By Ed Bouchette and Moriah Balingit, Pittsburgh Post-Gazette
http://www.post-gazette.com/sports/
ORLANDO, Fla. -- An attorney for Ben Roethlisberger said authorities in Georgia have withdrawn their request for a sample of his DNA because they told him they no longer needed it.
Earlier this month, police announced at a news conference that they would seek a DNA sample as part of their investigation into a 20-year-old woman's claims that the Steelers quarterback sexually assaulted her in the early morning hours of March 5 at a night club in Milledgeville, Ga.
But Mr. Roethlisberger's attorney, Edward T.M. Garland, said Tuesday an agent with the Georgia Bureau of Investigations called him last week to tell him that they would no longer need the sample. Mr. Garland said he was told investigators had nothing to compare it to.
"After analyzing all the information ... they advised me they had no need for us to go forward and furnish his DNA," he said.
Mr. Garland said that Mr. Roethlisberger had returned to Georgia -- though he would not say when -- to make himself available if a sample needed to be collected.
"Ben had been requested to supply his DNA, had offered to supply it, and had agreed to supply it," Mr. Garland said, adding that he had never objected to providing a sample.
Officials of the Georgia Bureau of Investigations could not be reached for comment.
Forensic expert Dr. Cyril Wecht said the fact that police have declined to take a DNA sample from Mr. Roethlisberger means that it's likely there is no forensic evidence to back up the woman's claims.
"When you don't have any biological evidence, you have to decide whether you want to proceed with what the purported victim has stated," he said.
The woman who made the accusation, a student at Georgia College & State University, was examined at Oconee Regional Medical Center just hours after she told Milledgeville police that Mr. Roethlisberger sexually assaulted her.
Dr. Wecht said it's likely she was examined for signs of sexual assault there. If police have no comparable sample, it's likely that the exam of her and her clothing yielded no foreign biological specimens. such as semen, hair or saliva, he said.
But in their investigation, police have only indicated that they are investigating a "sexual assault," and have declined to elaborate on the accusations made against Mr. Roethlisberger. Dr. Wecht pointed out that some kinds of sexual assault -- such as a "superficial altercation" -- and some types of sexual contact -- such as oral sex -- could leave no biological calling cards.
And while he maintains his client's innocence, Mr. Garland has declined to comment on whether or not he thinks the police dropping the request means Mr. Roethlisberger is closer to be exonerated.
"The district attorney operates on his own time-table," Mr. Garland said. "I am not making comment or any prediction as to what's going to happen in this matter."
Mr. Garland has hired his own team of investigators to look into what transpired in the night the accusations were made and he anticipates his investigation will be complete within a few weeks.
He refused to say whether or not police had or would interviewed Mr. Roethlisberger, though they had said they would request an interview.
Earlier in the day, Steelers coach Mike Tomlin said that Mr. Roethlisberger called him in the early hours of March 5 that a woman had just accused him of sexual assault in Georgia.
That, and a few other revelations, were disclosed Tuesday by Mr. Tomlin as he discussed Mr. Roethlisberger and his situation for nearly 30 minutes with reporters at the NFL meetings in Orlando.
Mr. Tomlin, who Monday declined to discuss Mr. Roethlisberger, opened up like no other Steelers official about the quarterback's predicament in which he has been accused but not yet charged in the case that drew critical comments from NFL commissioner Roger Goodell, who wants to meet with Mr. Roethlisberger."He's well within his rights, of course, in terms of meeting with him," Mr. Tomlin said of the commissioner. "I share his concerns."
Mr. Tomlin said Mr. Roethlisberger has remained in Pittsburgh, that he has been in daily contact with his quarterback since the March 5 incident and has met with him as well.
The coach first heard about the incident, which occurred sometime in the first two hours after midnight in Milledgeville, Ga., when Mr. Roethlisberger called him.
"The sun wasn't up, but it technically wasn't the middle of the night," Mr. Tomlin said. "I've had pretty fluid daily contact with him really like I always do. Of course, these are different set of circumstances."
Mr. Tomlin mentioned that Steelers president Art Rooney II has spoken on the issue and that he did not need to say or do anything about his quarterback position at the moment. But he said that could change based on what comes out of the criminal investigation in Georgia.
"Really, it doesn't serve me, it doesn't serve the organization, it doesn't serve Ben for me to continue to add comments at this point. We've been pretty clear from Art Rooney II on down about where we are at this point. As the investigation continues to develop, as things change, we'll react appropriately ... I really have nothing to add for the simple reason that nothing has changed in terms of the investigation. We're in a wait-and-see mode like everyone else. We'll continue to do that. By no means is it comfortable, but such is life."
Mr. Tomlin told the NFL Network in a brief comment Saturday after his arrival for the NFL meetings that he was "highly concerned for our franchise and for Ben." He explained Tuesday why he was concerned for the franchise.
"I think it's well known that we're very, very conscious about how we do business, that we're very highly concerned about our image, perception, how we conduct ourselves; our standards of conduct I think are above and beyond that of our peers. We embrace that. That's why I made the comments I made."
He said Mr. Roethlisberger is handling the situation "about what you'd expect."
Dennis Dixon finished last season as the No. 2 quarterback and the Steelers plan to re-sign veteran backup Charlie Batch soon. But if something were to happen to Mr. Roethlisberger, "We don't necessarily have a backup plan at this time," Mr. Tomlin said.
"It's early in this process and we'll let the process run its course and kind of make decisions from there."
He went on to describe Roethlisberger as "a ridiculous competitor, a good guy, a guy who wants to win. A guy who doesn't mind toting the burden that comes with being the quarterback of our football team. Really what you see is what you get from my perspective."
Mr. Tomlin said it's too early to think about adding another quarterback.
"You know, I think we're in a position right now that we can kind of wait and see. Of course if we have to we will, but I don't think it's gotten to that point yet where we need to kind of make those hard and fast decisions."
Mr. Roethlisberger has a contract with the Steelers through 2015 that still has more than $66 million due in salary to him over the next six seasons, including a salary of $8,050,000 in 2010.
Mr. Tomlin said the veterans such as Mr. Roethlisberger are not due to begin offseason workouts until Monday. Those workouts are voluntary. The first two organized team activities, which include practices, will take place April 19 and 20.
For more on the Steelers, read Ed Bouchette on the Steelers at www.post-gazette.com/plus. Ed Bouchette: ebouchette@post-gazette.com. Moriah Balingit: mbalingit@post-gazette.com or 412-263-2533.
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