Day 3: Steubenville teen rape trial updates

The following were updates NEWS9 posted throughout the testimonies to our Facebook page Fans of WTOV-TV, our twitter accounts, and what could be heard on our live feed in the courtroom on WTOV9.com, in order of last to first witness:

Day Three complete. Trial resumes tomorrow at 830am. We will be there with live coverage all day long. As soon as Eric and Natalie get down from the courtroom we will update...

Current witness mentioned video of the alleged victim being urinated on, no such video was ever discovered. Detective says some witnesses indicated seeing it, could not produce it.

Detective says some of the alleged victims jewelry, clothing are still missing.

Detective testified that the alleged victim's clothing was collected 3-4 weeks after the incident. They had been washed. We heard similar testimony from BCI agent yesterday.

Detective testified that one of the defendant's phones is still missing. And the alleged victim's phone is also missing.

Detective testified that the alleged victim only remembered leaving the first party, throwing up in the street and waking up naked at the third house.

Steubenville detective testified that he interviewed 25 to 28 people within first 1 1/2 month after assaulted was reported. He said he had to fill-in the blanks much like "Jane Doe" had to do.

The current witness says the alleged victim's mother turned over a CD, a flash drive and pages of tweets to the Steubenville police department when filing the report about the assault.

The next witness is a former detective with the Steubenville Police Department and a current DCI agent. When the case started he was working for Steubenville PD and during the case transferred to BCI.

The teen who took the stand after the BCI agents was identified as the girl who spent the night at the third house with the teen who lives at the third house.

Another teen took the stand after the BCI agents. She finished testifying around 8 PM.

Although the BCI tester found a single sperm cell on the alleged victim's shorts, they could not recover any DNA.

BCI tester testified that she was suprised to find a single sperm cell on the interior crotch of alleged victim's shorts even though they had been washed.

BCI agents are testifying about DNA evidence collected from the third house.

Since the teen testified there have been three BCI agents that took the stand.

Eric says one of the defendants tapped his foot constantly during testimony today.

Court officials tell Eric the testimony is expected to start Saturday at 8 AM.

Witness #3:

Testimony from teen wrapped up around 6 PM.

The third witness testified that he asked one of the defendants if he roofied the alleged victim. He said the defendants response was no.

Third witness testified that he texted one of the defendants asking if he would date the alleged victim. He said the defendant replied in text no using more colorful language that we can't repeat.

The third witness testified that when a friend of the alleged victim contacted him asking what happened that night, he texted, "not moving, not talking, not participating."

The third witness said another witness who already testified showed him a video of the alleged assault during the car ride from the second house to the third house.

The third witness was also granted immunity from the judge.

The third witness to take the stand on the third day of the Steubenville teen rape trial is the last teen who testified in a probable cause hearing in October.

2:12 p.m.

From Eric Minor: Testimony of 1st 2 witnesses so far not markedly different from that given in Oct. prob cause hearing.

From Natalie Herbick: The 2 teenage witnesses who took the stand today are the same ones who testified during the probable cause hearing. Not much at all  changed in their testimony this time around. You can find a good bit if their probable cause testimony on our website  www.wtov9.com . I posted all of that after the probable cause hearing.

2:10 p.m.

Up next, defense will call an expert witness. We assume this is bc def witness has other commitment and trial is running behind.

Witness #2:

Witness 2, producer of "dead girl" video, finishes testimony. Recess til 3:30pm.

The second witness identified as filming the well-known video where a teen mocks the condition of the alleged victim said the video caused him grief and threatened his future.

The second witness testified that after he witnessed the assault at the third house and while it was still going on, he said, "I'll see you Monday at football," and left to go back to the second house.

The second witness testified that once other teens started talking about what was happening at the third house, he chose not to tell anyone what he had witnessed at the time. He said he was embarrassed by what he had seen.

The second witness testified that he witnessed the rape of the alleged victim at the third house. He said he didn't stop it because he didn't know digital penetration was rape.

The second witness testified that he was the one who videotaped the well-known video clip in which a teen is seen mocking the condition of the alleged victim.

The second witness testified that he knew both of the defendants and testifying today was going to be top.

 The second witness called on day three of the trial took the stand around 12:20 PM.

Sources with our news partner Dave Blomquist report that Steubenville high school's football coach will testify at this trial. Reports are sketchy at this point on exactly when that could happen.

(Recess)

Court went into recess around 11:15 after the first witness finished testifying.
Court is expected to come out of recess around 11:30. We anticipate that the second witness will soon be called to the stand.

Witness #1:

The first witness testified that it was difficult to remember particular things about that night since he didn't find much of it significant until he heard something serious happened.

The first witness is still on the stand. Now he's being questioned by the defense team for the other defendant.

The first witness testified during cross-examination that teen boys often lie about sexual exploits. He said it was not shocking to learn that someone may say they did something that they didn't do.

The first witness testified that he did not know the alleged victim prior to that night, but he followed her on her social media accounts.

The first witness is still on the stand. Now he's being questioned by the defense team for the other defendant.

The first witness testified that the next day, nobody behaved in a way that made him think something bad happened.

The first witness testified during cross-examination that teen boys often lie about sexual exploits. He said it was not shocking to learn that someone may say they did something that they didn't do.A text from one of the defendants to a friend said, "If (Jane Doe's dad) asks, she was real drunk. We took care of her."

The first witness testified that he deleted the video he shot in the car on his cellphone because it was "stupid, wrong."

The first witness testified that at the time, he did not think what happened was considered rape.

The first witness testified during cross-examination that teepn boys often lie about sexual exploits.

Thus teen testified to seeing one of the defendants touching the girl in a sexual way but not the other defendant. Court went into recess around 11:15 after the first witness finished testifying. First teen who testified during pre trial was granted immunity after pleading the 5th.

Defense attorney Nemann said the topic of immunity came up for the first time late Thursday night.

First witness is still on the stand. He's now being cross examined by one of the defense attorneys. First witness testified that the boys did not have a plan when they went out that night. They had just heard about a party and went.

The first witness testified that he is close with both and would rather not be testifying in court.

First witness is a 17-year-old who knew both defendants. All of them were athletes. The first witness testified that he is close with both and would rather not be testifying in court.

The first witness to testify on Day 3 plead the fifth when asked the first question, how old he was. To get him to testify, the judge granted him immunity.

Judge grants first teen witness from probable cause hearing immunity. Will NOT be prosecuted. Compelled to testify. Doing so now. We have obtained a court document that leads us to believe all three witnesses from October (not the defendants) will get similar deal.

"The same limitations and protections provided to adults in the Common Pleas courts should not be extended."-defense argument about immunity

All three witnesses in the defense's motion requesting the court deny immunity testified during the probable cause hearing.

 Attorneys for one of the defendants filed a motion requesting that immunity be denied to 3 of the state's witnesses.

Start of Day 3 (3/15/13):

The judge just entered the court room. The first witness has been called. It is a teen who lived at the third house.

One of the defendants just entered the court room. Now the other defendant entered the court room. Both are sitting side-by-side as they have been through the entire trial.

Day three of the Steubenville teen rape trial is starting with a delay. Proceedings were expected to start at 9. We'll let you know when the trial is underway.