Patriots' Moss to Bail on Court Appearance

Patriots wide receiver will be readying for the Super Bowl, not a Fla. court

ByABC News
January 25, 2008, 10:09 AM

Jan. 25, 2008 — -- All-Pro wide receiver Randy Moss will be on an Arizona practice field with the New England Patriots on Monday, and not in a Fort Lauderdale, Fla., courtroom.

Attorney Richard Sharpstein said Thursday that Moss will spend all of next week with his team as it prepares for the Super Bowl on Sunday, Feb. 3. Sharpstein will appear in Broward County Circuit Court on Monday and request a delay in a scheduled hearing to determine whether a permanent restraining order should be issued against Moss.

Monday's legal proceeding comes after Rachelle Washington, a longtime friend of Moss, obtained a temporary restraining order against him, alleging that Moss committed "battery ... causing serious injury" to her at her Fort Lauderdale home on Jan. 6, the Sunday of the Patriots' playoff bye week.

No criminal charge has been brought against Moss.

"I'm going to go in and ask the judge to put it off," Sharpstein told ESPN.com. "We'll agree to extend the temporary order until we can deal with a permanent order, and we'll ask to put it off until a date after the Super Bowl. The judge will set a hearing [date] and Randy will appear. Then we'll deal with the substance, which is bulls---."

Sharpstein reiterated that Moss, who isn't required to appear at Monday's hearing, won't make a trip to Florida in the midst of Super Bowl preparations.

"He is not going to be there, so it won't be a photo opportunity," Sharpstein said.

Sharpstein said that Moss has not been served with a notice of the restraining order by sheriff's deputies. The lawyer said he would tell the judge he will accept service on Moss's behalf.

Moss has denied the allegation, which he called "this situation of extortion," alleging that Washington asked for "six figures" for what he said was an accident in which she hurt a finger. Washington must be present at Monday's hearing, said both Sharpstein and a court official in Broward County, or else the case could be dismissed.

Neither Washington nor David McGill, who represents her, could be reached for comment.