June 2, 2012 – Yesterday, prosecutors from the Suffolk District Attorney offices filed a “nol pros” statement in Brighton Municipal Court, terminating the prosecution of former Boston University hockey player Max Nicastro.
Nicastro, 22 was arrested on Sunday, February 19th at 6:30 am by Boston University Police, after a female student claimed he sexually assaulted her. At arraignment, Nicastro pleaded not guilty to two counts of rape. Boston University released a statement thereafter, announcing the Detroit Red Wings Prospect was no longer affiliated with the hockey program or enrolled at the University.
After an extensive four month investigation into the alleged allegations, Suffolk District Attorney Daniel F. Conley’s office stated in court papers that “the Commonwealth of Massachusetts did not feel they had enough evidence to prove their case beyond a reasonable doubt.” Therefore, they would decline to prosecute.
“My client has always maintained his innocence from the beginning,” Nicastro’s defense attorney Hugh R. Curran told the Boston Herald. “Our position is that there was no crime committed and our client is innocent.”
His attorney would not comment on whether Nicastro would attempt to be reinstated at Boston University.