The alleged victim testified that she didn’t think she was drunk because she said she could have between 10 and 15 drinks without blacking out.
Che also testified but rambled at times and couldn’t recall whether she spoke to an investigator who was sitting in the courtroom. In a question sent through Douglas County District Judge Paul King, jurors asked whether she was under the influence of drugs or alcohol.
“No,” she answered.
Thomas said the woman and Che appeared fine and were able to walk up the stairs to the apartment.
Thomas sent the woman a text message around noon that day to ask if she remembered what happened earlier, which the woman told police she found suspicious. Thomas said he sent the text after Vaughn told him at practice that Che and the accuser had “girl-on-girl action.”
“I asked if she hooked up with Che,” Thomas testified. He said he stopped texting her after she didn’t respond to about five messages.
Cox has pleaded not guilty to 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.
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 that Vaughn and Broncos linebacker Wesley Woodyard could be called.
Thomas caught an 80-yard touchdown to beat the Pittsburgh Steelers in a first-round playoff game in January.