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High-profile high school rape case splits Ohio community

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    Two teenage football players on trial

  • Duration 5:42
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All right we are getting some new details about the cell phone evidence in that controversial trial surrounding too high school football players.

Prosecutors accuse the -- -- -- being an intoxicated sixteen year old girl after a party mrs.

Ohio but.

The defense said whatever happened that night.

Was consensual the case -- drawn international attention amid criticism of just how police handled the case and all of the perceived power of that town's football team but also.

Because photographs of -- -- spread on the Internet big time.

This trial taking place in juvenile court those who were being very very careful about who and what we show the accuser of the defendants are minors so are many of the witnesses there is a camera.

In the courtroom but during certain testimony judges have to show this.

Graphic to protecting our identity of those who were.

On the witness stand it -- witness has chosen not to be reported many of the -- -- in the case incredibly disturbing including cell phone videotape of other students mocking.

The victim after she'd apparently passed out.

I -- is live outside the courthouse in student bill Ohio just west of Pittsburgh Mike.

What's the testimony covered so far today.

So by the testimony Greg has established at the victim had been drinking quite a bit a half a bottle of vodka mixed with -- -- that she had been sick that she was stumbling around her friend testified that she never seen this girl that drunken despite one of the now infamous photos.

-- -- victim being carried around by the two defendants there has not been testimony yet that she was passed out or unconscious they're also has not been a testimony to this point of any sexual contact between the defendants.

And the victim in this case -- the defense says the entire rape allegation will ultimately hang on testimony and all that testimony is gonna come from teenagers who were drunk at the time.

Greg there's also as I understand it a child pornography.

Charge involved here mine.

-- one of the defendants -- -- faces a single count of use of a minor and nudity oriented material that speaks to the cell phone cameras.

-- police have been on the witness stand talking about gathering up the cell phones -- -- experts talking about the kind of footprint that is left behind when you send a digital picture.

And that all speaks to the notion that this poor girl -- -- inebriated at the.

Took a picture at the time direct line in Ohio Mike thanks very much.

Let's take this -- -- legal panel criminal defense attorney Heather Hanson and attorney John still the world look what happened here is -- -- conduct by everybody is reprehensible.

But is it a crime Heather.

I would say that the defense has a long road to hoe but there are defenses here.

What that -- prosecution has to prove is that they knew or should have known the -- not that -- she was substantially impair right.

There's a defense to say that they did not know if she would you remember anything so she can't say one way or another entry she can't say -- when my Internet and it's gonna take the witness stand -- look she consented.

Well that's part of that that is certainly part of the defense they're certainly gonna say that she contended there also gonna say that she was not his drunk it's too drunk to consent.

Over the course of the night as she drank more and more there's going to be question number at what point pushing too drunk you know John it.

Here's the problem everybody's -- the alleged victim.

Can't remember anything -- so drug.

And there's no physical evidence here now in this case I think of pictures worth a thousand words she's not posing for the camera when she's.

She looks unconscious in the picture that we've seen a numerous -- you know but because she does now we also know that we have witnesses -- to say how much she drank -- to have witnesses -- that are gonna claim that he was showing signs of intoxication slurring her words she couldn't stand -- there's a photograph of her -- half dressed he had -- it all over her -- I mean it all sides that this girl -- not in her right editor contradictory witnesses are totally different story then darted -- -- testimony that that picture was staged and that after the picture she actually got stood back up and walked a little bit further in the walked out of the place.

In addition -- it's going to be testimony I anticipate that says that she gave someone a password to unlock her phone after both alleged.

Incidents of sexual misconduct happened.

So there's going to be testimony that she was.

Not substantially impaired and she was able to give consent and all right here's a problem for the prosecution not everybody saw everything and most every one.

Was -- come on.

Read beyond a reasonable doubt you can't go past that.

But what it well it's it's juvenile court number one so they're not appealing to a jury they're appealing to a judge trying to look just to change standard of proof isn't really approve same burden of -- But what kind of message are we send -- looked.

I'm mad at this victim I don't blame her I am mad at her because she did not take responsibility for our own actions she didn't have to drink half bottle -- -- -- if if a male -- said that he did he'd be accused of being sex right now and that's and that's not my pet my tennis girls.

Take responsibility they'll put yourself -- that they blame the victim routine which is what defense attorneys try to do -- -- -- -- I don't think that that's what they're gonna do here they're going to say that these two young men.

Did not know that she was so impaired that she could not -- should the defense called -- the witness stand the alleged victim.

-- that that's it's hot hand yep that's why -- ask the question.

I would do not -- -- that I could backfire although it's in front of the judge.

So you wouldn't conjure up the entity of a jury.

I am right now looks like they do plan to do it -- this whole issue of getting those witness is from West Virginia into the courtroom so she's -- -- she doesn't remember anything it's just.

You can't get -- can we all agree can't get a conviction here cannot.

Probably not but we -- -- get a letter that I think that the defense has it has a strong argument okay thanks so much John spilled or -- -- thank you.

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