Television programs and movies can make court cases seem dramatic and unpredictable. But in reality, the only people who might commonly be surprised in the process of a trial is a jury. The prosecution and defense are generally prepared for the evidence that is to come. They share evidence in preparation for the trial in order to give each side a fair chance at evaluating evidence from both sides.
This point specifically relates to the sexual assault trial involving Denver Broncos player Perrish Cox. We have written about the case against him before, the last time being in August. Then, the most recent news was that the alleged sex assault victim accused Cox of rape because she had gotten pregnant and proved that Cox was the biological father. She didn’t remember having sex with him.
Cox faces charges of sexual assault while the victim was physically helpless and sexual assault while the victim was incapable of determining the nature of the conduct. The criminal trial is in process, and this week both the defense and prosecution were surprised to hear a specific statement from one witness, a fellow Bronco who was at the apartment on the night of the alleged sex assault.
The witness was testifying for the prosecution and reportedly told the court that he heard Cox say a pretty incriminating statement on the night of the alleged rape. He claims Cox said, “I think she’s ready,” before he carried her into his bed while she was incapacitated. The prosecution claims that they had never heard of this alleged detail in preparation for trial.
That point is important for them to clarify because the defense was upset that they hadn’t been informed of this part of the testimony. If the court had reason to believe that the prosecution had held important information from the defense, a mistrial could have been declared, which is what the defense requested but was ultimately denied.
The trial will continue, with the defense intending to argue that intoxication on the night in question blurred both parties’ memories of what happened and their judgment. We will post an update as this case goes further.
KMGH Denver: “Cox Said ‘I Think She’s Ready,’ Player Testifies,” Deb Stanley, Feb. 29, 2012