DENVER (CBS4)– Testimony continued Wednesday in the trial of a woman who has accused a former Denver Broncos player of rape. One of the players who was there that night had some revealing statements when he took the stand.
The trial of former cornerback Perrish Cox began late Tuesday afternoon. Day two of the trial continued Wednesday morning. His accuser resumed her testimony on the stand. She was the first witness to take the stand. At times during her testimony Tuesday, she became very emotional and even broke down and cried when she described the moment she realized she was pregnant.
Wednesday, the defense conducted their cross-examination of the accuser. During the questioning the woman admitted to being an accomplished drinker, usually consuming 8-10 drinks a night when she goes out.
She also said she didn’t remember leaving the downtown club where she was hanging out with her friend, who was dating Cox at the time, and Denver Broncos wide receiver Demaryius Thomas.
The woman said she did remember getting into a car with the others and going back to his apartment. Her last memory in the apartment was kissing Thomas.
The next morning the woman thought something wasn’t right.
She testified, “I was suspicious I had done something but I wasn’t suspicious of foul play.”
She also said she wouldn’t have considered it rape if the person she thought she had sex with — Thomas– had admitted it to her.
Until DNA tests confirmed Cox was the father in her pregnancy, she had believed the person who may have been with her was Thomas.
Thomas also testified in court Wednesday morning. He said that he saw Cox carry the woman to his bedroom. Thomas then said Cox later came out of the bedroom and told him, “I think she’s ready.”
The defense asked for a mistrial because they had never used that term before in previous interviews. After considering the motion, the judge decided to let the trial continue. Testimony was halted for lunch.
Testimony continued after the break when Thomas replied to Cox’s comment, which was meant for him, by saying, “Under her condition, I’m not going to mess with her.”
Thomas said he and Cox then watched TV on the couch for the next hour before he left.
The accuser came forward in October 2010 after she learned she was pregnant. She said she didn’t file a complaint sooner because she wasn’t sure she had been raped and didn’t want to make unfounded charges.
Police arrested Cox after investigators said Cox’s DNA matched a sample taken from the accuser. The affidavit said the woman was shocked when test results indicated Cox was the father.
On Tuesday, the woman testified that on the night of the alleged assault her memory was very spotty. She remembers having a total of four drinks. She also remembers getting into Cox’s car and leaving a downtown Denver club with Cox, Thomas, and her friend, who was reportedly dating Cox at the time.
She testified that once they got to Cox’s home in Lone Tree she remembers kissing Thomas. After that she said she only remembers waking up and feeling like something had happened.
She testified that she thought it was odd that when Cox and special teams player Cassius Vaughn, who was his roommate at the time, came back from practice the next day and urged the girls to take a shower.
She also testified that she thought it was odd that a few days later Thomas texted her asking her what she remembered from that night. That is when her suspicions were elevated. She reached out to Cox, Thomas and Vaughn, asking them if she had sex with them. All three denied it.
In the defense’s opening arguments they said there is no doubt that Cox denied having sex with the woman. They also stated that there is no doubt there is DNA evidence in the case. But Cox’s attorney, Harvey A. Steinberg, said there are way too many unknowns in the case and DNA is not the whole picture.
A witness list remains sealed and prosecutors as well as Steinberg have declined to comment on whether Vaughn and Thomas would testify.
If convicted, Cox faces two years to life in prison. He has remained free on $50,000 bail.