The Backstory: The reasons why prosecutors opted not to file criminal charges in SDSU rape case

·21 min·2 clips

An audio recording reveals why prosecutors declined to charge three former SDSU football players accused of rape.

This episode of San Diego News Fix's 'The Backstory' focuses on the San Diego State University rape case involving three former football players. Host Luis Cruz introduces the topic by noting the rarity of public insight into a district attorney's decision not to file charges. Union-Tribune Public Safety Reporter Terry Figueroa provides updates, explaining that while no criminal case exists, a civil case is proceeding with a legal battle over graphic video evidence from the alleged assault, which is considered child pornography as the victim was 17. The key development is an audio recording from December where the deputy district attorney informed the victim why charges weren't filed, offering unprecedented transparency. Public Safety Reporter and Saturday Editor Lindsay Winkley describes how she and Terry analyzed the audio, breaking down the DA's reasoning by charge: forcible rape, statutory rape, and rape by intoxication. The DA emphasized a lack of evidence to prove beyond a reasonable doubt, focusing on legal requirements rather than personal belief. Public Safety Editor Dana Littlefield discusses the journalistic challenges of fairness, as the accused were named in a civil case before criminal proceedings, and the media must balance reporting new evidence while noting no charges were filed. Managing Editor Laura Sacalo compares this to the Denny Sanford case, where search warrants for child pornography were released but no charges filed, highlighting how prominence influences coverage. The episode concludes with reflections on whether influence affects case handling for high-profile individuals, underscoring the duty of journalists to explore such questions.

As heard by us

A rare look at why a county DA's office declined to file charges in a San Diego State case.

San Diego News Fix spends its time on the San Diego County District Attorney's Office and the audio recording obtained by the Union Tribune, using both to explain why prosecutors did not file criminal charges against three now former San Diego State University students accused…

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Why you'd press play

For the moment when a DA's no-charge call gets pulled into the open.

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