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Wednesday, June 19, 2013 | 5:25 a.m.

Updated: 3:21 p.m. Saturday, March 16, 2013 | Posted: 11:30 a.m. Saturday, March 16, 2013

Ex-best friend of alleged rape victim, psychologist testifies on defense's behalf

Steubenville teen rape trial
Steubenville teen rape trial

By NEWS9

STEUBENVILLE, Ohio —

As the trial of two teens charged with raping another teen entered its fourth day, the first witness called to testify on Saturday was identified as the ex-best friend of the alleged victim.

The witness testified on behalf of the defense. She said in court that she was having a difficult time remembering what she told police the night of her interview with police. The West Virginia teen then listened to a 40-minute interview she gave to Steubenville police in August to "refresh her memory" at the request of one of the defendant's attorneys.

After the witness listened to the recording, presiding Judge Thomas Lipps told the witness that what was important is if she remembered what happened the night of the alleged incident and not necessarily what she told police. In essence, he asked if listening to the recording helped her remember the alleged incident, not the interview.

The witness answered the judge by saying that listening to the interview did not help her remember the alleged incident.

The witness testified about drinking vodka in slushies with Jane Doe at the first house in the timeline of events. The defendants, Jane Doe and other teens were at several houses during the night in question.

The basis of her testimony was that Jane Doe voluntarily left the first house with one of the defendants, and that was the last time the witness saw her until the following morning. In the morning, the witness said she saw Jane Doe and a defendant lying on a couch together and nothing seemed out of the ordinary. The teens searched for Jane Doe's phone, which they could not find and is still unaccounted for today.

The witness said she, Jane Doe, both defendants and another teen eft the house and got into a vehicle. After the two defendants were dropped off and it was just the three girls in the car, the witness said she confronted Jane Doe about accounts she saw on social media. She said Jane Doe said, "I swear we didn't have sex. I don't remember what happened."

There was much debate about the words "reputation" and "history," then under a brief cross exam by prosecutors, the witness said Jane Doe was very drunk and when she is very drunk she is very difficult to wake up.

The prosecution maintains Jane Doe was too impaired to consent.

The girl said she is no longer friends with Jane Doe after the alleged incident. She testified she was upset with Jane Doe's action the night before "because of what she heard had happened."

The girl was one of those who were initially blocked from testifying by a West Virginia judge.(PREVIOUS STORY: W.Va. judge rules teens will be compelled to testify in Ohio rape case)


Later, a defense expert witness used an formula based on anecdotal reports by witnesses taking into factor Jane Doe's body weight and her behavior to determine her blood alcohol level.

The defense's witness -- a psychologist and professor who conducts research specifically on the effects of alcohol --  said there are differences between intoxication leading to a “black out” or being “passed out.” It is possible that Jane Doe could have consented and not remembered it.

Under the state’s cross exam, the expert confirmed that Jane Doe could have been sexually assaulted and not remembered it.

The defense witness said that just because a person is stumbling, slurring or talking loudly does not necessarily mean they’re incapable of making a decision or remembering what happened to them.

The state is expected to call its own expert witness testifying on the effects of alcohol on levels of impairment and the ability to make decisions.

The judge is allowing the defense to call two, possibly three, witnesses to testify out of order, then the state will resume its case.


Less information will trickle down today since officials are now treating the media room much like the courtroom. Members of the media are not allowed to leave until the court goes into recess. Eric Minor is inside the media room and Kate Davison is outside of the Jefferson County Justice Center working to provide the latest information.


Internet livestreams of the courtroom are allowed again, as of around 7 p.m. Saturday.

We will have live updates each hour during the trial and these updates are posted on our NEWS9 SPECIAL SECTION: Steubenville teen rape case.


 

The two teen defendants are charged with raping the 16-year-old girl on Aug. 11, 2012. One of the teens is also charged with transmitting sexually oriented pictures of a minor.

Both defendants are student-athletes at Steubenville High School and both have pleaded not guilty.

The charges stem from a police report that was filed in Steubenville at 1:40 a.m. Aug. 14. The report states that people came to the police station "in regards to a sexual assault involving their juvenile daughter." Information was taken for a report and the subjects were referred to the Juvenile Division, the police report stated.

Lipps, a retired judge from Hamilton County, is presiding over the non-jury trial. Jefferson County Judge Samuel Kerr recused himself in late August. The Ohio Attorney General's Office took over prosecuting the case in late August after Jefferson County Prosecutor Jane Hanlin also stepped aside.

Stay with NEWS9 and WTOV9.com for continuing coverage as details become available.

 


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