The images were disturbing in the viral video, but no charges will be filed in the case in which a number of cheerleaders at a Denver high school were forced to do painful leg splits until they cried out in pain.
Beth McCann, the Denver district attorney, acknowledged in making the announcement Saturday that the video which was widely shared in late August was “painful to watch” but that the evidence and interviews with a number of people do “not support the filing of charges.” McCann indicated that she had spoken to parents of the cheerleaders and described them to Denver’s 9News as “disappointed.”
The Denver East High School principal and athletic director were forced out over cellphone videos, taken during the first week of cheer camp in June, that showed eight cheerleaders being pushed down into forced splits as teammates hold their arms. Ozell Williams, the newly hired coach at the school, could be seen pushing them down farther. An independent investigation by the Denver Public Schools showed that Andy Mendelsberg, the principal, misled administrators about a cheerleaders’ injuries and the existence of the videos. Mendelsberg has retired and Lisa Porter, an assistant principal who was acting as the athletic director, resigned. Five assistant principals were disciplined and Williams was fired.
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The allegations involve at least eight girls, according to 9News and one clip shows a 13-year-old incoming freshman yelling “please stop” nine times during a span of 24 seconds while the “forced splits” technique is used.
Because of differing opinions and accounts as well as the punishment that has been handed down, McCann said there would be no charges and added that the case could not be proved beyond a reasonable doubt. “There are differing opinions regarding the use of this technique of cheerleading training,” McCann wrote in her statement. “While I believe the technique should not be used, that is not the standard of proof for a criminal case. Most of the cheerleading squad participated in the technique that day, and there are differing accounts of the circumstances.”
Williams, who was fired almost immediately after the initial report, denies that he was endangering the cheerleaders. “People have known me for years,” he told 9News. “I would never have put any of my kids in any harmful situation or hurt them at any point.”
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On his website for his Mile High Tumblers business, Williams describes his mission as developing “strong athletes and well-rounded citizens by teaching discipline, responsibility, respect, sense of ownership and other characteristics that mimic upstanding citizenship.”
An attorney for the parents of two of the girls shown says the families “continue to focus on their daughters’ physical and emotional healing. While the families disagree with the decision of the Denver District Attorney’s Office, they appreciate the kindness and genuine concern demonstrated by DA Beth McCann through this difficult process,” Qusair Mohamedbhai said in a statement to 9News. “The families are determined to ensure no other student athletes are subjected to any form of abuse at the hands of adults entrusted with their care.”
Kirsten Wakefield, whose 13-year-old daughter, Ally, is seen screaming in one of the videos, emailed the school district June 15 demanding to know what the administration would do about her daughter’s injury. “This is a grown man,” Kirsten Wakefield told KUSA, “pushing my 13-year-old against her will.”
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Another parent, Cheri Nickolay, said at the time that her daughter has quit the cheerleading squad. “I don’t know how you could justify that.”
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