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LANSING — The Michigan Attorney General’s office has asked to review the criminal investigation into a sexual assault complaint against a Michigan State University basketball player, according to a university official.  

Michigan State University Police Department Capt. Doug Monette confirmed the investigation involved redshirt sophomore Brock Washington and said his office provided the file to the AG. 

AG spokesperson Kelly Rossman-McKinney said an assistant Attorney General received an inquiry about looking into the case, but has made no decisions or recommendations. She said because of COVID-19, it’ll likely be a few weeks before the legal team can review the case. 

The Ingham County Prosecutor’s Office declined to file charges against Washington because the case did not meet the burden of proof needed to try it in front of a jury, Prosecutor Carol Siemon said in an emailed statement. 

“We believe that every complaint of sexual assault should be investigated, and that every investigation should be reviewed by a prosecutor,” Siemon said. “It was the consensus of our prosecution team that the case could not be proven in court as required under law. As the County Prosecutor, ultimately I am the official who reports directly to the people of Ingham County. I have determined that the case does not meet the burden of proof that we must present to a jury.”

Washington’s attorney, Mary Chartier, said Washington “vehemently denies” the allegations against him. 

“Recently, a woman has decided to publicly accuse Brock Washington of rape and to ask the Michigan Attorney General to issue charges against him. This public allegation comes after another prosecutor fully reviewed these claims and decided not to issue charges,” Chartier said in an emailed statement. “Now that one prosecutor’s office has declined to issue charges, the complainant has taken her allegations to the media in an attempt to publicly shame Mr. Washington and put pressure on the Michigan Attorney General. While Mr. Washington will not try this case in the media, he also will not stand by silently while falsehoods are spoken about him.”

Mar 20, 2019; Des Moines, IA, USA; Michigan State Spartans guard Brock Washington (14) shoots the ball during practice before the first round of the 2019 NCAA Tournament at Wells Fargo Arena. Mandatory Credit: Jeffery Becker-USA TODAY Sports (Photo: Jeffery Becker, Jeffery Becker-USA TODAY Spor)

The reported sexual assault took place Jan. 19 in the 400 block of Ivy Court in East Lansing. Siemon said her office received the police report in February.

Efforts to reach Washington’s attorney Monday were unsuccessful.

Washington was suspended Jan. 24. Coach Tom Izzo did not discuss the reason behind the suspension.

The State Journal requested the police report Feb. 24 from MSU police and the university records office has said it is still in the process of redacting it. That same day, the Ingham County Prosecutor’s Office denied an LSJ public records request for emails involving Washington between the university police department and county prosecutors.

MSU also said there was no email correspondence with anyone at the MSU police department and top basketball officials. 

Washington was charged in March 2018 with misdemeanor assault. He pleaded guilty to the charge, but his case is not public because he pleaded under the Holmes Youthful Trainee Act, which allows offenders ages 17 to 24 to have a non-public conviction as long as the terms of their probation are satisfied. 

From March 2018: MSU walk-on basketball player charged with assault

Non-public cases: How youthful offenders are avoiding sexual assault convictions, state registry

The assault charge generally carries up to 93 days in jail, but it is not clear if Washington was sentenced to jail or was given probation. 

Contact reporter Kara Berg at 517-377-1113 or kberg@lsj.com. Follow her on Twitter @karaberg95.

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