Whiten Avoids Sexual Assault Charges

Mark Whiten will not be charged with sexually assaulting a Milwaukee woman at a hotel because prosecutors don’t have enough evidence.

Both sides agreed the 31-year-old woman was drunk and had sex with the then-New York Yankee outfielder after meeting him at the hotel. However, they disagree on whether the sex was consensual.

Whiten, released by the Yankees last month, was arrested July 18 while the team was in Milwaukee.

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Injured Yankee pitcher David Cone threw off a mound for 15 minutes and reported no pain in his right shoulder. He will throw again on Friday. . . . Cleveland Indian John Smiley, who hasn’t pitched since Aug. 30, played catch and hopes to be back in the rotation next week at Minnesota.