Raiders' Russell Goes Free
as County D.A. Drops Charges

OAKLAND -- Alameda County prosecutors, citing a lack of sufficient evidence, dropped sexual assault and rape charges against Oakland Raider Darrell Russell yesterday, apparently ending the latest chapter in the athlete’s troubled history in the Bay Area. Russell was facing felony charges for allegedly drugging a 28-year-old Sunnyvale woman with the date-rape drug GHB and videotaping two of his friends having sex with her in late January.

In less than five minutes of the preliminary hearing in Alameda County Superior Court in Oakland, prosecutors said they didn’t have enough evidence, including toxicological proof, to take the case any further and filed for a dismissal. Russell, 26, along with Ali Martine Hayes, 27 and Na'eem Rashad Perry, 24 shortly walked out of the courtroom. Each had pleaded not guilty.

Deputy District Attorney Kevin Murphy said there was no one item or event that broke the case down.

Despite a grainy 21-minute black-and-white video submitted as evidence, and testimony from the victim, Murphy said he still didn’t believe his office had enough for a conviction. "We have to prove beyond a reasonable doubt," he said. Additionally, Murphy stated that there was no toxicological evidence for the presence of GHB.

GHB is an odorless, colorless liquid that upon consumption can cause drowsiness, dizziness, unconsciousness and memory loss. The drug can be flushed from the body as early as the first urine after ingestion.

According to Russell’s lawyer, Chris Arguedas, the videotape shows consensual sex with an active participant. "That’s why their case fell apart," said Arguedas. Arguedas also stated that Russell passed a polygraph test concerning his involvement with the allegations.

Both the prosecution and defense affirmed that it’s unusual to drop a case so early in the legal process. Typically, a judge rubber-stamps a preliminary hearing and leaves it for a jury to decide.
A dazed Russell stood outside the courtroom fielding questions from reporters. "I don’t know how to feel right now," he said. The ordeal, he said, has made him less trusting. "I need to turn this into a learning experience and make sure it never happens again," he said.

Russell, who is currently on suspension from the Raiders for violating the National Football League's substance abuse policy, said that this latest skirmish with the law won’t stop him from playing football in the future.