has said the suspect told police that he and the woman had consensual sex.
"We're just happy that Chuck has been exonerated," Smith said. "This whole issue should never have come to this point, but it's over and done with and we're moving on."
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