ST. PAUL, Minn. -- A plea deal that let former Minnesota Vikings running back Ted
Brown avoid trial on sexual misconduct charges was thrown out
Tuesday by the state Court of Appeals.
The three-judge appeals panel said District Court Judge Michael
Jesse was wrong to allow the plea over the objections of a
prosecutor. The appeals court sent the case back to Mille Lacs
County for further proceedings.
Brown, a running back from 1979-86, entered a plea agreement
last summer that allowed him to end the case without a trial but
also without admitting guilt. He was charged with sexually
assaulting a woman during the Vikings 2003 "Arctic Blast" event
at Eddy's Resort on Mille Lacs Lake.
In exchange for the plea, Brown was ordered to complete
community service and keep a clean record.
The appeals panel, led by retired Judge Gary Crippen, concluded
that the prosecutor withdrew the plea deal prior to its acceptance.
The prosecutor said upfront that he needed to notify the alleged
victim of the proposed plea before formally entering into it. The
victim objected to the deal, but Jesse enforced the agreement
anyway.
Brown was indicted by a grand jury in late 2003 on charges of
first- and third-degree criminal sexual conduct.
Prosecutors alleged that Brown forced sex on an intoxicated
woman who was unable to consent.
His attorney, Steven Meshbesher, said his client hasn't settled
on his next move. Meshbesher said Brown won't plead guilty. He has
the option of appealing Tuesday's decision to the Supreme Court.
"We are going to zealously fight this thing as we have from the
beginning because Ted Brown is innocent of any criminal activity,"
Meshbesher said, adding, "We thought we had it resolved and now we
don't."
Mille Lacs County Attorney Jan Kolb didn't immediately return a
call for comment.
The incident was one of a couple that tarnished the 2003 Arctic
Blast, a snowmobile rally involving Vikings players that doubles as
a charity fundraiser.
Another grand jury investigated allegations against other
Vikings players involving a different woman who was socializing
with them in a motel hot-tub area. There were no charges filed, but
the woman settled her claims with the team.