District Attorney Decides Not to Charge Marinovich

Officials from the Los Angeles County district attorney’s office Friday decided not to file charges against Los Angeles Avenger quarterback Todd Marinovich, who was arrested by sheriff’s deputies nearly seven weeks ago on suspicion of sexual assault.

Deputy District Atty. Laura Jane Maglinger concluded from the investigation there was insufficient evidence that Marinovich, 30, had committed a crime.

“I’m very grateful that the district attorney’s office, after fully reviewing the facts of this matter, have elected not to bring any charges whatsoever,” Marinovich said Friday. “The system is designed to protect the innocent, and that’s exactly what it did.

“I want to thank the entire Avengers organization for sticking by me and believing in me.”

Marinovich was arrested April 25 at the team’s practice facility in West Los Angeles the morning after the alleged incident took place at his Marina del Rey apartment.

Deputies from the Marina del Rey sheriff’s station were contacted by an area hospital, who said an unidentified 19-year-old woman accused Marinovich of having forced her to have sexual intercourse. The call to deputies was made after the woman was examined.

Marinovich denied the charge, saying the sex had been consensual.

Maglinger said Marinovich, the woman and six others who were in Marinovich’s apartment for a party that night were interviewed. In her report, Maglinger said the woman had been drinking and consensually entered Marinovich’s bedroom. There was no evidence of forcible rape.

Maglinger went on to say the woman behaved in ways “not inconsistent” with someone who had consented to sex. “There was no call for help even though she had dependable girlfriends right outside the door,” Maglinger said. “The complainant said Marinovich never threatened her or used force against her.”

She added Marinovich had witnesses who said the woman was openly flirting with Marinovich and engaging in “sexually suggestive” behavior and conversation.

“Based upon the ambiguity of the complainant’s behavior, Marinovich had a plausible defense that he reasonably believed the victim was consenting to sexual intercourse,” Maglinger said.

Gary Pohlson, Marinovich’s attorney, said he was not surprised the district attorney’s investigation took as long as it did. “I figured they were doing a thorough job,” Pohlson said.

Avenger owner Casey Wasserman said: “I could not be happier for Todd. This is all behind him, and he can get back to concentrating on what’s important, and that’s winning football games.”