CASTLE ROCK, COLO. (AP) - Prosecutors are wrapping up their case in the sexual assault trial of former Denver Broncos cornerback Perrish Cox, who is expected to say Thursday whether he will testify in his own defense.
Cox is being tried on one count of sexual assault while the victim was physically helpless and one count of sexual assault while the victim was incapable of determining the nature of the conduct. He faces two years to life in prison if convicted.
Prosecutors Chris Gallo and Bob Chappell present a case that’s straightforward: Cox denies having sex with the woman, who can’t recall having sex that night but became pregnant and Cox’s DNA matched the fetus.
Cox’s attorney, Harvey Steinberg has sought to paint a picture of drunkenness over Labor Day weekend 2010 and failed sexual relations between Broncos wide receiver Demaryius Thomas and the woman, and possible sexual relations between the woman and Carthy Che, a woman Cox was dating at the time.
Both Thomas and the woman testified that they kissed during a car ride to Cox’s apartment from a nightclub and then kissed again while on an air mattress in Cox’s living room. The woman testified she doesn’t remember much after kissing Thomas and that she suspected that she had been drugged, possibly at the nightclub, after she woke up feeling sick later that day.
“It wouldn’t have been fine but I wouldn’t have seen it as rape if he admitted it,” she said, referring to Thomas.
She said she went to a hospital the next day, but left before police could arrive and collect evidence because she didn’t want to falsely accuse anybody when she wasn’t sure something happened. She contacted police on Oct. 28, 2010, after learning she was pregnant.
District Judge Paul King declined to declare a mistrial after Steinberg objected to Thomas‘ testimony during which he said Cox told him, “she’s ready” after carrying the woman to his bed. Steinberg had argued that Thomas’s statement was worded differently from a previous statement.
Under questioning by Steinberg, Thomas said he sent the woman a text around noon to ask if she remembered what happened earlier, which the woman told police she found suspicious. Thomas said he sent the text after Cassius Vaughn, Cox’s roommate who was asleep in the apartment during the alleged assault, told him at the Broncos‘ facility that Che and the accuser “had a girl on girl action.”
A witness list of those who are expected to testify in Castle Rock, 30 miles south of Denver, remains sealed although King told potential jurors two other Broncos _ linebacker Wesley Woodyard, and Vaughn _ could be also be called.
Thomas caught an 80-yard touchdown to beat the Pittsburgh Steelers in a first-round playoff game in January.
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