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DA: No case against Raiders coach
Witnesses counter testimony that Cable punched assistant
Friday, October 23, 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.
39 comment(s)

reason-ator wrote on Oct 23, 2009 12:56 AM:

" Well, duh.

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:

" Justice seems to always different for the rich and famous "

yessam99 wrote on Oct 23, 2009 6:20 AM:

" WHy am I not surprised that the Napa D.A. will do nothing? Oh yea, it's not a DUI! "

bear21 wrote on Oct 23, 2009 6:56 AM:

" Yeah, that's a likely story Mr. D.A. He fell off his chair and broke his jaw? Right. Let's call this like it is. The assistant coaches (witnesses) covered up what actually happened to save their jobs from Big Al Davis. In addition, the D.A. does not want to press charges in fear of repercussions from the Raider organization- i.e., taking their training camp out of Napa. It's really that simple. It's unfortunate all parties involved would not stand up for what is right. "

1962 native wrote on Oct 23, 2009 7:09 AM:

" Cable was quoted saying "I am going to kill you" to Hansen. What ells is there to say. Thats about as direct as you can get in threating someone. "

golfpro wrote on Oct 23, 2009 7:28 AM:

" Way to take a chance Gary! Too bad that you don't have the drive to try to put a charge against someone who you know was violent and broke someones jaw. Oh, that's right, you only take cases that you can win. Cable is guilty and his band of merry men are backing him. Wouldn't you if you were on the payroll. I'm not defending Hanson, but wrong doing is wrong doing. Remind me to commit my crime in Napa Valley and not in Oakland. "

Rocketman wrote on Oct 23, 2009 7:29 AM:

" I would call this Monday morning Quarterbacking, but's it's Friday...........Glad to see all of you have read the police reports saw the interviews and have determined this is a complete cover-up......Guess they should have prosecuted the case so you all would be satisfied........... "

So It Goes wrote on Oct 23, 2009 7:39 AM:

" Thank you Mr. Lieberstein…
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:

" The campaign donation is in the mail "

ambonizay wrote on Oct 23, 2009 7:54 AM:

" Crime does pay, huh Gary? Just watch the action in the civil suit...how do you spell Cable? O J. "

ambonizay wrote on Oct 23, 2009 7:59 AM:

" Cable's story is plausible....falling off a chair and fracturing a jaw is similar to something that happened to me. I was hit on top of my head by a floating feather and suffered a scull fracture. See things do happen. "

daveposner wrote on Oct 23, 2009 8:19 AM:

" It might have gone differently if the Raiders hadn't won against Philadelphia. "

Wine nurse wrote on Oct 23, 2009 8:21 AM:

" "fell of the chair and broke his jaw" is he serious? what a Crock ! "

JustMyyOpinion wrote on Oct 23, 2009 8:29 AM:

" It is amazing that even though there was a direct death threat that Cable can walk away unscathed. Not surprising, just amazing. "

amazed wrote on Oct 23, 2009 8:38 AM:

" That was a complete whitewash, but i think the whitewash was within the Raiders organization, not the D.A.'s Office. What is law enforcement supposed to do when the witnesses' statements strangely "mirror" each other? That simply doesn't happen in the real world.

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:

" The DA can only go with evidence. Lieberstein is a good DA. High profile cases like this test his ability to follow the law, not play to emotions. "

realitybites wrote on Oct 23, 2009 9:05 AM:

" Selective enforcement strikes again. The Raiders generate revenue for the county. It's not suprise that their head coach is immune from prosecution. If this had been a domestic dispute between a hispanic couple the dude would still be behind bars. "

funnygirl wrote on Oct 23, 2009 9:31 AM:

" Thats justice? its all about money and the fact that the raiders practice in napa. why would napa want to miss out on the money. The average person would have a felony charge. "

firststreetmayor wrote on Oct 23, 2009 9:54 AM:

" So If you have words with a large man 300lbs, he rages towards you 175lbs, his friends come at you, now you have a broken jaw, and the police dept reports to the DA that you were it very hard.

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:

" Really a no-win situation for ol' Gary if you think about.

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:

" Sounds like special privileges to me. I'm wondering if the coach received a letter threatening him that he will face charges unless he attended several meetings having to do with anger management such as I did when a tenant and his friend claimed that I kicked him...with no marks at all. The course was over 200.00 and only a complaint was filied. I'm sure I'm not the only one who received such a letter from the Napa DA. Doubt the coach did! "

cyclopath wrote on Oct 23, 2009 10:39 AM:

" Great for the Cable and great for the Raiders! Hopefully the NFL does nothing about this too. Go Raiders! Beat the Jets! "

balance wrote on Oct 23, 2009 11:20 AM:

" Monday morning quarterbacking is right. How do the DA critics think the DA or his deputy could prove to a jury that Cable attacked Hanson when all the witnesses say it didn't happen and Hanson himself would be destroyed on the stand by the defense attorney? It sure has the appearance that Hanson was only concerned with how he could make money from the incident. He can still file a civil suit - want to bet on his chances of winning? "

martini wrote on Oct 23, 2009 11:20 AM:

" Great job Napa DA. Show everyone that the law here in Napa doesn't apply equally to everyone. Why protect a group that does very little for our community. Closed practices little interaction with the community. They make money for the Marriot and the city and thats about it. "

daveposner wrote on Oct 23, 2009 11:21 AM:

" Now that I think about it, perjury is a pretty serious crime and intimidating a witness is probably a much more serious crime. I can't believe those coaches would not tell the truth in the face of that threat particularly with so many witnesses. So maybe Cable is telling the truth. "

abouttime wrote on Oct 23, 2009 11:55 AM:

" To all you geniuses that never went to law school.. you can't prosecute a case without either evidence for corroborating witnesses. While I to believe something happened and the Cable is a thug, if you can't prove it, if the witnesses won't talk because they don't want to hurt their meal ticket, you can't prosecute. Why waste a jury's time. It has nothing to do with Napa or wanting to keep the Raiders. If they cover up to protect their own their is nothing the DA can do. Case closed "

Explorer wrote on Oct 23, 2009 11:59 AM:

" I love how they didn't even interview Cable.

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:

" ...and this is why there will never be another Outsiders written. It's a punch, people! "

realitybites wrote on Oct 23, 2009 1:25 PM:

" Hey genius who claims to have gone to law school - what makes you think the DA takes cases to trial ONLY when they have a dead bang winner? Doesn't happen A LOT of the time. Just because there is little to no evidence doesn't mean the DA in Napa County won't file charges. Even without witness the DA consistently files charges when there is an actual injury. "

jmo wrote on Oct 23, 2009 1:34 PM:

" Ya and OJ didn't do it.
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:

" Hanson did not provide a consistent story and left too much room room for question. The D.A. recognized that despite the evidence, there was too points where a good defense would tear open, leaving big questions. All of this for an incident most people may end up with 6 months in a county jail. It was going to cost the DA quite a bit for a case they knew they couldn't prove beyond a reasonable doubt. The DA did not exonerate Cable as never doing anything wrong, but recognized no good would come of prosecuting this, just more wasted time and money. This is a case that needs to be dealt with by a civil case, not criminal case. It will now be up to Hanson's lawyers vs. Cable's lawyers. My guess is it will be handled out of court and therefore the results never known by most of us. "

Brea wrote on Oct 23, 2009 2:50 PM:

" As much as I believe that Cable is guilty(like the rest of you) take a look at this fact:

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:

" I find it remarkable that so many haven't picked up on the good ol' boy's club, and how the DA dragged his feet until they had time to get their stories straight so he wouldn't have to prosecute. "

traceeg wrote on Oct 23, 2009 3:00 PM:

" Funny Girl -

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:

" Go Niners! "

jpcrash wrote on Oct 23, 2009 11:39 PM:

" “Our job is not just to throw stuff up in front of a jury and see what happens,” he said.

But the DA does do that. Almost every single one does "

yetiyet wrote on Oct 24, 2009 1:09 PM:

" deplorable that the DA felt politically obliged to spend so many limited resources on juvenile school yard antics. The top investigator in the county should stand up against biased political influence and remember he works for the taxpayer who requires him to focus on crime which is destroying this once beautiful county rather than wasting taxpayer resources to keep a few appeased. Please continue to address increasing gang violence, drug trafficking, domestic violence and crimes against children rather than worrying about school yard bullies, jaywalkers and barroom brawlers. I know these things are illegal but we must prioritize for our own sake. "

Lexme2 wrote on Oct 26, 2009 3:56 PM:

" " From the posts I have read here on the issue it sounds to me like the DA is the bad guy regardless. If he doesn't press charges = Bad Guy. If he did press charges, Cable would have been let go as there was no evidence. If that happened these same people would be asking why he wasted tax payer money going to court with a case with no evidence. Maybe you guys should go to law school and quit whining? " "

realitybites wrote on Oct 27, 2009 1:30 PM:

" lexme2 - The fact is that most cases go forward based upon little or no evidence. Why the DA choose not to prosecute this case is OBVIOUS - the Raiders generate revenue for the county. My tax payer dollars are wasted daily . . . why should this be any different? "

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