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Roethlisberger accused of sex assault in lawsuit

By: thepittsburghchannel.comPosted On: 07/21/2009 7:14 P

A casino employee is suing Pittsburgh Steelers quarterback Ben Roethlisberger, accusing him of sexually assaulting her at a Nevada hotel while he was in town for a celebrity golf tournament.

Andrea McNulty filed the civil lawsuit last week in Washoe County, Nev., stemming from an alleged incident in July 2008. Roethlisberger was served while he was in Nevada for another golf event over the weekend.

Roethlisberger is not facing any criminal charges, and it's unclear if McNulty ever tried to file a criminal complaint before taking legal action against him.

Team 4 investigator Jim Parsons obtained a copy of the lawsuit, in which McNulty says that she initially came in contact with Roethlisberger through the course of her duties as VIP services manager at Harrah's Lake Tahoe.

Court Document: Read The Complaint Against Ben Roethlisberger (Warning: Includes Some graphic descriptions)

The lawsuit says that Roethlisberger stopped by McNulty's desk in the penthouse area of the hotel's 17th floor on the night of July 11, 2008, and talked with her and other staff members for about 20 minutes.

When Roethlisberger left, he mentioned that the television sound system in his room wasn't working and asked if McNulty would "take a quick look" at it, according to the lawsuit.

The lawsuit says that McNulty went to Roethlisberger's room after being unable to reach her boss on the phone or anyone in engineering, and when she went inside, she determined that the TV was working properly and told him so.

Blocking the door as McNulty tried to leave, Roethlisberger began kissing and fondling the woman and pushed her onto his bed, where he forcibly had sex with her despite her objections, according to McNulty's claims in her lawsuit.

"Roethlisberger, acting very worried, sternly instructed her, 'If anyone asks you, you fixed my television. You fixed my television. Now go,' he said sternly," according to the lawsuit, which asks for a total of $390,000 in damages.

"If this lawsuit had been filed before this past weekend, he probably would not have gone back to Tahoe for the celebrity golf tournament, and I think that's why it was filed last week," said Mike Florio, editor of ProFootballTalk.com, which was the first Web site to report the story. "Because otherwise, you're going to have to track him down and sue him where he lives. You can't sue him in Nevada unless he's there to be served paperwork."

In a phone interview late Monday night, Steelers spokesman Dave Lockett told WTAE Channel 4 Action News, "We are aware of the allegations but cannot comment on the specifics of the case. We've been told Ben's side of the story and we fully support him at this time."

Regarding the accusations against Roethlisberger, attorney David Cornwell issued the following statement late Monday night:

"This weekend Andrea McNulty served Ben Roethlisberger with a civil complaint accusing him of sexually assaulting her in July 2008. Ben has never sexually assaulted anyone; especially Andrea McNulty. The timing of the lawsuit and the absence of a criminal complaint and a criminal investigation are the most compelling evidence of the absence of any criminal conduct. If an investigation is commenced, Ben will cooperate fully and Ben will be fully exonerated.

"Ben will not be baited into a public discussion about his personal life, but we will defend him vigorously. The limited value that Ms. McNulty derived from public disclosure of these viciously false allegations is the only value she will ever receive from Ben in this case."

Roethlisberger has not commented publicly on the lawsuit. A Thursday news conference regarding his participation in Shaquille O'Neal's upcoming reality TV show on ABC has been canceled.

Roethlisberger has led the Steelers to two Super Bowl titles -- the most recent one in February, when Pittsburgh defeated Arizona -- and now, he has dealt with off-season controversy each time.

In June 2006, a few months after the Steelers' Super Bowl victory over Seattle, Roethlisberger crashed his motorcycle near the 10th Street Bridge and required extensive surgery that kept him in a hospital for three days. (See Slideshow Of Big Ben's Motorcycle Crash)

Though Roethlisberger recovered in time to play the 2006 season, he threw a career-high 23 interceptions and posted a career-low 75.4 passer rating as the defending Super Bowl champions finished third in the AFC North Division and missed the playoffs.

Ralph Cindrich, a Pittsburgh-based lawyer and sports agent, said that the legal standard in a civil case is much lower than it is in a criminal case, where there would have to be proof beyond a reasonable doubt.

"(McNulty's) attorney may think that he could leverage the case more and settle it without going through the criminal allegations," Cindrich said.

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