Greg Hardy’s domestic-abuse case was abruptly dismissed Monday because his accuser — who is believed to have reached an undisclosed civil settlement with the Carolina Panthers’ Pro-Bowl defensive end — could not be found to testify.
Nicole Holder, Hardy’s ex-girlfriend, told prosecutors last fall she did not want to go through another trial after Hardy’s initial conviction in July 2014, District Attorney Andrew Murray said in a statement Monday as jury selection was about to get underway at the Mecklenburg County Courthouse.
Hardy, who came to court in a dark, pin-striped suit and white $600 Balenciagas tennis shoes, appeared impassive as the decision was revealed. He said nothing, and his attorney, Chris Fialko, would not take questions.
Since November, efforts to contact Holder and serve her with a subpoena have been fruitless, Murray said, despite “extraordinary measures” that included police staking out the addresses where she was believed to be living and requests to relatives to have her come forward. Murray said that he understood Holder had reached an independent settlement with Hardy.
Holder’s attorney, Daniel Zamora of Charlotte, did not return a phone call Monday morning. In the days leading up to Hardy’s trial, Zamora refused to say whether Holder would appear.
In July, with Holder at his side, Zamora said Hardy’s conviction “sent a strong message to the people of Mecklenburg County that it doesn’t matter if you’re an average Joe or if you’re a professional athlete that plays for the Carolina Panthers: If you assault a woman and you communicate to that woman that you will kill them, you will be arrested. You will be prosecuted, and you will be convicted.”
Speaking briefly with reporters after the cased was dismissed, Murray said his office remains committed to prosecuting domestic abuse cases. In many cases, prosecutors go to trial without the cooperation of victims, who may change their minds on bringing charges or fear reprisals from their attackers.
Hardy has been on the NFL’s exempt list since mid-September. He played in only one game in the 2014 season, but was paid more than $13.1 million.
NFL spokesman Brian McCarthy said Monday morning that Hardy’s status remains unchanged until league officials “fully review the matter.”
The Panthers did not have an immediate response, but said the team might comment later in the day.
In the Hardy case, Murray alluded to apparent inconsistencies between Holder’s initial statements to police on the morning of May 13, and the testimony she gave at Hardy’s first trial. Without Holder’s live testimony, Murray’s office said in a statement, “the state has determined it cannot go forward.”
Though Murray’s office said it couldn’t locate Holder, her Facebook account left plenty of clues of her whereabouts. In December she traveled to Vail, Colo., to snowmobile. She shopped in Atlanta on Dec. 22, and the next day she was in Grand Central Station.
Original conviction appealed
Hardy was convicted last summer of assaulting and threatening to kill Holder — one of several abuse cases involving professional football players that dominated the headlines for much of the NFL season. He appealed the ruling and was assigned for a jury trial.
Murray’s office entered a dismissal order Monday morning and it was accepted by Gaston County Superior Court Judge Robert Sumner.
“Due to the circumstances of this case, the victim’s testimony would have been critical evidence for the jury to consider,” Sumner said. “The victim appears to have made herself unavailable to the state.”
The Observer has asked the district attorney’s office for more information regarding the case, including:
—When did prosecutors learn of the civil settlement between Holder and Hardy?
—When did they look for Holder?
—When did they decide to drop the charges?
—Did they investigate whether witness tampering occurred?
If a principal witness fails to respond to a subpoena or goes into hiding, “you’d be a little bit concerned that they’ve been threatened or an inducement has been given to them not to show up,” recently retired Superior Court Judge Richard Boner said last week.
Witness tampering is a felony under North Carolina law, but it is also a charge that is rarely prosecuted, Boner said Monday.
That’s because investigators need firm proof of a “quid pro quo,” that money changed hands to keep a witness from testifying in a criminal case. A civil settlement could have the same net effect but not meet the requirements of a tampering charge, Boner said.
“If you have proof of quid pro quo, then you’ve got some possible criminal liability. It’s the district attorney’s call. There’s a fine line,” Boner said.
As Hardy left the courthouse, at least one reporter asked whether he’d left the impression that he paid Holder off. He declined to comment on that and other questions.
Fialko did the same. “Don’t make me do a Marshawn Lynch on you,” he told the Observer as he left the courthouse, a reference to the Seattle Seahawks player who refuses to talk with the media.
Hardy and his entourage drove off in a Honda Accord.
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‘Nothing in between’
According to police records, Holder told police that she and Hardy lived together for a few months before their relationship ended. She testified at Hardy’s first trial that she and the player went to Hawaii together for the Pro Bowl in January 2014. But on the trip home, Hardy surprised Holder by sending her to Charlotte, while he flew to the Super Bowl.
Laura Iwanicki, a one-time co-worker of Holder’s at Suite, an Epicentre club, said Holder and Hardy had a relationship that was “really good, really bad, with nothing in between.”
Hardy was arrested last May and charged with physically assaulting Holder during a party at his uptown condominium. Holder testified at Hardy’s first trial that the attack sent her to the emergency room and left her fearing for her life. She said Hardy had been angry for some time at Holder’s brief relationship with the entertainer Nelly, which took place after her breakup with the football player.
Hardy, who called 911 that morning to report that Holder was attacking him, said his former girlfriend erupted after he told her she could not spend the night.
The judge at the first trial found Hardy guilty. Under North Carolina law, the 26-year-old was eligible for a jury trial in Superior Court on his appeal.
Although Hardy faced the likelihood of probation, perhaps community service and a small fine if he had been convicted, it could have affected his marketability in the NFL, which is dealing with cases of off-field brutality.
Hardy becomes a free agent next month, meaning he can sign with the highest bidder. Experts say the case has already cost Hardy millions in future earnings.
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