The special prosecutor appointed to look into the case involving three Arkansas basketball players who were accused of rape at a fraternity party last fall has decided that no charges will be filed.
I’m working on getting more info on this situation, but do have in hand a statement released by John Everett on behalf of the three players — Marcus Britt, Glenn Bryant and Nick Mason. All three were punished by the program for their role in the incident, although no criminal charges were filed. Britt was suspended for six games (he was involved in an offseason arrest prior to this incident), Bryant was suspended for two games, and Mason, a walk-on, was not allowed to be with the program through the fall semester of the school year.
You can read it in full below:
“We are happy that the special prosecutor has decided not to file criminal charges against us. We were confident that the special prosecutor would reach this conclusion because we knew all along that we did not commit any crimes. We believe that we have been unfairly portrayed and placed in a false light by this process and feel it is necessary to rectify this situation by making certain facts known to the public. We were guilty of conduct unbecoming of a Razorback student/athlete and have accepted the punishment that came with those actions. However, we did not commit the widely reported acts of which we have been accused.
Unfortunately and unfairly, we have been punished for actions we did not commit by suffering through unfounded suspicion in a public manner. The truth is that we voluntarily took and passed a polygraph examination in December, 2009 (Nick Mason did not participate) which showed that we did not engage in the conduct of which we were accused. We all voluntarily submitted DNA samples which, through scientific testing methods and procedures conducted by the Arkansas State Crime Lab, conclusively proves beyond a reasonable doubt that we did not commit the acts of which we were accused as the DNA taken from the accuser was not contributed by any of us.
As a result of those baseless but inflammatory allegations against us, we have suffered greatly, the Razorback Basketball Program has been cast in a bad light, our basketball careers have been interrupted and we have been held up to public suspicion. We genuinely believe that we are due an apology from the accuser though we harbor no great expectations of that happening. At the minimum, perhaps the Razorback nation can now accept the truth of this matter and judge us for what we did and not for what we did not do.”
— Press Release of Marcus Britt, Glenn Bryant and Nick Mason
(Update)
Also just received statements from Arkansas athletic director Jeff Long and basketball coach John Pelphrey.
Here they are below:
Jeff Long, Vice Chancellor and Director of Athletics
“We are pleased that a second comprehensive and independent review of the serious allegations made against three men’s basketball student-athletes has found no criminal wrongdoing. Given that the student-athletes have been cleared and exonerated by independent investigations conducted by the Washington County Prosecutor’s Office and Special Prosecutor H.G. Foster, the reputations of the student-athletes falsely accused should be restored. With serious criminal allegations, it is even more important to allow the investigative process to run its course before passing judgment or condemning those who have been accused.
“Coach Pelphrey has acted appropriately and decisively in addressing student-athlete conduct in our men’s basketball program and has demonstrated a commitment to our high expectations. Our athletic program is committed to working with student-athletes to foster their academic, athletic and social development while at the University of Arkansas.”
John Pelphrey, Head Men’s Basketball Coach
“I am happy that three young men on our basketball team have once again been cleared of any criminal misconduct. For the past five months, these young men and our program have been scrutinized in the court of public opinion based primarily upon unsupported allegations and speculation. I believe that the review conducted by the special prosecutor unequivocally demonstrates that these student-athletes did not commit any crime. Now that this process has been completed, we will continue to work with these young men to enable them to move forward in a positive fashion in their academic and athletic pursuits.
“As always, we will continue to address disciplinary matters in a straight-forward manner and take action when players do not meet the high expectations of conduct required of our student-athletes. We will also continue to stand behind our student-athletes as our program remains committed to representing the University of Arkansas, individually and collectively, in an appropriate manner.”
(UPDATE)
And, finally, I have a statement from John Bass, who is the attorney for the family of the woman involved in this case:
“This morning we received a copy of a letter sent by Special Prosecutor H.G. Foster informing Judge Storey of the decision not to file criminal charges. It is indeed a rare occurrence that a special prosecutor is appointed in any criminal matter. Still, based on the inherent conflicts of interest with entities involved in the investigation, the family believes it was necessary and right, though ultimately they are disappointed in the finding that convictions would not likely be secured from the evidence presented.
As stated in the Petition for Appointment of a Special Prosecutor, there is a strong and clear need for systemic change in how certain criminal investigations are conducted on the University of Arkansas campus. This is particularly true in cases involving the potential for substantial negative implications for the university’s revenue-generating activities. It is the family’s desire to see a true reformation in policies and procedures in this regard.
The family has exhausted all remedies available to them through the criminal justice system and shall not seek alternative relief. The pursuit of justice was their only goal. Moving forward, the family will continue their advocacy efforts for rape prevention and education, and will work toward effecting systemic change. The family would like to express their gratitude for the respect for their privacy in this matter, and to thank you in advance for continuation in that regard.”








