Justice William Bassel ruled Monday that although Payton likely
sparked a dispute with foul language and taunts, he is "not on
trial for his vulgar ... and offensive conduct."
Adrian Cimpean alleged Payton started hitting him after he
objected to the athlete insulting his fiance, Vida Asante, as the
couple left the club on April 11, 2003.
In July 2005, Cimpean, testified that Cassell and Caffey joined
in the assault, that he was kicked in the face and rendered
unconscious and left with back pain, brain damage, blurred vision
and diminished hearing.
Police also charged Payton with assaulting Asante and another
female stripper, while Cassell was accused of assaulting a club
But the judge said Monday the couple's testimony was riddled
with exaggerations and inconsistencies.
None of the three athletes were present Monday.
Cassell is now with the Los Angeles Clippers and Caffey is