"They say there are two sides to every story. In this case, there are more than just two sides to these stories you will here. There are multiple sides to the stories you will hear from these 4-5 women, multiple sides coming from their own mouths. The evidence will show that D was a world class salsa dancer. D was a choreographer on So You Think You Can Dance. D was involved in several salsa scenes which are popular in most major cities. There will be a few salsa clubs to keep in mind as they will come up in this case: Edge, Millennium, Stephen’s Steakhouse. D won Salsa Congress Awards. D is handsome, charismatic, girls liked him, D liked sex, women came onto him. [Patrick reminds jury of their discussion in voir dire to keep an open-mind about other sex lifestyles.]
PD: 2002 met D at Edge Club. PD was smitten by D. PD was interested in him. You will hear all of this from PD, not anyone else. D made moves and respected her “No.” PD testifies the rape occurred next day after D respected this no. PD has testified:
- D leaves her in his house alone after rape. D goes to an audition for 2-3 hours during which she waits. She says she stood there or watched a movie. Is this behavior of someone who has just been raped?
- PD didn’t see Alex for a couple weeks after this.
- PD goes back to studio. She said, “I went back to the studio to see if he wanted to go out with me and date me.” Is this a normal way to approach one’s rapist?
- D and PD go out.
D was sleeping with a lot of women from 2002-2004.
PM: 2004 came from Hawaii. You will hear two sides to her story, not from anyone else but from her. PM testify:
- Met D at Mayan Club
- They were kissing and flirting.
- D asks her out on a date not a dance lesson.
- Sunday morning D texts PM before she wakes up. She comes at 1:30PM next day. From 3-5 they go to his Millennium class.
- Flirting going on back to house from class
- Came back to house as Stephen’s Steakhouse doesn’t start until 10PM (5 hours to kill)
- Stopped at Odyssey video store. D picks out three movies.
PM has made several statements in preliminary hearings and to police officers from 2004.
- Reported to Oxnard PD and referred to Van Nuys PD
- Goes to SART Nurse at Northridge Hospital
- Testifies one year later at preliminary hearing
- Testifies again April 2011
Her statement changes from consensual sex to D forced himself on her to all out rape.
She also changed story regarding choice of DVDs from Odyssey.
- D picked out 3 videos.
- Then says, PM picked out one.
D picked out two films: “black comedy” and The Singing Detective. PM picks the film “Sex and Lucia”. “Sex and Lucia” is a Spanish foreign language film heavy with sex.
They went to the 99 cent stores, got groceries and after putting them away went down to watch DVDs. PM took her shoes off and got in bed with D. Her story, in transcripts, conflicts:
- PM says D grabbed her and pulled her down to rape her
- PM also has said, “actually I was lying on the bed”
- PM also changes length of how long the movie was watched
PM again has given different accounts of the issue of showering.
- D took shower then PM shower.
- PM took shower separately.
- D pushed PM into shower.
- PM was in the shower and D made sure water was pouring.
Before D showered and after the supposed rape, PM asked D (in her own testimony), “Are you even going to take me dancing?” Then PM takes shower. While D in shower, PM goes to another bathroom and doesn’t leave despite having the opportunity to make a fast getaway to where her car is parked. In her testimony you will hear the language of consensual sex. The condom broke and sperm spilled out. You will hear the words “Oops”. This is language of consensual sex. D falls asleep, PM leaves.
FM: 2005 had consensual sex with D 3-5 times. She was upset with D for forgetting her birthday. FM claims D was not treating her well. Has testified a few different stories:
- She went to a club and saw D touching another’s woman’s rear-end.
- Went to the club and D was not there.
FM talked about his being with other women. FM says it’s over and D rapes her. Next day after the rape, FM goes to the Conga Room. A friend tells her D is sleeping with other women. FM goes over to D’s house not to say, “You raped me.” but “You’re cheating on me.” FM screams at the front of his house door, “I know you’re in there with another woman.” FM was angry because D was cheating on her.
JT: March 28, 2009 (rape and finger charge). JT will testify like FM was going out with D. JT had two prior sexual encounters with D. She met him. JT had sex twice. They had sex a third time but JT will not admit this. She will be a difficult witness. JT says she didn’t want to be a booty call, but that’s what D was to her. She went over to talk about breaking up. JT goes to LAPD next day.
You will hear testimony from Burbank Police Officer Tim Bohack. There are four counts of rape. Two of the girls have a second count each: fingering.
PM told story to PD initially of forceful sex but zero penetration. Very clear in her initial statement. Again, during her SART examination with nurse at Northridge, PM says “No penetration, no rape.” The Oxnard PD refer PM to Van Nuys PD where Detective Derr (special investigator) is interested in getting D. Detective Derr asks PM in the interview, “Are you sure there wasn’t even the slightest?” After she told the Police Officer and RN there was “no rape.” And you will hear PM’s voice on the recording saying, “Well…yeah…” Detective Derr/PM (?) will say anything to get D.
SL (witness): from AZ in March 2009 was consensual sex.
In the proceedings, never hear testimony relating to alcohol or drugs. Sometimes the accusers had a drink. D never had. All incidents involve clear-headed, sober individuals.
We are here not to decide why but whether."