Friday, Oct. 25, 2002 | 9:54 a.m.
Miami Dolphins wide receiver and Las Vegas resident Dedric Ward has been dismissed from a lawsuit filed by a woman who claims he and three other professional football players sexually assaulted her in May 2000.
Ward's attorney, Osvaldo "Ozzy" Fumo, successfully argued that Ward should be dismissed from the lawsuit because Lisa Harden's attorney, John Lukens, failed to have Ward served within 120 days of the filing of the lawsuit, as required by law.
"I'm very pleased obviously," Fumo said following the hearing. "The judge did the right thing. Clearly, the law was not followed in this case.
"My client is pleased it's over. He was emotionally distraught about this lawsuit and now he's going to concentrate on football with a mind toward the playoffs and the Super Bowl."
Ward did not attend Thursday's hearing.
The Dolphins are currently 5-2 and in first place in the AFC East.
Harden filed a lawsuit in December against Ward and fellow NFL players Charlie Batch, Ron Rice and Tyree Tolton alleging they sexually assaulted her at Mandalay Bay.
Although Metro Police investigated the alleged incident, no charges were ever filed.
In responding to Fumo's motion to dismiss, Lukens said he did everything he could to ensure Ward had been served with the lawsuit. He noted that a process server went to Ward's Las Vegas home on at least four occasions within the 120-day period only to find no one home.
Process servers continued to try to serve the lawsuit after the deadline and after an amended lawsuit had been filed, Lukens said.
Fumo noted that all Lukens' staff had to do was call the NFL, find Ward's agent and serve him. Sending a letter that amounted to "extortion" months before the lawsuit was filed doesn't fit the statutory requirements regarding the serving of lawsuits, Fumo said.
Because Ward was never served, there is a chance evidence that could prove his innocence has been lost in the meantime, Fumo said. Videotapes could have been taped over and employees may have moved on, he said.
Although District Judge Allan Earl said the 120-day rule is not "rigid," he reluctantly granted Fumo's motion.
The reasons are "the length of time involved, the fact I don't think a letter constitutes an attempt to negotiate and someone with this kind of presence can be located," Earl said.
Moreover, Lukens could have asked for an extension on the deadline, Earl said.
"I'm concerned that there may be some prejudice to the defendant in this case," because of the delays, Earl said.
Lukens said he would have to research what his next step will be. He did not rule out the possibility that he would simply re-file the lawsuit and attempt to serve Ward again.
Lukens said Batch and Rice have been served their copies of the lawsuit, but he has been unable to locate Tolton, who is no longer in the NFL.
According to the lawsuit, Harden was attending a friend's wedding at Mandalay Bay on May 6, 2000, when she met Ward, Batch and Tolton at the hotel's rumjungle bar.
There, the men allegedly invited her for a drink, which she claims was spiked with a date-rape drug.
While Harden said she only partially remembers what occurred over the next four to six hours, she claims the men took her to Dedric's apartment in the 10100 block of West Spring Mountain Road, where they raped her.
According to Harden, Ward then dropped off the group back at the casino on his way to the airport. Batch, Tolton and Rice then again allegedly raped her repeatedly in a hotel room.
Afterward, Harden look for her friends and eventually returned to her room, according to the lawsuit.
She reported the incident the next day after she returned home to Seattle and went to an emergency room. Lukens noted that because of the delay, some evidence, such as any trace of the date-rape drug, was gone. But he said that DNA evidence existed that could link more than one man to the incident.
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