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Wednesday, January 30
 
Probation violation involved rape accusation

Associated Press

SAN ANTONIO -- Two-time NBA All-Star and Olympic gold medalist Alvin Robertson has been sentenced to three years in prison for a probation violation involving a rape accusation.

Robertson was sentenced Tuesday despite his long-time girlfriend recanting the rape account she made to police the morning of the alleged attack.

State District Judge Sid Harle, in imposing the sentence, said he found it "more likely than not" that Robertson, 39, raped her during the visit to her San Antonio residence on Nov. 17.

Robertson's girlfriend, appearing Monday as a hostile witness, testified she had accused Robertson of rape to get even with him after she felt he was disrespectful of her during a sexual encounter that was consensual.

In probation revocation hearings, a finding of absolute guilt is not necessary; prosecutors need only show that it's likely a violation occurred. Robertson has not been criminally charged in the alleged rape, and prosecutors said they still are considering their options.

Robertson was the San Antonio Spurs' top draft pick out of the University of Arkansas in 1984. In 1986, he was named the NBA's Defensive Player of the Year. Robertson last played for the Toronto Raptors, who released him after the 1995-1996 season.

At the time the sex allegations surfaced, Robertson, who is married with three children and now runs a construction company, was more than halfway through a 10-year probation he received in 1996. That followed his conviction of breaking into the apartment of anther former girlfriend, slashing clothes and furniture and taking jewelry. The criminal mischief charge involved vandalism to the woman's car.

Robertson rose in court Tuesday to express his displeasure with the justice system.

"I came in here with criminal mischief charges and now I'm an alleged rapist," he said in a clear, strong voice. "Ever since I've been in the system, for each and every allegation I've had to stand up and (prove my innocence). ... I am here now to tell you that I would never sexually assault anyone.

"I absolutely did not rape anybody. I never committed a sexual assault. I'm screaming in the wilderness."

The judge was not swayed.

"The problem, Mr. Robertson, is that it's never your fault. Everybody has bent over backwards to keep you out of prison," Harle said before imposing sentence.

Harle ruled that Robertson had violated his probation by using drugs and alcohol and by committing a sexual assault.

Robertson had spent months trying to avoid incarceration. He could have been sent back to prison last summer after testing positive for cocaine. Instead, Harle ordered Robertson to complete an intensive residential drug treatment program. Court records indicate he tested positive for drugs on at least three separate occasions last year.

Last summer, he was ordered to spend 30 days at a residential treatment facility after he tested positive for cocaine. He has yet to do that, however. His attorney said Tuesday that Robertson has been waiting for an opening at the treatment center.




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