<
>

Aldon Smith denies that he drank

San Francisco 49ers outside linebacker Aldon Smith has denied drinking alcohol with former teammate Ray McDonald and a woman who alleges she was sexually assaulted by McDonald last week.

"As far as it's concerned, I was over at Ray's house for close to an hour. I didn't drink one thing," Smith told reporters during locker room access Tuesday afternoon. "As far as it goes, relating to that, I have nothing else to say.

"It's not my issue or my problem."

According to court documents unsealed Monday that were written by San Jose police investigators to obtain a search warrant for McDonald's home, the woman told authorities she has no memory of the sexual encounter that occurred in McDonald's San Jose house, which police say occurred Dec. 14 a few hours after the 49ers returned from a 17-7 loss to the Seahawks in Seattle.

The woman stayed with McDonald at his home the next day and drank vodka with McDonald and Smith, according to the papers. That's when McDonald conceded that a sexual encounter occurred, according to the court documents.

Doug Hendrickson, Smith's agent, told The San Jose Mercury News that his client didn't drink at McDonald's home.

"He's been in the (NFL's) alcohol program and gets tested twice a week, and he's never failed a test," Hendrickson told the newspaper.

Smith served a nine-game suspension this season for numerous indiscretions, including a DUI in 2013. He was sentenced to three years' probation in that case and isn't allowed to drink alcohol, per terms of the agreement. Smith said before the season that he is sober.

The probation was handed down in July after he pleaded no contest to weapons and DUI charges and reportedly included his not drinking alcohol. Smith said he is tested regularly.

Niners general manager Trent Baalke said in a radio interview Monday that the team is aware of the allegation that Smith was drinking at McDonald's home and is investigating the incident.

The Associated Press contributed to this report.