Indianapolis Colts linebacker Josh McNary has claimed he's innocent of rape and criminal confinement charges, while his team have applied for and received permission from the NFL and commissioner Roger Goodell to place McNary on the Commissioner's Exempt List, meaning he will not take part in their AFC Championship playoff game against Tom Brady and the New England Patriots on Sunday. He will, however, continue to be paid, and the team will be able to replace him on their roster.
As CNN report, McNary — who was charged with "felony rape, felony criminal confinement and misdemeanor battery resulting in bodily injury" — had his lawyer release a statement to say that McNary "unhesitatingly denies all allegations."
CNN add that 26 year old McNary — a graduate who played for Army and served two years service and who has been with the Colts since 2013 — was "released early Thursday, according to the Marion County, Indiana, jail website," after posting a $25,000 bond while being "ordered to wear an ankle bracelet for GPS monitoring," according to Peg McLeish, a spokeswoman for the county prosecuting attorney.
His lawyer said that "Joshua has full faith and confidence in the American way, including its justice system, which he pledged to protect and defend as a West Point graduate and lieutenant in the United States Army."
As CNN say, "a 29-year-old woman reported to police on the morning of December 1 that she was raped hours earlier at the apartment of a man she met at a bar." When police arrived at his apartment, McNary was cooperative according to police.
As for his status ahead of this week's playoff game, Jason La Canfora reported that the Colts requested to have McNary placed on the commissioner's exempt list:
Colts announce they have asked the NFL to put LB Josh McNary, facing rape allegations, on the exempt list
— Jason La Canfora (@JasonLaCanfora) January 15, 2015
The request, say Sports Illustrated, was granted.
Indianapolis Colts LB Josh McNary has been placed on the commissioner's exempt list after being charged with rape https://t.co/MaGMMXrcId
— Sports Illustrated (@SInow) January 15, 2015
Said the Colts in a statement: "After reviewing the documents supporting the very serious criminal charges filed yesterday afternoon against Josh McNary, the Colts have requested Commissioner Goodell to immediately place Josh on the league's Commissioner Exemption list."
"That designation will permit the investigation provided by the league's Personal Conduct Policy to run its course and will afford Josh the opportunity to focus on his defense against the charges. The Colts sincerely hope this extraordinarily serious matter will be resolved expeditiously and that justice will prevail."
Cashmere=Free Sexual Harrisment(*) #Publicselfie #turndownforhuh?
A photo posted by Josh McNary (@josh_mcnarly) on Jan 18, 2014 at 1:20am PST
As ESPN's Mike Wells reports, the victim, whose name has been redacted on all reports, "claimed she and McNary engaged in a "physical fight" and that she scratched his neck, face, back and shoulder before the alleged sexual assault took place."