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Hayes' agent says he's been told of rape inquiry

POLICE, UK ARE RELEASING FEW SPECIFICS; WOMAN REPORTED ATTACK AT WILDCAT LODGE

By Delano R. Massey and Jerry Tipton

HERALD-LEADER STAFF WRITERS


An agent for University of Kentucky basketball star and potential NBA draft pick Chuck Hayes said yesterday that he had been notified of a police investigation into a woman's allegation that she was raped at Wildcat Lodge last week.

"Obviously, I don't expect there is any validity to this because of Chuck's character," Hayes' agent, Bill Duffy of Walnut Creek, Calif., said in a phone interview. "I suspect it's not what people think it is. It's too preliminary to have any conclusions. It's unfair to speculate."

No charges have been filed. Duffy said Hayes had retained an attorney in Lexington, though he didn't know the attorney's name. Duffy said his company would "work as aggressively as we can to protect Chuck" and he was "very confident this will be dealt with fairly and expeditiously."

Hayes did not appear as scheduled last night at a Northern Kentucky stop on a tour of former UK players.

A police report says the woman, 29, told police she was raped the afternoon of April 20 at Wildcat Lodge, a UK residence hall that houses 28 residents, 16 of whom are UK basketball players. The rape was reported to police two days after the alleged incident.

Lexington police have remained quiet about details of the investigation, which they said remained in its "infant stages." They have declined to name a suspect.

UK spokesman Jay Blanton said President Lee Todd was informed of the alleged rape on Thursday by Athletics Director Mitch Barnhart. UK athletics spokesman Scott Stricklin declined to comment yesterday. He wouldn't confirm whether a UK basketball player was involved.

Duffy, who also represents NBA players Tayshaun Prince, Steve Nash, Yao Ming, Carmelo Anthony and others, said he was informed yesterday of the woman's allegations. He said his office has talked with UK Coach Tubby Smith.

Other than a speeding ticket in Jefferson County, Hayes has not been involved in any legal problems in Kentucky, according to court records. Hayes was UK's team leader during the recent season and has been a fan favorite in his years on the team.

Yesterday morning, Lexington Assistant Chief Ken Hall said during a news conference that police could not release any new details of the investigation, or a suspect's name, because it would be against division policy and the advice of the city law department.

Hall said investigators have conducted interviews and are awaiting the results of DNA testing and other forensic testing. Hall said DNA testing would help eliminate or confirm the suspect. There did not appear to be any witnesses, he said.

The woman reported she had been raped April 20 between 12:30 p.m. and 2:30 p.m. while she was at the residence hall at 337 Lexington Avenue. She told police the suspect had intercourse with her without consent and that she was "physically helpless." A police report says the woman had a bruise.

When asked yesterday whether physically helpless meant "handicapped" and "intoxicated" Hall replied "yes," but then declined to give further details because "that's part of the investigation."

The woman was checked for evidence of rape when she was at the hospital, Hall said.

Police say the woman named a suspect. They confirmed that the woman was an acquaintance of the suspect, who is a resident of the lodge. The allegation, Hall said, is that there was just one suspect involved.

Asked what type of cooperation investigators were getting from the suspect, Hall said he couldn't comment on that because police were "still in the process of trying to make some contacts." Hall added: "I'm sure that cooperation will be forthcoming."

"We're making sure we fully investigate the allegation and talk to all the people that we would need to talk to about the allegation," he said.

For charges to be filed, Hall said, investigators would need to establish probable cause that the alleged crime occurred. When police have more information to release, or when an arrest is made, Hall said, that information would become available.

"It could be this afternoon; it could be next Friday -- I'm not sure when it will be," he said.

Two UK officials who attended the police news conference declined to comment. The rape allegations have attracted an enormous amount of media attention. Several television crews from Lexington and Louisville were camped out in front of the police department and Wildcat Lounge yesterday.

The alleged incident occurred in a jurisdiction shared by both UK and Lexington police. The Lexington department is handling the investigation.

Hayes, who has been playing on a barnstorming tour of former UK players, played at Christian County High School on April 21, the day after the alleged rape. He also played at Lexington Catholic High on Tuesday.

Last night, Hayes did not appear at a scheduled tour stop at Ryle High School in Union. UK teammate and fellow senior Josh Carrier did play, but declined to comment.

Earlier this month, Hayes, who is generally not considered a first-round NBA draft pick, was Most Valuable Player at the Portsmouth (Va.) Invitational, a tryout camp for marginal prospects. He's expected to be invited to the Chicago Pre-Draft Camp, a best of the pre-draft tryout settings.

Duffy said Hayes' friends and supporters would stand by him. "The lawyers are involved. Assertions have been made. There's so much entailed in this -- we have to find out what happened," Duffy said.