San Francisco 49ers

Miami investigators find no crime in case involving Kaepernick, others

Investigators in Miami found no evidence that a crime occurred in 49ers quarterback Colin Kaepernick’s hotel room on April 1 in what turns out to be a bizarre case brought by a 25-year-old Atlanta woman who had to be sedated and strapped to a stretcher while screaming about devils.

A day after the woman was taken to a hospital, she went to police saying she may have been sexually assaulted at the Viceroy Hotel in Miami. But according to the “ closeout memo” released Thursday by the Miami-Dade State Attorney’s Office, there was no evidence of a sexual assault or even that the woman had sex that night.

“As I said from Day One, I would never do the things that were made up about me,” Kaepernick tweeted before Thursday’s practice. “I’m glad this issue is resolved. It’s time for football.”

According to the report, when officers arrived at the Viceroy, they found the woman alone in Kaepernick’s bed “moving as if engaged in a sexual act, although there was no one else in the room. When she heard the officers’ voices, the complainant started screaming incoherently about Jesus and devils.”

The attorney for Kaepernick, 49ers wide receiver Quinton Patton and Seattle Seahawks receiver Ricardo Lockette told Miami police that Kaepernick left the hotel shortly after the woman arrived and started acting strangely. Two other women, whom Kaepernick had met earlier in the day, departed the hotel roughly at the same time as Kaepernick. They also spoke with police for the investigation.

The other two women said they were on the hotel suite balcony when the woman joined them dressed only in the comforter from Kaepernick’s bed. The complainant allegedly told them they weren’t safe there and one of the women overheard her say she had arrived from Atlanta to have “three champion babies.”

The complainant and the players’ attorney both told police that Kaepernick and Lockette had met the woman a year earlier when they were training in Atlanta. Kaepernick and the woman had sex at the time, but he had cut off contact – even changing his cellphone number – when on April 1, 2013, she told him she was pregnant.

She continued to pursue him through social media, the attorney said in the report. Miami investigators found video on the Internet of the woman topless except for body paint that resembled Kaepernick’s 49ers jersey. The report indicates the woman took a bus from Atlanta to Miami with the intention of having sex with Kaepernick. She contacted Lockette, who invited her to the Viceroy Hotel suite Kaepernick had rented and where Lockette and Patton were staying.

In her initial complaint, taken by police on April 3, the woman said she had drinks and smoked marijuana with all three men and that she and Kaepernick went to his bedroom where he kissed and undressed her. They did not have sex, she told police.

But witness statements found in the report contradicted that initial complaint.

After the woman arrived at the suite, she and Lockette

had drinks while Kaepernick was in his bedroom presumably preparing for a date. When he emerged to greet his guests, according to the players’ attorney, the complainant “looked shocked.”

She went into Kaepenick’s bedroom and emerged wearing only his comforter. Shortly thereafter, Kaepernick and the two other women left and Kaepernick kept in contact with Lockette via text messages that urged him to get the woman out of their suite.

Both Lockette and hotel security called police, who, when they arrived at the door of the hotel suite, could hear the woman screaming. The report contains a statement from hotel security that says police initially were able to calm the woman, who was calling for Kaepernick, but then she “became even louder and began banging her head against the bedroom walls and kicking uncontrollably.”

Paramedics, who were called by police, sedated the woman, who was taken to a hospital early on April 2 under the Baker Act, in which a person can be admitted to the hospital because they have a mental illness and are a threat to themselves and others. Hospital personnel diagnosed the complainant with two illnesses, both redacted in the report.

While at the hospital, the woman was given more medication to calm her. Toxicology tests came back positive for marijuana, which she admitted having smoked, and the two drugs used to calm her. The report also says there are some so-called “designer drugs” the laboratories cannot detect.

The complainant also was given a rape kit test, which showed no trauma and no sign of semen. Medical personnel did find a hair, but there was not enough for a DNA sample. The players were not interviewed during the investigation and were not asked to submit DNA.

The report concludes that while it is possible the woman’s bizarre behavior was the result of being drugged, there is no proof of it and no evidence that any crime occurred.

Earlier this month, the 49ers and Kaepernick agreed to a six-year contract extension that can be worth as much as $126 million.

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