DENVER (CBS4) – CBS4 has obtained recordings made after former Denver Broncos cornerback Perrish Cox was arrested for investigation of sexual assault.
A jury found Cox not guilty, but the female who says she’s the victim in the case now is suing Cox and current Broncos wide receiver Demaryius Thomas, claiming they conspired to drug and sexually assault her. The woman had a baby that police say has Cox’s DNA.
The audio and video recordings obtained by 4 On Your Side Investigator Rick Sallinger are expected to be evidence in the civil case.
When Cox’s trial ended with a not guilty verdict in March CBS4 filed a motion with the court. Eventually Sallinger received the tapes played for the jury. He also received one that was never played in court because the prosecution didn’t turn it over to the defense on time. It could be used in the now-pending civil case.
It was Sept. 5, 2010, when Cox and Thomas were at a Denver nightclub where they met two women. They went back to an apartment Cox shared with another Broncos player. There, one of the women claims in the lawsuit she was sexually assaulted by Cox and Thomas while she was incapacitated.
Police arranged for the woman to call Cox and inform him she was pregnant and didn’t know who the father was. A transcript of a portion of that phone conversation lies below:
“I mean what would you do, depending on whose it is, what would you do?” the woman asked.
“If you didn’t know, have an abortion. Why would you keep it?” Cox said.
The lawsuit claims Thomas texted the woman, also urging her to have an abortion. The text read “Have told u..I don’t need kids.” But he also claimed he didn’t touch her that night.
DNA tests performed by the Colorado Bureau of Investigation determined Cox was the likely father. Despite the results, Cox maintained his innocence to police.
The following are some of the conversations between Cox and police while he was being interrogated after his arrest.
“Are you alright?” an officer asks.
“Yes sir,” Cox says, sitting up from the lying position he had been in.
“Saw you laying there, wanted to make sure you’re alright, all good.”
The detective entered the holding cell informing Cox DNA tests had identified him as the likely father of an unborn child.
“I didn’t touch… the only way it could be, that my stuff could be is if she did something with me …” Cox said.
“How could that be? You were drunk, didn’t have any drugs on board, you told me that.”
“That’s what I’m saying. I was passed out. I don’t know.”
“You were sleeping?”
“Yeah I was.”
“You weren’t passed out. How in the hell can you get aroused when you are sleeping?”
“And you had sex with her …” says an interrogator, and at which point Cox raises his hands and shakes his head. “You’re saying emphatically not.”
“I swear to you, I didn’t touch this girl,” Cox says.
“We have got it recorded,” the officer says.
“That’s cool. I didn’t touch her at all,” Cox says.
“We’ve got everybody’s DNA and you are the only hit and you are, I’m going to tell this, one in a billion or better — it’s one in a billion — it’s your baby,” an officer said.
“That’s —— up man,” Cox said.
At the criminal trial Cox’s lawyer Harvey Steinberg maintained the women were so drunk what happened that night was not clear beyond a reasonable doubt. The jury apparently agreed.
Dan Calisher, the attorney for Demaryius Thomas, sent CBS4 a statement:
“Let’s call this frivolous lawsuit what it is: a shameful attempt to shakedown our client, Demaryius Thomas, who did absolutely nothing wrong.”
Steinberg declined to comment on the recordings, and that was also the case for the lawyer of the woman who has filed the lawsuit against Cox and Thomas.
Cox signed a two-year contract with the San Francisco 49ers in March after he was acquitted. The Broncos cut Cox before the start of the regular season in 2011.