It probably won’t hurt Michael Irvin’s suit against a woman he alleges falsely accused him of rape that Florida officials have dropped a criminal investigation into the alleged incident. On Feb. 24, the state attorney for the 17th Judicial Circuit of Florida issued a memorandum stating that the office would not pursue a criminal charge against the former Dallas Cowboys wide receiver and NFL Hall of Fame member because of a lack of evidence to support the woman’s allegations and inconsistent statements from various witnesses. “Given these issues, it is manifest that there is insufficient credible evidence to support the filing of criminal charges, and thus this case will be declined for prosecution,” Assistant State Attorney Dennis Siegel wrote in the memo. Today, Irvin held a press conference at his lawyer’s office to express his relief, says Jason Friedman, an associate with Dallas’ Friedman & Feiger. “He wanted to clear the air and make sure everybody knew it was hard on his family. It’s taken a toll on him and his family,” Friedman says of the allegations. “But it’s a great relief off his shoulders to be vindicated. He’s spent a lot of time working on himself and his family.” In her original complaint in Doe v. Irvin, filed Feb. 4 in the 17th Judicial Circuit in Broward County, Fla., the woman alleges among other things that on or about July 4, 2007, Irvin "lured her" to his room at the Seminole Hard Rock Hotel and Casino in Fort Lauderdale, Fla., and proceeded to "sexually assault and rape" her. On Feb. 5, Irvin filed a countersuit against her in the 192nd District Court in Dallas County, seeking more than $100 million in damages for alleged tortious interference with current and prospective business relations, conspiracy, defamation and slander, defamation per se, civil extortion and duress. “The countersuit is still on,” Friedman says. David Lister, the woman’s attorney and a member in Westin, Fla.’s Martin, Lister & Alvarez, was not immediately available for comment. He previously told Texas Lawyer that his client tried to resolve the matter amicably before filing suit. He also said that when the woman came to his firm, the firm required her to take a polygraph test and three experts who studied the results are convinced the woman is telling the truth.
-- John Council