CASTLE ROCK, COLO. (AP) - A judge said Friday she wouldn’t release a court document detailing sexual assault allegations against Denver Broncos cornerback Perrish Cox because the investigation is ongoing.
Douglas County Judge Susanna Meissner-Cutler also said the document contains medical reports and statements by people interviewed by police, along with unspecified information that wouldn’t be allowed at a possible trial.
“Disclosure will subject the alleged victim and defendant to abuse and harassment, and therefore release would be contrary to the public interest,” the judge ruled.
The Associated Press, The Denver Post and New York Times filed motions Dec. 10 to unseal the affidavit.
Cox was arrested Dec. 9 on sexual assault allegations and is free on $50,000 bail. Authorities have remained tightlipped about the accusations, and Cox has not been charged.
Cox, his attorney Harvey Steinberg, district attorney spokeswoman Casimir Spencer, and the accuser’s attorney Craig Silverman all declined to comment after Friday’s hearing. Cox is set to return to court March 10 for a hearing on whether there’s enough evidence to proceed to a trial.
On Monday, while team members cleaned out their lockers following the season, Cox commented briefly about the case.
“I can only project by how I play. I play hard every Sunday,” Cox said.
“But other than that, I haven’t been able to talk about it with anybody. I’m really not supposed to, really. I’m just trying to leave that issue off the field and whatever happens, that happens. But what I do at work is what I do at work.”
Cox started nine games for the Broncos this season, eight of those games opposite star Broncos cornerback Champ Bailey who missed Sunday’s season finale against the San Diego Chargers with a bruised right heel. Cox had seven tackles and one forced fumble and two broken passes in the finale. He also broke up two passes as Philip Rivers constantly threw in his direction.
Court records say the alleged assault occurred Sept. 6. It was reported a few days after Cox suffered a concussion against Oakland on Oct. 24 and left the game.
Cox is the third Denver Broncos player to face criminal charges this season. Kevin Alexander was arrested last month and pleaded not guilty to charges of assault and battery stemming from an allegation of a domestic dispute over alleged infidelity. That case is still pending.
The Broncos released the rookie linebacker hours after the arrest, calling it a football decision to clear a roster spot for cornerback Chevis Jackson.
Linebacker D.J. Williams was stripped of his captaincy after his October arrest on suspicion of drunken driving. And Pro Bowl linebacker Elvis Dumervil was cited with assault and disturbing the peace for an alleged run-in with a security guard at Invesco Field on Oct. 24. Dumervil’s attorney, Steinberg, who also represents Cox, said the linebacker forgot his credentials and a guard wouldn’t allow him into a players’ parking lot, despite Dumervil showing his driver’s license. That case is pending in court.
The Broncos, who fired head coach Josh McDaniels last month, hinted that off-the-field troubles were part of the problem this season that led to a franchise-record 12-loss season.
“We had a lot of issues off the field, but not just me _ other players also. They may view that as one of the things that set us back because a lot of players were out a lot of games,” Cox said Monday. “And some of the off-field issues had to do with that. I hope not. But they may. I can only roll with it.”
During Friday’s hearing the judge didn’t address a previous request that Cox be allowed to return to his hometown of Waco, Texas, following the season. Spencer said she was unclear why, and Steinberg declined to comment on the matter.
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