The civil case against former DeAnza baseball players for a 2007 group sex incident appears to be unraveling. Of the nine original defendants, only two defendants are left and one intends to fight back in court regardless of whether or not he is exonerated in the case. San Jose attorney Bruce Funk, who represents defendant Kenneth Chadwick, would not confirm or deny if the plaintiff’s attorneys have attempted to settle out of court, though we hear that an offer was made and rejected. But Funk did say “we will go back after that plaintiff’s attorneys for financial compensation.”
Not only that, sources close to the case say Funk has threatened to sue the alleged rape victim for malicious prosecution. The civil case was filed against Chadwick, even though there were no charges filed and he didn’t even participate in sex acts with the girl, who was 17 years old at the time.
Chadwick says he spent only 45 seconds in the room before he walked out. The woman who sued could be liable now for not only costs, but also attorney’s fees in addition to the malicious prosecution threat. The other defendant remaining in the civil suit is Christopher Knopf. An attorney familiar with the case says “the girl will be lucky to get $100,000. Her team has spent hundreds of thousands in attorney’s fees. Bruce is totally controlling the case now. It’s an ass kicking, and the plaintiff’s side is in complete freefall.”
With the civil suit on the verge of falling apart, it seems District Attorney Dolores Carr might be vindicated in the end for her heavily criticized decision to not press charges. Civil cases are easier to win than criminal ones, and this one’s not looking like a slam dunk at this stage.