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Culpepper 'Delighted' By Dismissal Of Charges

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Culpepper 'Delighted' By Dismissal Of Charges

Judge Upholds Charges Against Former Teammate Williams

Minneapolis (WCCO) ― Charges were dismissed against former Minnesota Viking Daunte Culpepper but not against his ex-teammate Moe Williams in last year's boat party scandal, court officials said Tuesday.

District Court Judge Kevin S. Burke dismissed the misdemeanor charges against Culpepper for lack of probable cause, according to a judicial memo issued Tuesday.

The judge felt Culpepper's testimony last month, which was corroborated by a witness who also attended the Oct. 6 boat party, showed there was not sufficient evidence to proceed with the charges against the quarterback.

Because the judge felt prosecution did not offer anything to rebut Culpepper's testimony and the testimony of his witness, the defense's motion to dismiss charges was granted.

Culpepper issued a statement through his new team, the Miami Dolphins, saying he was "delighted" at the ruling.

"I was confident when the legal process began that the truth would come out, and I am glad that my innocence has been proven," he said. "I greatly appreciate Judge Burke's sensitivity to the damage that can be done to a person's reputation when they are wrongly charged."

Earl Gray, Culpepper's attorney, said the ordeal was a factor in why the quarterback asked to be traded or released from the Vikings.

"(He was) falsely charged with a crime. He's played his heart out for years here," Gray said. "You put two and two together and you wonder why you're doing it."

Prosecutor Steve Tallen said he thought Burke had "applied things wrong," but said he hadn't had time to fully digest the ruling. He said it was possible he might re-file the case.

Tallen defended the case, saying, "I'm of the opinion that people don't go cavorting around naked in public places."

Burke denied the motion to dismiss charges against running back Williams, saying his testimony last month was not enough to exonerate him.

Joe Friedberg, an attorney for Williams, said he was disappointed in the judge's decision.

"(Williams) says he's happy for Daunte," Friedberg said. "I asked him what we do next, and he said, 'We've gone this far, let's continue.' So that's what we're going to do."

In addition to lack of probable cause, both players claimed race played a factor the decision to charge them and requested a dismissal on grounds of prosecutorial misconduct.

The players pointed out that two white men, including the captain of one of the boats, weren't charged, even though investigators found evidence the men both kissed a stripper's exposed nipple.

Last month, the judge forced prosecutor Tallen to explain why he didn't charge the men.

Denying race was a factor, Tallen said the case against the two white men was shaky, and a report from a sheriff's deputy showed the only witness against the captain was not credible.

On Tuesday, Burke said the players' discrimination claim was understandable, but the prosecutor had discretion on who was charged.

On the witness stand last month, Culpepper described driving his childhood friend and employee Larry Tucker and a cousin to the party because he didn't plan to drink.

Culpepper said they gathered on a patio near the rear of the boat and started playing craps. He said others playing included running back Mewelde Moore, safety Darren Sharper, and receiver Travis Taylor.

Waitresses brought drinks, though Culpepper said he had only one drink that night. Lingerie-clad dancers offered dances, but were turned away, Culpepper testified.

The misdemeanor charge against Culpepper accused him of touching a dancer's buttocks, but "nobody who was shooting dice wanted to get a dance," Culpepper said.

Tucker corroborated Culpepper's testimony, saying he never left the quarterback's side the entire night. Burke said prosecutors did not offer anything to rebut the testimony.

Williams said a lingerie-clad woman danced near him in the boat's hold, and a boat staff member may have seen the dance. Williams also testified he never touched the dancer.

In his judicial memo, Burke said Williams' testimony, without corroboration, left the possibility open that the dance could still be considered by the state to be lewd and lascivious or a disturbance to the person who saw it and therefore could not dismiss the charges.

The two other players charged in the case, cornerback Fred Smoot and tackle Bryant McKinnie, are accused of other alleged lewd acts. All have pleaded not guilty.

Williams' trial date is set for April 18. Trial dates for McKinnie and Smoot are set for Thursday.

Culpepper was traded to Miami earlier last month for a second-round pick, days after he requested to be traded or released.

(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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