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Former Viking's plea bargain in Arctic Blast case rejected by court

  • Article by: Richard Meryhew , Star Tribune
  • Updated: February 15, 2006 - 7:17 AM

Former Vikings star may have to face charges of criminal sexual assault after all.

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Former Minnesota Vikings running back Ted Brown could still be tried for an alleged sexual assault that occurred during the team's 2003 Arctic Blast fundraiser, under a ruling issued Tuesday by the Minnesota Court of Appeals.

In summarizing its decision, a three-judge appeals panel said District Judge Michael Jesse erred last August in accepting a plea agreement involving Brown over the objections of prosecutors and without the consent of the alleged victim.

The case now returns to Mille Lacs County.

Brown, 49, a star player with the Vikings from 1979 to 1986, was charged in late 2003 with first- and third-degree criminal sexual conduct in connection with a February 2003 incident at Eddy's Resort on Lake Mille Lacs. However, just weeks before his trial, attorneys for both sides met with the judge in a closed session to discuss a plea.

Under the proposed deal, Brown would agree to a reduced charge and perform an unspecified amount of community service while being allowed to maintain his innocence. The arrangement, called an Alford plea, essentially allows a defendant to claim innocence while admitting that sufficient evidence exists by which he can be found guilty.

Prosecutors, however, said that the agreement was contingent upon the alleged victim's approval. Although the woman rejected the deal, the district judge enforced it.

Within days, prosecutors challenged the agreement, saying it was accepted over their objections and without the alleged victim's approval.

In its ruling Tuesday, the appeals panel agreed, saying prosecutors representing Mille Lacs County withdrew the plea prior to its acceptance.

Brown has 30 days to appeal the decision to the Minnesota Supreme Court.

However, his attorney, Steven Meshbesher, said in a statement Tuesday that if the case goes to trial, "Mr. Brown and I both remain confident in a favorable outcome."

Special Assistant County Attorney Wade Kish, meanwhile, called the ruling "gratifying."

"Since the indictment came down, it's been our goal to put this in front of a Mille Lacs County jury and let the jury decide," Kish said. "Now, we're closer to that step."

The incident involving Brown is one of two that reportedly occurred at the 2003 Arctic Blast event. A grand jury heard testimony on a second, more highly publicized incident, but criminal charges were never filed.

Brown has admitted having sex with the alleged victim, but Meshbesher has argued that the sex was consensual and that Brown did not force or coerce the woman into having intercourse or cause personal injury.

Richard Meryhew • 612-673-4425

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