Bubu Palo files civil suit, names two defendants

Bubu Palo speaks at a press conference with the aid of his attorney, Matt Boles, at Parish Kruidenier Trial Lawyers in Des Moines right after the sexual assault charges were dropped against him on Jan. 14.

Max Dible

The saga of former ISU basketball player Bubu Palo continued today as Palo filed a civil suit stemming from accusations that he sexually abused a woman in Ames in May 2012. 

The defendants in the upcoming civil case are Palo’s accuser, a former ISU student, as well as her mother.

The criminal case against Palo was ultimately dismissed in January 2013. Story County Attorney Stephen Holmes said it was dismissed because of new evidence.

“The standard in a criminal case is different than the standard in a civil case,” Holmes said. “In our [criminal] case, there was some evidence that came up later that we did not think existed and we had to take another look.”

On May 18, 2012 — the night of the alleged crime — the accuser was wearing a blouse that was later submitted as evidence. The blouse had a 6-inch tear in it, and the accuser claimed that the tear had been made during the alleged sexual assault.

“Upon examination by an expert in the field of microfiber analysis, it was revealed that the blouse could not have been torn either at the time or in the manner alleged by [the accuser],” according to the civil suit filed by Palo. 

After this discovery was made, the Story County Attorney’s Office dismissed all criminal charges against Palo.

The petition filed by Palo also claims that “based on information and belief” the blouse had been in the sole possession of the accuser and her mother until being submitted to law enforcement as evidence Dec. 2, 2012.

“Based on information and belief, the blouse was torn by [the accuser] or [her mother], for the purpose of fabricating evidence in the criminal case against Palo,” according to the petition. 

This contention is part of the basis for Palo’s civil action. 

According to the court documents, Palo is seeking “an amount of just, reasonable and adequate compensation for the injuries and damages he has sustained, together with interest as by law allowed, punitive damages and the costs of this action.”

Palo is seeking this restitution based on what the suit claims were untrue and defamatory statements made against Palo, which were then “published to third parties.”

The suit said that the statements were made with the intent of destroying Palo’s reputation while subjecting him to ridicule and public hatred, which “injured Palo in the maintenance of his occupation.”

Because of the nature and intention of the statements made, the civil suit presumes malice and general damages. 

Finally, according to the court documents, “the actions of Defendants were willful, wanton, unlawful and in gross disregard for Palo’s rights, justifying an award of punitive damages.” 

While Palo has been cleared of all criminal charges, the question as to whether Palo violated the ISU Office of Judicial Affairs’ Student Code of Conduct still remains. 

It was the questions about the Student Code of Conduct that kept Palo off the court even after the criminal charges were dismissed. 

Palo was granted a stay by a judge while the matter was considered and because of that, he was able to rejoin the team for its final 17 games, but never stepped onto the basketball court again. 

According to the court documents, “Palo’s Petition for Judicial Review is currently pending before the Story County District Court.”

Palo and his attorney, Matthew Boles, could not be immediately reached for comment.