BENGALS
Trail of allegations follows Rucker
Latest charges include spousal battery by rookie
Friday, September 22, 2006
Bill Rabinowitz
THE COLUMBUS DISPATCH
JEFF SWINGER THE ENQUIRER Bengals rookie defensive end Frostee Rucker, left, made an impression on high school coach Myron Miller in Tustin, Calif. "He played for me for four years and was a fine kid," Miller said.
CINCINNATI ? Bengals rookie defensive end Frostee Rucker is scheduled to be arraigned today in Los Angeles on charges of spousal battery and vandalism.
A court appearance for a Cincinnati player is nothing new this year. Rucker is one of five Bengals to be accused of crimes in 2006. Chris Henry (four times), A.J. Nicholson, Eric Steinbach and since-cut Matthias Askew have given the franchise a black eye with alleged transgressions ranging from resisting arrest to grand theft.
The charges against Rucker are probably the most serious, in part because of the history of similar allegations against him. This will be the third time in nine years he has faced charges based on allegations by a woman ? or in the first case, a girl.
When Rucker was 13, he was tried and acquitted in connection with the rape of an 11-year-old neighbor.
At Colorado State in 2002, he was accused of sexually assaulting a female student-athlete and of exposing himself to another woman in a classroom. Rucker accepted a plea bargain and a one-year suspended sentence. He then transferred to Southern California.
His former girlfriend at USC said he became increasingly violent toward her. The arraignment today stems from charges filed on her behalf. Rucker?s Los Angeles-based attorney, Leonard Levine, said his client will plead not guilty.
To Levine, Rucker is the victim in this case, as he believes he was in the other two. He stressed that Rucker was acquitted in the first case. He said the Colorado State case was pleabargained to a misdemeanor because the accuser lied about her previous relationship with Rucker. And he said the credibility of Rucker?s former girlfriend is in question in the current case.
If Rucker is guilty of anything, Levine said, it?s of questionable judgment when it comes to the opposite sex.
Rucker declined comment on the advice of his attorney.
Limited knowledge
It?s unclear whether the Bengals were aware of Rucker?s history when they selected him in the third round of the NFL draft in April. Teams routinely conduct background checks and psychological tests as part of the screening process.
"In Rucker?s case, to the best of our knowledge, he was found responsible for a misdemeanor described as harassment four years ago," team president Mike Brown said in July. "That was all that was on his record, nothing else."
The Bengals declined further comment. Team management says it does not discuss legal matters involving players until a case has been resolved.
Don Cohn, the attorney for Rucker?s former girlfriend, said he contacted teams before the draft offering to send documents about Rucker?s history. The Bengals declined, he said. Cohn said after the draft he sent the information to the Bengals anyway. He never heard back.
"Not a peep, which sort of surprised us, particularly considering the recent history there," he said.
As far as the NFL is concerned, Rucker is no different than the vast majority of league players who have not run afoul of the law. All of the allegations against him stem from a time before he turned professional. But there?s little doubt the NFL is watching his case.
After a series of embarrassing off-field incidents by a handful of players in the 1980s and ?90s, the league instituted rules to deal with criminal behavior. Beginning in 1997, the NFL began requiring any player arrested for a violent crime to undergo mandatory psychological evaluation and counseling. That same year, the league began requiring that all drafted rookies attend a symposium covering topics including sexual responsibility and domestic violence.
"I do believe we need to hold the NFL to a higher standard, and I think we are expected to be at a higher standard," new NFL commissioner Roger Goodell said Wednesday after meeting with the Bengals. "I expect to maintain that high standard."
Goodell said he spoke specifically with Cincinnati players about their recent spate of trouble.
"I was very direct with the players about their responsibility in their community and what they represent in their community and how important they are in setting a positive tone," he said. "I think they understood the message."
The league commissioned a study in 1999 that indicated the rate of violent crime among its players is less than that among the same demographic group in the general population.
In the image-conscious NFL?s view, the character of its players always mattered, but the league is more explicit about it with players today. Athletic ability remains the most important factor in whether a player succeeds or fails in pro football, but his character also has become part of the measure.
Recent years have seen players drummed out of the league at least in part because of behavioral issues, such as running backs Lawrence Phillips and Ricky Williams. Others, such as receiver Randy Moss, have seen their draft status affected by questions about character.
As for Rucker, he is innocent until proven guilty in the eyes of the Bengals and the NFL. But if he is convicted of the charges against him, he very likely would face discipline by the league.
Acquittal and plea deal
The first incident involving Rucker occurred May 11, 1997. An 11-year-old girl said she and Rucker were acquaintances who lived in the same condominium complex in Tustin, Calif. According to police reports, Rucker had sex with the girl after they had been swimming in the complex pool.
Rucker was charged and acquitted in juvenile court. "To me, that?s the end of the story," Levine said. "What else do you need after (an acquittal)? "
He said he believes the sexual encounter was a case of youthful curiosity. "When you?re 13 and having sex with a girl that?s 11, to me that?s experimenting," he said.
Rucker became a football standout at Tustin High School. He was named his league?s most valuable player as a senior.
"He played for me for four years and was a fine kid," said Myron Miller, Tustin?s coach for 12 years. "I never had any trouble with him. He could have gotten better grades, but I can say that about 90 percent of players."
Rucker was one of the most popular boys in school, Miller said. "The ladies chased him all over the place when he was in high school," he said.
Rucker?s football ability earned him a scholarship to Colorado State, but two incidents ended his stay after one year. A female student-athlete accused Rucker of sexually assaulting her on April 14, 2002. Rucker told police the sex was consensual. Five months earlier, Rucker had been accused of exposing himself in a computer lab.
Suspended from the football team, Rucker faced charges stemming from both incidents, but the woman who said she was assaulted did not want to testify.
Karl Swenson, who investigated the incidents as the administrative lieutenant for the Fort Collins, Colo., police department, said that?s common for victims, who are often afraid to confront their attacker in court. But Levine said she declined to testify because she had lied to police, saying she had not had a prior sexual relationship with Rucker. Swenson acknowledged there was a previous sexual encounter.
As part of a plea bargain, the two cases were combined, and Rucker pleaded guilty to a misdemeanor charge of harassment.
"It was a quick way of getting rid of the case," said Swenson, who is now retired. "The university had kicked him out at that point in time. He stated he wanted to leave. It was the easiest way for the university to get out of a bad situation. It was the easiest way for the (district attorney) to get out of a bad situation."
? He had it together ?
Rucker transferred to Southern California, where he was a starting defensive end on the Trojans? undefeated national championship team in 2004. At USC, he began dating fellow student Joelle Barchan, an aspiring actress and singer from Miami.
"He was actually a very charming, really cool, confident guy, like he really had it together," Barchan told The Dispatch.
Six months into their relationship, Barchan said, she caught him cheating on her.
"Then he got aggressive with me," Barchan said. "He actually struck me. I was real mad and stayed away for a while, but he begged and begged and begged for me to come back, and I went back."
That began a pattern, she said.
"My mind was so messed up," she said. "I trusted him and kept thinking, ?He?s going to get better, he?s going to get better.? He stopped for a while, and then he?d go back. I?ve gone through therapy, and I had battered-woman syndrome. If you?re familiar with abuse victims, if you don?t leave the first time, you lose respect for yourself."
Barchan said the cycle of violence, breakups and reconciliations continued for months.
"All I wanted was to work it out," she said. "He was the first boyfriend I was ever close to. I thought he was better than that. I really believed that because he made himself out to be real together. Nobody would have ever guessed. People were like, ?Yeah, right. He would never do that.? Still, people probably don?t believe it, because he has this persona that is so friendly and so fun and so funny."
Early last fall, Barchan said she decided the only way to keep away from Rucker was to return to Miami. It was Rucker, however, who took the first legal action. He filed a restraining order against Barchan on Oct. 17, accusing her of calling him 30 times the day earlier and sending numerous harassing e-mails. In the restraining order request, Rucker said that while they were dating, Barchan kicked down the door at his apartment or hotel room several times, slapped him and threatened to ruin his career.
The restraining order was never served because Barchan had returned to Florida.
Two months later, Barchan pressed charges based on an August incident in which she said Rucker hit her in the face. In June, the Los Angeles district attorney?s office filed the domestic-battery and vandalism charges. Based on California law, the charges are misdemeanors because the injuries were not severe and Rucker does not have prior sexualassault convictions.
Levine said he looks forward to a trial, if it comes to that, and said he will show that the allegations are false. He said he has requested evidence from subpoenas that has not been delivered and might seek a continuance today as a result. He believes Rucker?s reputation has been impeached. He also questions the timing and motives behind the charges.
"She retaliates in December after it allegedly happened in August. He files a restraining order in (October) and then in December she says, ?Oh, by the way, he did this to me in August.? There?s something wrong with this," Levine said.
Juliann Anderson, the prosecutor in the case, said the delay is not unusual. She said Barchan originally was reluctant to pursue the case and that the district attorney?s office investigates allegations thoroughly before filing charges.
Barchan said she is not trying to destroy Rucker?s career or reputation. She said her family is well-off financially and that she doesn?t want money from Rucker.
"I feel bad that this has come out," said Barchan, who appeared in an ESPN Outside the Lines segment about Rucker in July. "But he really needs to be stopped. He needs a lot of help. I thought that (pursuing charges) would maybe help him understand that you can?t do that. You have to draw the line somewhere. You can?t treat women like that."
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