Gonzalez hopes civil sexual assault case is thrown out

Thursday, January 6, 2005

Associated Press

KANSAS CITY, Mo. -- A former exotic dancer accusing Kansas City Chiefs tight end Tony Gonzalez of assault in a civil lawsuit is ''looking for fame and fortune,'' his attorney said Tuesday.

''I'm 100 percent certain this case will be thrown out of court quickly and we will hold those involved in filing it responsible for defamation of character,'' attorney Kevin Regan told The Associated Press.

Misty Smith, 20, filed suit against Gonzalez in Jackson County Circuit Court, accusing the football star of assaulting her in the restroom of a Kansas City strip club where she worked as a dancer.

Smith claims Gonzalez locked the door, groped her and asked her to have sex with him. He then apologized after she repeatedly told him no, the lawsuit says.

Both the Jackson County and city prosecutor declined to file criminal charges against Gonzalez after investigating Smith's allegations last fall.

''It takes evidence to win a case and this claimant and her attorneys have no evidence to support these claims,'' Regan said. ''Her own co-workers have indicated that she is lying through her teeth.''

Attorneys representing Smith said the case is about Gonzalez and other celebrities who take advantage of their status.

''This case is not just about sex, it's about power,'' said James T. Madison, one of Smith's attorneys.

Gonzalez, 28, broke the NFL record for most catches by a tight end with 102 this season.

The civil lawsuit lists seven counts, including assault, battery, false imprisonment and intentional infliction of emotional distress.

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