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“He can’t escape it. He can’t escape the science,” Gallo said. “Whether her judgment should have been better, it is what it is.”

But defense attorney Harvey Steinberg, during the cross-examination of witnesses, tried to paint a picture of drunkenness, and of the women being able to interact with people without remembering. The alleged victim said she thought she had been drugged, but prosecutors said they didn’t have to prove that.

Steinberg slammed the prosecutors during closing arguments for failing to call Vaughn, the only other person at the apartment around the time of the assault, to the witness stand. Vaughn told Thomas that there was some “girl on girl action” between the woman and Che. Thomas testified that a text sent the alleged victim asking whether she remembered what happened the night before, which the alleged victim told police was suspicious, was about what Vaughn had told him.

“Did Mr. Cox watch? Did he participate? What really happened? What did Mr. Vaughn see?” Steinberg asked the jury. “Where is he (Vaughn)?”

“Let’s just call this what it is. These were a couple of party girls,” Steinberg said in his closing argument. “What did (the alleged victim) herself do?”

In a rebuttal, prosecutor Bob Chappell told the jury: “You just heard why, the reason women are reluctant to report rape.”

Thomas caught an 80-yard touchdown pass in overtime to beat the Pittsburgh Steelers in a first-round playoff game in January.

Cox was cut in September by the team, which cited his performance in training camp, not the pending charges as the reason.