Attorney: Recording proves teen's innocence in sexual assault

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by MONIKA DIAZ and STEVE STOLER

WFAA

Posted on May 17, 2012 at 3:54 PM

Updated Wednesday, Oct 30 at 6:12 PM

PROSPER - Attorneys representing Darius McClinton-Hunter said he is innocent of the sexual assault charges filed against him after a party May 4.

Darius McClinton-Hunter, 17, and his father, Major League Baseball player Torii Hunter, didn't say a word during a press conference held at 3:30 p.m., but their attorney revealed what he claims is new evidence that should lead to the dismissal of the charges against McClinton-Hunter.

The bombshell, according to McClinton-Hunter's lawyer, is a 10 minute portion of a phone conversation Wednesday evening between a family friend and the alleged 16-year-old sexual assault victim. The call was recorded.

"In that recording, she essentially has recanted everything that's inside the arrest warrant," said Todd Shapiro, McClinton-Hunter's attorney. "Every bit of what she told the police eight days ago has been turned on its ear. He has never forced her to have any sexual contact with him and especially on this particular night."

Prosper police accused McClinton-Hunter and a 16-year-old boy of forcing the girl into a closet in an apartment and forcing her to perform a sex act on him.

According to court documents that were released Thursday, the girl told police that she kissed McClinton-Hunter willingly, but did the sex act "against her will."

McClinton-Hunter's lawyers claimed the family friend asked the girl during the alleged call specific questions about what happened the night of May 4.

"Did Darius perform any sex acts on you? The answer is absolutely not. Did he ever force you to have sex? The answer is absolutely not," Shapiro said.

The attorney would not play the recording, but said he is ready to turn it over to the Prosper Police Department or the District Attorney’s office.

"We believe that when the Prosper Police or Collin County District Attorney's Office hears the recording, they will dismiss all charges against Darius Hunter," Shapiro said.

Collin County's first assistant district attorney would not comment on any specifics of the case. But, John Shamburger said anytime a defense lawyer wants to provide new information or evidence on a case, they are happy to take a look at the information.

News 8 contacted the alleged victim's family in the McClinton-Hunter case to get their response on the claims made at the press conference. They did not comment.

So far, the Prosper Police Department is standing by its investigation, and issued a statement late Thursday afternoon.

"As part of the ongoing investigation, interviews with the reporting parties, their parents and the District Attorney's Office have been conducted and as a result, the department will continue working the case," the statement said.

Court documents also laid out the sexual assault allegations against 17-year-old Garrick White, and another juvenile.

Another girl who was at the apartment told police the boys took her into a bathroom, took off her clothes and that they had sex. She told police "she was scared and did not know what to say to them, due to hearing stories of people being threatened and assaulted by Garrick."

We contacted Garrick White's family for comment. They did not give us a response.

E-mail mdiaz@wfaa.com

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