DA: No case against Raiders coach
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Napa County District Attorney Gary Lieberstein listens to a question at a press conference where he made the announcement that his office would not bring criminal charges against Oakland Raiders head coach Tom Cable. J.L. Sousa/Register |
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Napa County District Attorney Gary Lieberstein, at podium, at a press conference where he announced that his office will not bring criminal charges against Oakland Raiders head coach Tom Cable. Randy Hanson, an Oakland Raiders assistant coach, alleged that Cable had broken Hanson's jaw in an altercation at the Raiders training camp at the Napa Valley Marriott in August. At left is Napa County Deputy District Attorney Paul Gero. J.L. Sousa/Register |
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Witnesses counter testimony that Cable punched assistant
By ALISHA WYMAN
Register Staff Writer
November 18th, 2009
November 16th, 2009
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The Napa County District Attorney’s Office will not file charges against Oakland Raiders Head Coach Tom Cable following allegations that he assaulted an assistant coach during summer training camp in Napa.
District Attorney Gary Lieberstein announced the decision at a press conference Thursday afternoon, saying three witnesses told investigators that Cable didn’t punch or threaten Randy Hanson. Inconsistencies in Hanson’s account also played into the final decision, he said.
“Our job is to do the right thing for the right reasons,” Lieberstein said.
Based on the evidence, it is unlikely the office could prove Cable’s guilt beyond a reasonable doubt to a jury, he said. The office has an ethical duty to not charge cases with scant evidence or ones that would not be “in the interest of justice.”
“Our job is not just to throw stuff up in front of a jury and see what happens,” he said.
The office’s review of the case found that the incident began during a heated discussion among coaches about Hanson’s future with the Raiders. The discussion took place at the Napa Valley Marriott, where the Raiders stay each summer while working out at adjacent Redwood Middle School.
Cable grew angry and started toward Hanson, Lieberstein said. Before Cable reached Hanson, defensive backs coach Lionel Washington stepped in between them. Cable bumped into Washington, and Washington bumped into Hanson’s chair.
Hanson was leaning back in the chair with his feet on a table at the time, and the force caused him to fall to the ground. It’s likely the fall that caused him to break his jaw, Lieberstein said.
After he fell, Cable approached Hanson and grabbed him by the shirt, but witnesses told investigators he never threatened or hit Hanson.
Lieberstein said prosecutors also took into account Hanson’s behavior following the incident.
Hanson went to Queen of the Valley Medical Center for examination on the evening of Aug. 5 and said he had been assaulted. He refused to give any further details and objected when medical personnel told him they must, by law, call law enforcement.
Hanson gave few details when police arrived, and he declined to identify a suspect. Police were unable to identify the room where the incident occurred, so they couldn’t process it for evidence, Lieberstein said.
It wasn’t until the end of September that Hanson consented to an interview, which his attorney attended. He told investigators he was there because police asked him talk and his attorney advised him to, Lieberstein said.
The interview was inconsistent with the original statement he made, and it left out the details of what had taken place leading up to Cable’s approach.
Hanson later gave statements to a reporter that further conflicted with previous accounts.
Investigators were unable to resolve these changes in his story during a final interview Wednesday, Lieberstein said.
Within the past week and a half, Hanson came to the Napa Police Department unannounced and said the Raiders had not given him what he asked for, so he would fully cooperate with the prosecution, Lieberstein said.
Lieberstein, Assistant District Attorney Lee Philipson and Senior Deputy District Attorney Paul Gero agreed that, given the history leading up to the events, the lack of evidence, the witness statements and Hanson’s wavering testimony, no charges should be filed.
Napa Police officials agreed, he said.
Although Cable is a well-known sports figure, the case is like any other felony assault case it reviews, Lieberstein said.
“We’re dealing with real people, real lives and real consequences,” he said. “Who this affects and who is interested is no different than any other case that we handle in this office.”
In answers to reporter’s questions, Lieberstein acknowledged the incident may appear to be a “textbook” example of assault, but said it is more akin to a person jostling someone else. Felony assault requires that the attack be willful, and evidence
doesn’t show that to be the case, he said.
When asked if his decision came out of pressure from the Raiders or threats that they might not train in Napa should charges be filed, Lieberstein said no.
“My title is District Attorney of Napa County; I’m not president of the Chamber of Commerce of Napa,” he said. “Whether the Raiders choose to have their camp here or somewhere else has nothing to do with my obligation as district attorney.”
He also said he doubts that the witnesses spoke out of direction from the Raiders. They all spoke candidly, appeared credible and mirrored each other, he said.
The police department conducted the interviews and videotaped them. Members of the District Attorney’s office reviewed the tapes.
There was no reason to interview any of them a second time since their statements were “straightforward,” he said.
Cable exercised his right to remain silent and didn’t consent to an interview, he said.
The Raiders organization has been waiting patiently for the outcome of the investigation, “and now this matter is resolved,” said Raiders spokesman Mike Taylor.
“Our focus has been and remains on the New York Jets,” he said, referring to the Raiders’ opponents this weekend.
He declined to comment to further.
Hanson’s attorney, John McGuinn, did not return a call.
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reason-ator wrote on Oct 23, 2009 12:56 AM:
But I would love to have been an invisible fly on a few walls around here watching certain people dance, try to be invisible, or searching for the spotlight so they could stand in it..... "
esanoche wrote on Oct 23, 2009 4:48 AM:
yessam99 wrote on Oct 23, 2009 6:20 AM:
bear21 wrote on Oct 23, 2009 6:56 AM:
1962 native wrote on Oct 23, 2009 7:09 AM:
golfpro wrote on Oct 23, 2009 7:28 AM:
Rocketman wrote on Oct 23, 2009 7:29 AM:
So It Goes wrote on Oct 23, 2009 7:39 AM:
For not wasting public time and money on a case that the "victim" himself made a calculated decision not to pursue at the time.
If the victim now wishes to remember exactly how the event happened, let him pursue it in civil court.
This appears to be just a bunch of men acting like poorly behaving high school jocks.
Don't waste our public funds refereeing "professional" football coaches that can't manage their own behaviors.
Let’s protect real victims of abuse. "
buddyboy wrote on Oct 23, 2009 7:44 AM:
ambonizay wrote on Oct 23, 2009 7:54 AM:
ambonizay wrote on Oct 23, 2009 7:59 AM:
daveposner wrote on Oct 23, 2009 8:19 AM:
Wine nurse wrote on Oct 23, 2009 8:21 AM:
JustMyyOpinion wrote on Oct 23, 2009 8:29 AM:
amazed wrote on Oct 23, 2009 8:38 AM:
Clearly, the assault happened, then Hanson looked for a payoff. The Raiders stalled, so he went to the police. When the payoff came through, the victim's cooperation vanished, and the witnesses closed ranks. "
Demo Cracy wrote on Oct 23, 2009 8:45 AM:
realitybites wrote on Oct 23, 2009 9:05 AM:
funnygirl wrote on Oct 23, 2009 9:31 AM:
firststreetmayor wrote on Oct 23, 2009 9:54 AM:
DA said to Napan's Go Free 300lb. Raging Man !! I won't waste the Tax payers money on this case.
So from now on if a person rages forward towards another person in Napa and the other person, or lets call him the victim for now take's a fall and hurt's themselves, and of course he did not lay a fist on that person, not even a pinky,
that person will not be charged ? well Napan's and their families will be the test of this when it happens again in Napa.
As gangs roam the streets of Napa now looking for trouble, will it be your word or the word of others that you had words with one of their friends then you fell off the curb as you were backing away from trouble.
Can you count on Gary Lieberstein to be their for you, doubt it ..
Voted in this next coming election. ??? "
Napkin wrote on Oct 23, 2009 10:14 AM:
He doesn't press charges so he's accused of pandering to the Raiders (i.e. rich people)....that they're getting away with a crime and if a common person had done the same thing they'd be in jail.
If he does press charges he's accused of prosecuting a meaningless crime and just wants the media attention so he can be re-elected.....that it was just a scuffle between a bunch of hot-headed guys and the DA should be going after real criminals who commit real crimes and he's wasting tax-payer money.
Yep...a no win situation for sure. "
napamouth wrote on Oct 23, 2009 10:17 AM:
cyclopath wrote on Oct 23, 2009 10:39 AM:
balance wrote on Oct 23, 2009 11:20 AM:
martini wrote on Oct 23, 2009 11:20 AM:
daveposner wrote on Oct 23, 2009 11:21 AM:
abouttime wrote on Oct 23, 2009 11:55 AM:
Explorer wrote on Oct 23, 2009 11:59 AM:
I'm sure the tens of thousands of dollars they put into the local economy have nothing to do with the decision. "
hawkins707 wrote on Oct 23, 2009 12:13 PM:
realitybites wrote on Oct 23, 2009 1:25 PM:
jmo wrote on Oct 23, 2009 1:34 PM:
Ray Ratto has a spot on piece on this in today's SF Chronicle. Give it a read.
Was Cable rushing up a shake Hanson's hand before a coach "got in the way"!
What a miscarriage of justice. "
Bear_the_dog wrote on Oct 23, 2009 2:04 PM:
Brea wrote on Oct 23, 2009 2:50 PM:
It should be further noted that within the past week and a half, Mr. Hanson showed up unannounced at the police department and made a statement to the effect that since the Raiders had not given him what he asked for, he would now fully cooperate with the prosecution.
What does that tell you?? Hanson thought that he could be greedy and blackmail the organization. Got torqued off when things didn't go his way. That's how I sum it up. "
Cowboy wrote on Oct 23, 2009 3:00 PM:
traceeg wrote on Oct 23, 2009 3:00 PM:
You're so right. It's all political. So obvious that Napa needs the money the Raiders are paying to practice. If there are charges against the Coach - there are charges against the team. We need be to on their side after all - no matter who's wrong... "
alucawanza wrote on Oct 23, 2009 3:34 PM:
jpcrash wrote on Oct 23, 2009 11:39 PM:
But the DA does do that. Almost every single one does "
yetiyet wrote on Oct 24, 2009 1:09 PM:
Lexme2 wrote on Oct 26, 2009 3:56 PM:
realitybites wrote on Oct 27, 2009 1:30 PM: