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CLARIFIES in first 4 grafs that Ganby made statement last month and recanted Thursday.

March 26, 1993

SEATTLE (AP) _ The third husband of a woman suing the Cincinnati Bengals over an alleged gang rape conceded Thursday that he earlier told a defense lawyer the plaintiff knew her acceptance of $30,000 barred her from filing a lawsuit.

But Greg Gamby testified in federal court that he made the comments while he was drunk and feeling vindictive toward his ex-wife.

Under cross-examination, Gamby admitted meeting with defense attorney Carol Lee Moody at a bar last month and talking with her about the case for three hours.

In Thursday’s testimony he disavowed the statements he made to Moody.

″I would have said anything to hurt her on that day,″ said Gamby, whose January 1992 marriage to the plaintiff was annulled because her divorce was not final. She has since married someone else.

The jury will determine whether the plaintiff, identified in court papers as Victoria C., can sue the team and 19 current and former Bengals players for damages for the alleged Oct. 3, 1990 assault or is prevented from doing so by a release document she signed in October 1991 for $30,000.

Defendant Tim McGee testified after Gamby.

The plaintiff’s lawyers want the agreement thrown out on grounds Victoria C. did not have legal counsel and signed under duress. She is expected to take the stand Friday, her attorneys said.

In cross-examining Gamby, Moody reminded him he had told her only about 6 percent of the plaintiff’s story was true and that Victoria C. knew signing the release barred further compensation.

Gamby, who lived with the plaintiff in Spokane in the fall of 1991, said he did not remember what he had said. Outside the courtroom, he said he had been angry at Victoria C. because an attempted reconciliation had failed.

In testimony Wednesday and Thursday, he portrayed her as troubled after the alleged assault and in turmoil a year later, when she called the Bengals and began the discussions that led to her signing the release document on Oct. 5, 1991.

Victoria C. filed her lawsuit in April 1992. She has said she had consensual sex with one player at a Seattle-area hotel and that 12 of the defendants then raped or sodomized her while seven looked on and failed to help her. No criminal charges were filed.

While Victoria C. told the players she needed the money for medical expenses, most of the $30,000 went to buy a car, to pay three months’ rent on a new house and to pay back money borrowed from Gamby’s grandparents, Ray and Florence Dillman of Spokane.

Mrs. Dillman testified that the couple borrowed between $10,000 and $12,000 between their arrival in Spokane in December 1990 and October 1991. Overall, she said, their assistance to Gamby and Victoria C. - who was hospitalized for about a month in 1992 - totaled ″probably $30,000 to $40,000.″

″I didn’t have any particular expectations,″ she said. ″I hoped they would repay us.″

Also Thursday, Bengals player Tim McGee testified he had never seen the plaintiff until Monday, when both attended opening statements in the trial.

He said Bengals general manager Mike Brown told him and Elbert ″Ickey″ Woods in late September 1991 that a woman had called alleging ″sexual misconduct″ and wanted an apology and help with medical bills.

Brown told them several players were allegedly involved ″but she named you two,″ McGee told the court.

Brown gave them the phone numbers for a Cincinatti attorney - James Perry, who prepared the release document - and for Victoria C.

McGee said he called her immediately and demanded to know what she was talking about.

″I told her I was not going to apologize for something I was not involved with ... and I was not paying anybody’s medical bills,″ he said.

McGee said he gave Victoria C. his home phone number and told her he wanted to be updated, and told his wife what was going on.

McGee said Victoria C. indicated she had identified him from a poster, but that her reference to ″messed up″ teeth made clear she was confusing him with Reggie Rembert.

He said she cried some but seemed ″firm, saying what she wanted.″ In their last conversation, he said Victoria C. told him ″she’d talked with Ickey and things were being handled.″

″I was encouraging Mr. Woods to clear my name because he knew I wasn’t there,″ McGee said.

He said he was never asked to contribute any money toward the settlement.

″I was not going to pay anybody for something I had nothing to do with,″ McGee said.

He testified out of turn so he could return to Ohio, where his wife was expecting a baby. He was informed after he left the stand that his second daughter had been born.

In addition to McGee, defendants Woods, Eric Thomas and Harold Green were in court Thursday.

Meanwhile, a federal magistrate in Kentucky refused bail to another defendant in the case, Lewis Billups, who is charged there with making threats against Washington Bullets basketball player Rex Chapman.

U.S. Magistrate James Cook found Billups ″a danger to the community and others.″

Billups and another man also face sexual battery and extortion charges in Florida.

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