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From the Daily Iowan newspaper



Hillcrest assault still under wraps

Kelsey Beltramea and Kurtis Hiatt - The Daily Iowan

Issue date: 5/16/08 Section: Metro

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More than six months after police searched the dorm rooms of Hawkeye football players possibly involved in an alleged sexual assault, no charges have been filed.

Six search warrants related to the case have been sealed four times from the public since Nov. 16, 2007, most recently on May 9 for 60 more days. The documents, though, may never be released, and officials are largely declining to comment on the alleged incident. The accuser's father said he was advised not to offer comment as well.

This very public instance of delayed action may illustrate the obstacles officials say can beset a victim following an attack.

For the accusers, it can be a long and difficult decision to come forward - if they choose to at all - especially when the cases may involve headline-making perpetrators.

"If people like the offender, or if the offender is very powerful or performs a specific service that we think is important, then unfortunately, a lot of what happens in that case is going to hinge on the identity of the perpetrator instead of what was done," said Karla Miller, the executive director of the Rape Victim Advocacy Program.

Though declining to comment on the alleged Hillcrest assault, she said an accuser in any assault can be overwhelmed with emotions: What will family think? Friends? Will details be in the newspaper? These are just some of the concerns that surround a potential prosecution.

But Johnson County prosecutor Janet Lyness said she still couldn't comment on whether there will be a prosecution in this case - which reportedly began in the early morning hours of Oct. 14, 2007, in a Hillcrest dorm room when a female UI student was allegedly sexually assaulted.

A full month later, area authorities were dispatched to the residence hall to investigate at least three rooms. They seized items from a room in the N200s and said they needed to check rooms "123" and "164" in the building.

University records at the time indicated that Hawkeye football defensive backs Abe Satterfield and Cedric Everson occupied the rooms. Both freshmen have since left the university without commenting specifically on the reasons for their departures.

UI officials said in a statement that police questioned three Hawkeyes in connection to the assault, but no names have been directly tied to the investigation by the university or police.

When authorities completed their investigation at the end of December, they turned over evidence to the County Attorney's Office, and prosecutors began to decide how and whether to press on - a decision that is typically "very case-specific," Lyness said.

"These are cases that are very hard to prosecute if you don't have victim cooperation," she said. "Because they are so hard on the victims, you want to make sure they are there and you aren't hurting them more by prosecuting."

Charles Green, the assistant vice president for the UI police, also wasn't sure about the direction of this case. He said on May 12 that he had called the County Attorney's Office but hadn't heard back, adding he hadn't received an update on the case for three or four weeks.

"I know nothing about the charges," he said.


On trial for accusing

It's common for most victims to avoid police and judicial systems, which are not "victim-friendly" forums in most cases, said Diane Funk, the assistant director of RVAP.

The majority of victims do not report their names to police following a sexual assault, meaning their assailants may never go to trial. Iowa law does not require victim consent to move forward in a sexual-assault prosecution, but Johnson County prosecutors are hesitant to do so without it.

Additionally, nine out of 10 sexual assaults never get reported to any agency, including police or a resource such as RVAP, Funk said - a staggering number considering the U.S. Department of Justice reports that one in five women is raped during her college career.

UI police reported, in the most recent statistics available, that 13 forcible sex offenses occurred on campus property in 2006.

In the most recent fiscal year, though, RVAP received 750 crisis calls, with reports of rape, attempted rape, domestic violence, sexual harassment, and incest. Callers also are able to use the line for emotional support regarding past incidents.

The figure is the highest since 2004 and is up from the previous fiscal year by more than 130 calls.

The line is getting more use than the court system.

Johnson County prosecutors pressed charges in 26 sexual-assault cases last year - a number that includes children and adults as victims.

"If survivors choose to go through the criminal process, there's a lot involved in that," Funk said. "It has to be their choices. And they have to be committed to it."

Miller agreed.

"The strength of the victims who report is tremendous," she said. "Even in the face of all of the things that are in place to discredit victims, they feel strongly enough that somebody should be held accountable."

The experts said communities typically don't make it any easier for a victim to report.

"Rather than saying, 'Thank you very much for coming forward,' we instead start to … question the victim," Funk said.

This societal pressure can become all the more intense when someone involved in the sexual assault already garners the media spotlight.


Very public perpetrators

Prompted by the notorious sexual-assault trial of Los Angeles Laker star Kobe Bryant, USA Today analyzed a dozen years of sexual-assault allegations against professional athletes and NCAA Division I football and basketball players to determine their typical outcomes.

The researchers found in 2003 that 22 cases of the 168 accusations against athletes went to trial and six of those resulted in convictions, with 46 others resulting in plea agreements. More than two-thirds of the athletes accused were acquitted, never charged, or had their charges dropped.

Nevertheless, these athletes' tribulations were likely to dominate front pages and correspondingly influence their outcomes.

"Whenever we have a high-profile case - Kobe Bryant, Pierre Pierce, the Duke University case, any big case that we all follow - I can't tell you how many people I heard saying, 'Well, Kobe. He didn't do it,' " Miller said. She noted that the culture uses athletes' successes to rationalize their behavior and correspondingly denigrate the accusers.

When former Hawkeye basketball player Pierre Pierce's victim reported she was sexually assaulted in 2002, a review board found Pierce's status as an athlete influenced how the university handled her case. However, the school's Board in Control of Athletics concluded it remained unclear whether he received preferential treatment.

Still, the same committee reported that Pierce's status appeared to have "dominated the concerns of some of those involved to the detriment" of the broader interests of the university and suggested that the UI could have given the victim more support.

But Miller and Gary Barta, the Hawkeye athletics' director, concur that much has changed since then.

Shortly after the Pierce affair, the athletics department modified its student-athlete code of conduct, clarifying expectations and informing athletes about particular consequences, should a rule be broken.

"As a result of the university going through that, there was a lot of introspection, looking at the student-athlete code of conduct, and [developing] a process if something like that would ever occur again," Barta said.


Internal protocol revisited

The alleged Hillcrest assault has raised concerns about whether UI protocols were rightly followed this time: The accuser's father met with university officials shortly after the reported incident about complaint procedures, though university officials and the father have declined to comment. Regents were on campus shortly after to discuss the UI's internal-assault protocols. Iowa Gov. Chet Culver issued a statement saying he expected a thorough investigation in determining whether proper measures were followed. UI President Sally Mason has repeatedly addressed her concern for the victim and due process.

Meanwhile, Barta has faith in his staff.

"I'm confident that processes and university policy were followed, and all involved did the best they could in dealing with a very difficult situation," Barta said, declining to address the specifics of the UI's response to the alleged assault.

Barta said that when the case is no longer active, he will have greater comfort in fully disclosing the university's response.

But as of Thursday, none of the officials involved could comment about the likelihood of that happening.

E-mail DI reporters at:
daily-iowan@uiowa.edu

Note: A reporter for this article volunteers at RVAP but was not involved in interviewing the program's officials.

Alleged Hillcrest assault
• Oct. 14, 2007, early morning hours: accuser reportedly assaulted in a dorm room in Hillcrest.
• Oct. 14, after alleged assault: UI police receive rape kit from UI Hospitals and Clinics; it notes the accuser doesn't want to talk to police.
• Oct. 20: Hawkeye football player Cedric Everson doesn't travel with the Hawkeyes to West Lafayette, Ind., for the Purdue game.
• Oct. 23: Ferentz iterates twice Everson isn't "in good standing" in a press conference.
• Nov. 5, 4:13 p.m.: A sexual assault that allegedly occurred in Hillcrest is reported to the Iowa City police and referred to UI police; the accuser has a suspect.
• Nov. 7: A report is filed with UI police.
• Nov. 8: Associate Director of Athletics Mary Curtis sends an e-mail to Assistant Vice President for UI Police Charles Green regarding contact the UI had with the accuser's father about complaint processes and options; by this date, the accuser's father had spoken with officials on at least two separate occasions.
• Nov. 14: UI police, Iowa City police, and Iowa Division of Criminal investigators respond to Hillcrest Residence Hall to investigate.
• Nov. 14: UI President Sally Mason, Athletics Director Gary Barta, and Ferentz all issue statements about the reported incident, voicing concern for the accuser and alleged players involved; Mason said she wants "due process" followed.
• Nov. 14, 3:15 p.m.: Iowa City police take an object wrapped in brown paper into a criminal-investigations van.
• Nov. 14, 3:17 p.m.: Iowa City police officer overheard saying authorities need to check rooms "123" and "164" in Hillcrest; UI records indicated the rooms housed Hawkeye football players Abe Satterfield and Everson. Other officers search a room in the N200s, talk to residents, and remove dark-tinted plastic bags.
• Nov. 14, 3:20 p.m.: Iowa City police officer says reporters are not allowed inside Hillcrest.
• Nov. 16: Judge seals five search warrants in the case.
• Nov. 17: State Board of Regents releases a statement saying it will oversee progress and check that proper procedures were followed.
• Nov. 19: Regents visit UI campus to discuss internal assault procedures.
• Nov. 19, evening: Iowa Gov. Chet Culver releases statement saying he expects a thorough investigation with the UI forthcoming in revealing whether proper internal procedures were followed.
• Nov. 20: Mason asks media to be respectful during investigation and voices concern for the accuser.
• Nov. 26: Green says the bulk of the investigation is over, and he can't estimate when the "high-profile" case will finish. He says the Iowa Division of Criminal Investigation is not currently processing any evidence, but an Iowa City police investigator is still working with the UI police.
• Nov. 27: A judge seals a sixth search warrant connected to the case.
• Dec. 17: Ferentz announces Everson and Satterfield will transfer before the spring semester. No information is released on where they will enroll.
• Dec. 20, morning: DCI investigator turns over evidence collected by authorities to Johnson County County Attorney's Office.
• Jan. 10, 2008: All six search warrants resealed.
• March 13: Warrants resealed again.
• May 9: Warrants resealed a fourth time.
• May 12: Green calls the County Attorney's Office for an update on the case but receives no answer. The delay from the office has to do with the victim's wishes and officials in the office still making decisions about evidence, he said.
• May 13: Johnson County prosecutor Janet Lyness declines to comment about the status of the Hillcrest assault case.
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