Closeout memo alleges bizarre behavior by Kaepernick's accuser

The 49ers quarterback and two other NFL players won't face charges related to a complaint filed by a Miami woman.

The 49ers were never concerned Colin Kaepernick would face charges as the result of a complaint filed by a Miami woman earlier this spring. Thursday, they were proven right.

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The Miami-Dade County State Attorney's Office announced Thursday that no charges will be brought against San Francisco 49ers quarterback Colin Kaepernick, Seattle Seahawks wide receiver Ricardo Lockette and Niners receiver Quinton Patton related to a complaint filed by a woman in the spring.

The closeout memo on the case states the woman underwent a rape examination that revealed no evidence of sexual intercourse and that there was "no evidence to prove beyond a reasonable doubt any crime was committed against the complainant."

The 49ers were confident Kaepernick would be cleared and, though they initially halted contract negotiations out of respect for the investigation, last week gave the quarterback an extension that could be worth up to $126 million. Kaepernick maintained his innocence and was backed by head coach Jim Harbaugh.

The woman, who told police she had previously had sex with Kaepernick, claimed that on April 3 he kissed and undressed her in a Miami apartment after she'd mixed drinks for him and the other players. The woman also said the players told her she wasn't permitted to drink the shots until she took a hit of a bong that contained marijuana.

The accounts from the responding officers, as well as hotel security, indicate Kaepernick wasn't in the apartment when they arrived.

A member of hotel security said in a written statement to police the woman was lying on the bed and asking for Kaepernick, only to be told by Lockette he wasn't there. The security officer then claims the woman began "asking for God to forgive her of her sins and began to screamed (sic) out very loud, uttering words that could not be understood." The security officer stated police were initially able to calm the woman down when they arrived but then "she became even louder and started banging her head against the bedroom walls and kicking uncontrollably."

Responding officers stated the woman was on the bed, "face up and completely naked," when they arrived. "Her body was moving as if engaged in a sex act, although there was no one else in the room," the state attorney's closeout memo reads. "When she heard the officers' voices, the complainant  started screaming incoherently about Jesus and devils. At one point, the complainant took the wig off her head and threw it at the officers."

The woman was interviewed by police a second time and stated in that conversation she had been in contact with Lockette in advance of the incident in Miami. The woman stated she took a bus to Miami in hope of seeing Kaepernick and that she had "taken a shower and shaved her pubic area because she planned on having sex with Kaepernick that night." She maintained he had kissed and undressed her but left the room and didn't return. The woman said she saw Kaepernick speaking with two other women on the balcony. She returned to the bedroom and the next thing she remembers was being handcuffed on the floor.

According to the closeout memo, an attorney for the players met with police to provide information from his clients about the events of that evening. The attorney told police Kaepernick had cut off communication with the woman after she called him on April Fool’s Day 2013 to tell him she was pregnant. The attorney said the woman then unsuccessfully tried contacting Kaepernick through social media before turning her attention to Lockette.

Eventually, she learned Kaepernick and Lockette would be in Miami and made arrangements to visit them, traveling by Greyhound bus. After the woman's behavior deteriorated, Kaepernick contacted a nearby friend and decided to leave the hotel.

"I'm leaving right now I'm terrified," Kaepernick texted the friend, according to the prosecutor's memo.

After taking in all of these accounts, as well as those of the women on the balcony, the state attorney decided not to bring charges and closed the investigation.

The Associated Press contributed to this report.

 

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