As of Jan. 7, 2011, the rape charges against former Cornell goaltender and Hobey Baker Award finalist David McKee have been dismissed, after jurors remained deadlocked at 11-1 in favor of “not guilty” at his trial last year.
According to The Orange County Register, defense attorney Al Stokke argued that due to McKee’s near-acquittal, no future jury would likely agree to convict. Superior Court Judge Daniel B. McNerney consented after the motion was met with no objection from the prosecution.
McKee, who left Cornell in 2006 after his junior season to sign a contract with the Anaheim Ducks, on June 5, 2009 pleaded not guilty to a one-count charge of rape of an unconscious person and one felony count of rape by intoxication.
The charges stemmed from an alleged incident on July 12, 2006 in Newport Beach, Calif., while McKee was attending an NHL camp for the Ducks. According to a press release posted on the Orange County District Attorney’s website after the alleged assault, McKee and a group of hockey players were drinking at Woody’s Wharf, where they met a 25-year-old woman and went back to her Newport Beach apartment after the bar closed. McKee was accused of entering the woman’s bedroom around 4:15 a.m. and raping her while she was unconscious, according to the report. The woman reportedly woke up during the assault and contacted the Newport Beach Police Department.
McKee was released on $100,000 bail, after which followed a lengthy investigation. McKee was indicted on May 11, 2009 — nearly three years after the alleged assault. A judge threw out the grand jury indictment on March 19, 2010 — citing insufficient evidence — after which prosecutors re-filed charges against McKee. He was arraigned on April 20, 2010 on a single count of raping an unconscious woman. McKee again pleaded not guilty, and his trial began on Nov. 1, continuing until the 19th — when the jury deadlocked 11-1 in favor of acquittal.
During his trial, McKee’s lawyer argued that his client and the woman engaged in consensual sex, according to The O.C. Register.
If convicted, the former ECAC and Ivy League Player of the Year would have faced up to five years in prison.
During his sophomore season at Cornell, McKee posted a .947 save percentage and a 1.24 goals-against average — good for third- and fourth-best in college hockey history — to go along with 10 shutouts. That 2004-05 season, the Red went 27-5-3 overall (18-2-2 ECAC) en route to an ECAC championship and berth in the NCAA regional finals. Cornell came up one win short of the Frozen Four, falling to Minnesota, 2-1, in overtime.
The 26-year-old McKee, a native of Irving, Texas, is now back playing for the Odessa Jackalopes of the Central Hockey League, according to Stokke.
Original Author: Sun Staff