DA decides not to file charges against Sherron Collins

Originally posted 05:07 p.m., July 11, 2008
Updated 06:47 p.m., July 11, 2008

DA will not file charges against Sherron Collins

The District Attorney says his office does not have enough evidence to file criminal charges against a KU basketball player for an alleged incident at Jayhawker Towers last year.

The District Attorney says his office does not have enough evidence to file criminal charges against a KU basketball player for an alleged incident at Jayhawker Towers last year. Watch video »

Douglas County District Attorney Charles Branson declined to file criminal charges against Kansas University basketball player Sherron M. Collins on Friday, based on insufficient evidence.

Jessica Brown, 35, has filed a civil lawsuit against Collins, 21, in reference to an incident reported to have occurred at the Jayhawker Towers on the Kansas University campus.

In the lawsuit, Brown accused Collins of exposing himself and rubbing against her despite being told repeatedly to stop. She said the incident occurred May 18, 2007, in an elevator at Jayhawker Towers, where she worked.

Collins has denied the allegations.

Brown won a default judgment in the civil case, because Collins did not respond to her lawsuit. Collins has filed a motion to have the default judgment set aside on the ground that he did not have proper notice of the lawsuit. Douglas County District Judge Jack Murphy is scheduled to hear that motion and others on Aug. 1.

Branson’s decision to not file criminal charges does not affect the civil case.

“Based on the investigation done by KU Public Safety, the lab reports that we requested from KBI (Kansas Bureau of Investigation), we thought there was insufficient evidence that we could file a case that we could prove beyond a reasonable doubt,” Branson said late Friday.

The burden of proof in a civil case is lower: preponderance of the evidence rather than “beyond a reasonable doubt.”

Case more than year old

The incident was reported to KU police in May 2007. The Public Safety Office investigated the matter by conducting interviews and collecting potential evidence to corroborate the report, according to Branson’s office.

Evidence was sent to KBI for testing. KBI returned one of the two tests requested in June 2007. The second, more sensitive test, was not performed “because of a low probability of success,” according to a news release from Branson’s office.

At Branson’s request, the second test was conducted in October 2007. Those results were provided to Branson’s office last month. According to the release, the testing “did not provide any additional evidence in the case.”

“I think KU did a prompt job of investigating the matter,” Branson said. “We had a time drag with KBI, but it’s not unusual in those kind of circumstances.”

Branson did not specify what items KBI tested.

Branson said he had spoken with Brown in May 2007 and last week about the case.

“The victim was very disappointed that the testing did not provide the corroborating evidence that would support a criminal charge and she understands the difficulty of pursuing a criminal case under these circumstances,” Branson said.

The statute of limitations on the criminal case is five years.

Brown’s attorney Jim Wisler could not be reached for comment Friday evening.

Collins’ response

Collins maintained his innocence after hearing of Branson’s decision.

“Although these claims have been very hurtful to me personally and damaged my reputation, I have always been confident that there is no evidence that could implicate me in any way, shape or form,” said Collins in a statement released by KU. “I am innocent of any inappropriate behavior and hopefully this news today will help return my good name.”

KU also released the following statement from head KU basketball coach Bill Self:

“This information comes as no surprise to me. Sherron has maintained his innocence since the day these allegations were made over a year ago. I have supported Sherron since these claims were made and will continue to do so.”

Staff writer Dugan Arnett contributed to this story.

Comments

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Posted by okjhok (anonymous) on July 11, 2008 at 5:13 p.m. (Suggest removal)

Speaking only as a KU basketball fan, that's a relief.

Posted by WisconsinJayhawk (anonymous) on July 11, 2008 at 5:16 p.m. (Suggest removal)

Penisgate is now over.

...

Posted by HawkSC (anonymous) on July 11, 2008 at 5:19 p.m. (Suggest removal)

It should also serve as a reminder to these young men to be judicious in the choice of who they deal with or hang with now and in their futures. A number of people who want to be associated with them have ulterior motives. They need to understand that they have targets on their backs.

And I'm glad that the DA did not find evidence enough to file charges.

RCJHKU

Posted by aledell (anonymous) on July 11, 2008 at 5:39 p.m. (Suggest removal)

Ok at this point I have to think the guy with all the religious perspectives has to be joking. Right?

And yes this is great news. I still think coach needs to suspend him a game or 2 early for the irresponsible behavior of missing the court date. Just my opinion.

Posted by kansaspike (anonymous) on July 11, 2008 at 5:40 p.m. (Suggest removal)

So the $75,000 judgement is thrown out?

Posted by jross1972 (Johann Ross) on July 11, 2008 at 6:05 p.m. (Suggest removal)

No one will ever know what really happened in that elevator except the two individuals present. If Sherron did no wrong, this is a JOYOUS day of vindication for Sherron!!!! I hope he learns to be careful NOT to put himself in situations where things like this can even be construed. If in reality he got away with a crime my sympathies would go to the victim. Either way, Im sure the take-home message that Sherron gets from this is to be careful about his actions.

Now, let's move forward and focus on the upcoming season.

Posted by jross1972 (Johann Ross) on July 11, 2008 at 6:06 p.m. (Suggest removal)

Incidentally, I wonder who the first idiot will be to ask Keegan to recant/apologize.

Posted by stravinsky (anonymous) on July 11, 2008 at 6:29 p.m. (Suggest removal)

As to jross, when that happens, I hope they use the word 'recant.' It's just got so much more intense, medieval witch burning vibes.

What a relief. I'm just glad this never got national publicity. Then again I guess this is, unfortunately, tame (alleged) action by an athlete. I think I saw something like 3 rape cases being mentioned on ESPN just this week. Ugh.

Posted by trich424 (anonymous) on July 11, 2008 at 7:04 p.m. (Suggest removal)

He still has to pay the $75,000 judgement (unless he wins that too). This is criminal charges.

Posted by jbrownjib (anonymous) on July 11, 2008 at 8:04 p.m. (Suggest removal)

This is a case of he said/she said. I don't believe that Sherron did anything this lude to risk his reputation or career. However, he has to be ultra careful in the future to make sure that he is not in a situation where anyone can make false accusations of him. I feel bad that the players have to live with this kind of fear. This situation does make a good case that the all of the sports teams need their own living quarters separate from general student dorms.

Posted by ohioburg (anonymous) on July 11, 2008 at 8:38 p.m. (Suggest removal)

Lord God,

I love to see myself published. For though I Envy those who have the skills to be published authors, blogs are the only avenue I have to satisfy my own needs for attention. Please give me any avenue to chastise and ridicule others for not claiming Jesus as their savior while I commit the sin of Pride myself. Go forth and win championships because no one will read my posts if my team goes 3-13 in the conference season. Amen and Go Jayhawks.

Posted by rockchalkjayhawk81 (anonymous) on July 11, 2008 at 9:15 p.m. (Suggest removal)

do you think they really could have fielded a jury without a single jayhawk fan? if the penis does not fit,, you must acquit.

Posted by KoolKeithFreeze (anonymous) on July 11, 2008 at 9:35 p.m. (Suggest removal)

Um, I think the "Cole Aldrich collecting underage pornography" shows that djkc28 is obviously joking. No need to get bent out of shape kids. And if you guys had actually READ the article, you would know that Sherron is not out of hot water yet. The $75,000 civil verdict has not been overturned. It is still under appeal. And, according to the article, the "burden of proof in a civil case is lower" than in a criminal case.

Posted by kuilander (anonymous) on July 11, 2008 at 9:45 p.m. (Suggest removal)

to answer ... no this doesnt not throw out the $75,000 civil judgement. Civil court and criminal courst carry two different proceedings and possibly two different judgements. a specific example is OJ - innocent in the criminal court, guilty in the civil and will be piss poor the rest of his life ... hence the armed robbery attempt lol

Posted by yukdown (anonymous) on July 11, 2008 at 11:17 p.m. (Suggest removal)

Possession of child pornography is no joking matter. Making such an allegation, even on an anonymous message board such as this, can do serious damage to a person's reputation. This is how rumors get started. The last thing Cole, or anybody needs is for some nimrod to make a comment like that, and other idiots to take the ball and run with it. I can imagine the Antler buffoons at Mizzou use posts like the ones from djkc28 as show-prep for their mindless insults towards our players.

Posted by tis4tim (anonymous) on July 12, 2008 at 2:01 a.m. (Suggest removal)

"It should also serve as a reminder to these young men to be judicious in the choice of who they deal with or hang with now and in their futures."

And live as close to the ground floor as humanly possible.

Posted by yates33333 (anonymous) on July 12, 2008 at 8:24 a.m. (Suggest removal)

What are they supposed to do, stop riding elevators? Some of these comments are surreal.

Posted by jhwkfan162515 (anonymous) on July 12, 2008 at 9:11 a.m. (Suggest removal)

I'm just glad we're well on the way to getting this thing taken care of once and for all.

Hey WisconsinJayhawk, that's kinda funny. However, I look forward to the day when we can stop adding the suffix "-gate" to a word every time a scandal breaks out. Let's see, there's Monicagate, Rathergate, Spygate, the list goes on. Come on, Watergate was 35 years ago! Next time a big scandal comes along, let's do it differently!

Posted by jhwkfan162515 (anonymous) on July 12, 2008 at 9:15 a.m. (Suggest removal)

And djkc28, I used to think you were a breath of fresh air, and said as much on one of these boards. But after your comments about Cole Aldrich, I finally see you for the noxious weed that you are. If your comments are unsubstantiated, the Aldrich family could sue the pants off of you. The family of Oklahoma quarterback Sam Bradford is doing the same thing to a Nebraska fan who said Bradford and a friend had been arrested for cocaine possession. You could have done well to learn from that ugly mess and restrained yourself in your postings.

Posted by tomike (anonymous) on July 12, 2008 at 10:04 a.m. (Suggest removal)

Some Christians thought they are God or they can judge. If I had the right to judge, I would say they are NOT Christians.

Posted by jhwkfan162515 (anonymous) on July 12, 2008 at 10:38 a.m. (Suggest removal)

And another thing, djkc28, you obviously don't know your Bible that well, or, if you are joking as some people here seem to think, you would have considered this little Proverb:

Like a madman who throws flaming darts and deadly arrows, so is the man who deceives his neighbor and says, "I was only joking!" (Proverbs 26.18-19 HCSB)

Posted by rcaltrider (anonymous) on July 12, 2008 at 11:38 a.m. (Suggest removal)

Those who say that this should teach Sherron and other athletes not to put themselves in situations like this are ridiculous. What situation did he put himself in? He rode an elevator which happened to also be occupied by a female. Are they supposed to take the stairs if they see a female on an elevator?

Posted by HousJHawk (anonymous) on July 12, 2008 at 1:47 p.m. (Suggest removal)

I don't want to be pain in the a** and repeat the obvious (that has already been stated) but the so called "funny" comments above about Cole Aldrich receiving under age porn is, well, stupid and a potentially tortious cause of action, e.g., defamation of character or libel, etc. Yes, I know, djkc28, you were attempting to be funny, but, let's face it, your comments were not only beyond the legal limits of acceptable speech they were really not that funny. Leave the funny comments to someone with more wit and class. Yeah, I know. I'm sure that I am supposed to just laugh it off and ignore a stupid post on a sport talk page, but the ignorance of the unsubstantiated allegation is reaches Antler territory in its hillbilliness. Yes, that is a word.

Posted by Sparko (anonymous) on July 12, 2008 at 10:07 p.m. (Suggest removal)

The case distilled down to an allegation that could never have been substantiated. This charge was outrageously unsupported, and the plaintiff had unrestricted access to the athlete's private areas, which would have put any possible "evidence" in doubt anyway. Why aren't there cameras in our athletes common areas? They are famous, and somewhat more at risk than most of us--stalkers, antlers, and thieves et al.

Anyway: how many 10-second elevator rides involving average people wound up in civil court last year--with events that could not be objectively corroborated?
I was a bit miffed with Keegans' and others tones on this thing. "We have to give both sides equal weight." "Unwitnessed frottage is the bane of athletics." I thought Sherron deserved a huge benefit of a doubt; incredible allegations require incredible evidence. QED.

Posted by fansincewilt (anonymous) on July 12, 2008 at 10:37 p.m. (Suggest removal)

I enjoyed the 40 - 12 run by the Jayhawks over the Tar Heels again this morning. Sherron and Cole were really big in that game. What a game. These guys will never completely understand how much joy they bring to an old guy like me. Come on guys, let's focus on next season. The only way to top this one is to do a back to back one when no one expects it. Collins and Aldrich proved they are ready to play at the highest college basketball level. They are just going to need some help. Collins has the ability to lead this team a long way next year. This year, though, defenses will be focused on him. He will do just fine.

Posted by actorman (anonymous) on July 12, 2008 at 11:46 p.m. (Suggest removal)

"a specific example is OJ - innocent in the criminal court, guilty in the civil and will be piss poor the rest of his life ... hence the armed robbery attempt lol"

From what I can remember, OJ was getting a $250,000 a year pension from the NFL that couldn't be touched by the civil judgment, so I don't think he was exactly facing a lifetime of poverty. Who knows why he went through with the robbery attempt, other than maybe that he's completely off his rocker.

I can't wait for the day when djkc posts one of his inanities and it doesn't get a SINGLE response. Guys, the whole point of his "joke" is obviously to sit back in his weird, warped way and laugh at all the people who respond to his "posts" and comment on them. (And yes, I realize the irony of my making that point while commenting on him.) Please stop giving him the satisfaction by noticing that he exists. If we all ignored him long enough, maybe he would just go away.

Posted by jross1972 (Johann Ross) on July 13, 2008 at 8:12 a.m. (Suggest removal)

Sparko, in fairness: Keegan's position that the accuser deserved respect is not incongruent with your position that Sherron Collins should be given the benefit of the doubt and esteemed as innocent (until proof of guilt).

Posted by njthomas (anonymous) on July 13, 2008 at 1:02 p.m. (Suggest removal)

Wow. As far as I can tell the conversations get weirdly heated and religious during the off-season. What's that about?

Also, did anyone else read the headline and for a split second think, "Why would Darrel Arthur file charges against Collins?"

Posted by soobawls (anonymous) on July 13, 2008 at 5:15 p.m. (Suggest removal)

The accuser deserved nothing but derision and scorn. Just another gold-digger looking for her 15. Collins should sue her, Keegan and their families into poverty.

Posted by packywacky88 (anonymous) on July 13, 2008 at 11:11 p.m. (Suggest removal)

I'm glad potential criminal charges are behind Sherron....NOW...are we ready for some FOOTBALL!!!!!!!

Posted by actorman (anonymous) on July 14, 2008 at 4:40 p.m. (Suggest removal)

Also, did anyone else read the headline and for a split second think, "Why would Darrel Arthur file charges against Collins?"

That's funny, nj, I was thinking the same thing.

On another note, wouldn't it be wonderful if we could all be as certain of everything is soobawls is? Having no gray area would sure make life a lot simpler.

Posted by JDB (anonymous) on July 14, 2008 at 7:48 p.m. (Suggest removal)

Sparko: "This charge was outrageously unsupported, and the plaintiff had unrestricted access to the athlete's private areas, which would have put any possible "evidence" in doubt anyway."

=================

Do you know something we don't Sparko?

What's with the "unrestricted access"?

Does he ride in elevators just wearing a towel, bathrobe or raincoat or something?

==================

BTW, wouldn't this type of thing be rather embarrassing for any male? A charge of indecent exposure dropped for "insufficient evidence"? Talk about giving the Antlers some ammo...

Posted by soapboxstew (anonymous) on July 14, 2008 at 10:31 p.m. (Suggest removal)

JBD,
Unrestricted access as in: She has access to the showers, where certain kinds of hair don't make it down the drain. Unrestricted Access as in: to his room. And everywhere in that building. I could set you up for ANYTHING with access to your personal spaces like this woman had access to Sherron's.

jross,
Again, you have great insight, and I always enjoy your posts; BUT Keegan did assume guilt on the party that was supposed to be "innocent until proven guilty" with his article. Perhaps you didn't catch it, but do you see how many different posters agree with me in that Keegan assumed the guilt of Collins?

And to all:
This is just the beginning of what Self, Collins, and I have said all along: He didn't do it.

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