SAN DIEGO — A judge has agreed to unseal ten search warrants from the police investigation involving former San Diego State University football players, accused of having sex with a 17-year-old girl in October 2021 during an off-campus party.
The San Diego County District Attorney announced in December no criminal charges would be filed against three players named in a civil lawsuit.
Information revealed in court Friday showed police were investigating a total of five players involved in the incident.
Judge Jeffrey Fraser agreed to make public most of the information contained in the warrants, but not all the information.
Last month, CBS 8 and other news organizations filed a court motion to unseal the warrants.
“There are certain things that I think the media has a right to know, including the physical condition of the victim, bruising, blood, go down the list,” said Judge Fraser.
Three the accused football players were named by the victim in August 2022 when her attorney filed a lawsuit alleging sexual assault.
On Friday, Judge Fraser ruled that two other SDSU football players -- who police investigated as part of the same incident -- will not be named.
“Two suspects not filed on by the DA, their information is not public right now. I am going to order their names are redacted and not revealed,” Judge Fraser said from the bench.
DNA testing in the case revealed multiple persons had sex with the teenager, but Deputy District Attorney Trisha Amador said in court the names of those players are not contained in the search warrants.
“The DNA results do not include suspect information, or results or that information,” Amador said in court.
The search warrants are expected to be released – with personal information like address and phone numbers redacted – in about two weeks.
Later, in a different courtroom, a civil judge set a trial date of Oct. 20, 2023 for the ongoing lawsuit involving the three former SDSU football players, including former NFL punter, Matt Araiza.
“It's extremely important for Mr. Araiza to be exonerated in the matter so he can continue his career,” said attorney Dick Semerdjian, who represents Araiza in the lawsuit.
Outside court, Semerdjian said Araiza engaged in consensual sex acts with the teenager in the backyard of the home, but never went inside the house.
The victim alleges she was gang raped in a bedroom of the home.
“There will be evidence that there was consensual contact that was brought about by the solicitation of the plaintiff,” Semerdjian said.
The attorney said his client is not interested in settling the case out of court.
“He is steadfast in his position. He will not be extorted. He is going to take this to the end. And he believes it's important, not only for the truth, but it's important for his career,” Semerdjian said.
Attorney Dan Gilleon, who represents the young woman involved in the incident, said his client does not object to the search warrants being unsealed and the information being made public.
Cell phone video of the alleged incident obtained by investigators was not requested in the motion filed by CBS 8. The video will be provided to the attorneys through discovery in the case, and could be shown to a civil jury if the lawsuit goes to trial in October.
In response to CBS 8's motion to unseal the search warrants, the District Attorney's office responded with a filing that stated, in part, the following:
"After the tenth and final search warrant was executed, and after continued review of witness statements, physical evidence, voluminous warrant returns, etc., video evidence was located documenting portions of the alleged sexual assault. After a review of all of the available evidence, including but not limited to the video evidence, it became clear there was no probable cause to obtain any additional search warrants related to the alleged sexual assault."
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