[clevfan]

Vikings boat scandal has high profile, in court and out

David Shaffer, David Chanen and John Reinan, Star Tribune
December 17, 2005


If four Minnesota Vikings players go on trial on charges of lewd and indecent conduct, their cases could be among the most prominent to be tried in Hennepin County.

And that poses a problem for lawyers representing Daunte Culpepper and the other accused players: Trials could bring days of salacious testimony about the Oct. 6 team party that allegedly featured naked women prancing on the decks of two Lake Minnetonka cruise boats and engaging in sex acts in front of stunned crew members.

If the players have separate jury trials, the bad publicity could extend over several days or weeks, legal experts said.

Culpepper, cornerback Fred Smoot, running back Moe Williams and tackle Bryant McKinnie have been charged with indecent conduct, disorderly conduct, and lewd and lascivious conduct, all misdemeanors.

David Valentini, an attorney who is representing Smoot, said he expects all four players to plead not guilty. He said it's too early to speculate whether his client will seek a trial.

Trials, if they occur, probably wouldn't begin until April or May, when the football season is long over, said Joe Tamburino, who is representing McKinnie. "Who knows what the pulse will be like?" Tamburino said.

The players' first court date in early January is a routine one at which the lawyers typically appear without their clients to set another court date.

Possible defense moves

Several defense scenarios are possible, according to lawyers not involved in the case.

For example, defense lawyers for Culpepper, who is accused of having a naked woman dance on his lap while he fondled her bottom, could file a motion for a dismissal arguing that "even if everything in the complaint is true, it is not a crime," said defense attorney Ron Rosenbaum.

In many misdemeanor cases, prosecutors allow charges to be set aside for a year and then dismissed if the defendant doesn't get into more trouble. Such deals usually go to people with no criminal records, said Minneapolis defense attorney John S. Hughes.

"The question is whether these folks will be treated differently because they are more famous," Hughes said.

Such deals may not be easy in this case, said Andrew Birrell, another criminal defense attorney. "The prosecutor will be concerned about looking weak or looking like he is showing favoritism to someone because he is prominent," Birrell said.

For the players, "the quagmire here is that even when you are vindicated, how do you get your good name back?" said Peter Duda, executive vice president of Weber Shandwick Worldwide, an international public relations firm. "For celebrity athletes today, their reputations can be just as valuable as their performance on the field," he said.

Key issues at trial

If the case goes to trial, the cases could hinge on the strength of the witnesses' testimony.

Defense lawyers probably would challenge the identifications of suspects by the cruise line employees, said Ron Meshbesher, another Minneapolis defense lawyer not involved in the case.

Hennepin County Sheriff Pat McGowan, whose office conducted the investigation, said eyewitnesses who identified players later verified them through photographs. No physical evidence was found during the investigation, which cost more than $14,000, he said.

In all, 30 Vikings players were identified by people who saw them going on or off the boats or during the party, McGowan said. Witnesses were not prompted to identify players, he added. The boat had no sign-in sheet for guests, he said.

Witnesses believed additional players were aboard the boats, but couldn't identify them by name, said a source with a knowledge of the case. Crew members said that they saw Vikings taking pictures with cell phones, so investigators subpoenaed the phone records of several Vikings but found no evidence of photos, the source said.

The nudity and sexual activity began after the two boats left the dock in Mound, the charges said. Other people engaged in such acts, but witnesses couldn't identify them by name, and it's unclear whether any of the others were players, McGowan said.

Future for endorsements

Twin Cities advertising executives said the marketing value of the players was likely to be damaged by their involvement in the scandal.

"Anything one of these players would endorse for a client would be put in a negative light," said Jim Bendt, president of the Minneapolis agency Gabriel deGrood Bendt.

John Risdall, chief executive of Risdall Advertising in New Brighton, said most football teams have only four or five players with the potential to land significant endorsement deals. The Vikings' highest-profile player has been Culpepper, but Risdall said that the charismatic and talkative Smoot might have been attractive to marketers until the scandal broke.