District attorney: Insufficient evidence to charge Osa Masina, Don Hill

LOS ANGELES -- Former USCfootball players Osa Masina and Don Hill will not be charged with a crime after the Los Angeles County District Attorney's office determined an investigation into an alleged sexual assault in July provided insufficient evidence.

Masina was charged with one count of first-degree rape and two counts of first-degree forcible sodomy in September, in a separate case involving the same alleged victim in Utah. The trial is set to begin June 26 in Salt Lake City, according to Masina's attorney, Greg Skordas.

Both Masina and Hill were suspended from the USC football team in September after the allegations surfaced. A Title IX investigation conducted by USC recommended in January that Masina should be terminated as a student at USC, but Masina has since appealed, Skordas said.

Hill's status with the team has not changed, according to a USC spokesman, while his status with the university is unclear.

A search warrant and affidavit obtained by ESPN show that Hill and Masina were accused of sexually assaulting a woman in Hill's off-campus apartment on July 16 after all three consumed drugs and alcohol.

According to a report released Tuesday by the D.A.'s office, Masina told investigators he had consensual sex with his accuser and that Hill did not engage in sex acts with her. Hill did not make a statement to investigators.

"Due to the victim's description of the amount of controlled substances and alcohol consumed by the suspects, as well as Masina's statements, there is insufficient evidence to prove they knew or should have known that she was unable to legally consent," the report said.

In the second alleged incident, the woman told investigators from the Cottonwood Heights (Utah) Police Department that after consuming marijuana and alcohol at a house party, she passed out and awoke to Masina having sex with her July 26, according to the charging documents filed in the 3rd District Court in Salt Lake City.

USC began spring practice on Tuesday.