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Rape Charges Against Mitchell Dropped

December 10, 1991|H.G. REZA | TIMES STAFF WRITER

SAN DIEGO — Criminal charges against Kevin Mitchell, San Francisco Giants outfielder, were dropped Monday after a woman who alleged she was raped by Mitchell told authorities she did not want to pursue the case.

Mitchell, 29, was scheduled to be arraigned Monday on charges of rape, rape with a foreign object, false imprisonment and battery. He was arrested Dec. 1, and was free on $61,000 bail.

A San Diego woman told police Mitchell assaulted her Nov. 30, inside his Chula Vista home where she had gone "to talk" to him at 4 a.m.

Chula Vista police Lt. George Sherwood said the woman reported the alleged assault two hours later, and told investigators Mitchell had "dragged her into his bedroom where he forcibly raped her."

On Monday, San Diego County Deputy Dist. Atty. David Greenberg, said prosecutors decided to withdraw the charges against Mitchell, because the woman refused to cooperate with authorities. Greenberg said the woman, 24, told prosecutors from the outset that she did not want to pursue the charges.

Greenberg declined to say why the woman, described as Mitchell's former girlfriend, decided not to press criminal charges after filing a complaint with Chula Vista police.

"She just doesn't want to pursue it. In this particular case, based on a review of police reports and witness statements, without her cooperation, we don't have enough evidence to pursue a case against Mitchell," said Greenberg.

Patricia Robinson, the woman's attorney, said her client was motivated by privacy concerns.

"She did not desire to go forward with the criminal prosecution, because she wanted to maintain her privacy," said Robinson.

Mitchell's attorney, Howard Frank, said Mitchell was pleased by the district attorney's decision not to prosecute and insisted Mitchell was innocent.

"We have conducted our own investigation and am personally satisfied that Kevin did not commit a crime," Frank said.

Al Rosen, Giants president and general manager, was ecstatic.

"The decision the deputy district attorney made today in choosing not to prosecute does vindicate Kevin in our eyes and in the eyes of the legal system, and for that we are delighted," Rosen said in a written statement.

This is not the first time Mitchell has been accused of assaulting a woman. In 1989, Debra Brice, a former girlfriend, charged that Mitchell beat and threatened her with a gun in his Foster City home.

Brice filed a civil lawsuit against Mitchell. As part of the settlement, he was required to attend 24 counseling sessions on domestic violence. He completed the sessions earlier this year.

Mitchell was traded to the Giants in 1987. He had previously played left field and third base for the New York Mets and Padres. He was the National League Most Valuable Player in 1989, when he led the league with 47 home runs and 125 runs batted in.

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