Session July 12, 2016
from the Criminal Court for Shelby County No. 1502464 James
C. Beasley, Jr., Judge
Defendant, Prentis Lee, appeals his convictions for two
counts of rape and his resulting ten-year sentence. On
appeal, the Defendant contends that (1) the trial court erred
in denying his motion to suppress his statement to police
officers; (2) the failure to preserve a record of the
preliminary hearing mandated dismissal of the charges or a
new preliminary hearing; (3) the evidence was insufficient to
support the convictions; (4) the trial court erred in
limiting defense counsel's cross-examination of various
witnesses; (5) the trial court erred in admitting victim
impact evidence; (6) the trial court erred in allowing the
State to present rebuttal witnesses who remained in the
courtroom during the trial; (7) the trial court erred in
failing to instruct the jury on assault as a lesser-included
offense of rape; (8) his sentence is excessive; and (9) the
cumulative effect of the errors requires a new trial. Based
upon our review of the record, the parties' briefs, and
the applicable law, we affirm the judgments of the trial
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Stephen C. Bush, District Public Defender; Barry W. Kuhn (on
appeal), Katherine Oberembt and Trent Hall (at trial),
Assistant Public Defenders, for the appellant, Prentis Lee.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Stacy McEndree,
Assistant District Attorney General, for the appellee, State
Everett Williams, J., delivered the opinion of the court, in
which Alan E. Glenn and Robert W. Wedemeyer, JJ., joined.
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL HISTORY
evidence presented at trial established that the victim, the
girlfriend of the Defendant's cousin, became intoxicated
at a party, fell asleep at the Defendant's home, and
awoke to the Defendant raping her. The Defendant was
originally indicted on one count of rape through the use of
force or coercion. See T.C.A. §
39-13-503(a)(1). Shortly before trial, the grand jury issued
a superseding indictment, charging the Defendant with one
count of forcible rape, one count of rape accomplished
without consent, and one count of rape of a mentally
defective, mentally incapacitated, or physically helpless
victim. See T.C.A. § 39-13-503(a)(1)-(3). On
the day of the trial, both parties agreed to proceed under
the superseding indictment.
victim testified that she was twenty-six years old at the
time of trial and that she had been dating Mr. Larry McGowan,
whose nickname was "Dump, " continuously since the
age of seventeen. In April 2010, the victim and Mr. McGowan
stayed at the Defendant's home for a few days. On April
10, 2010, the victim and Mr. McGowan attended two parties
with the Defendant. Mr. Nicholas Lee, who is the
Defendant's brother, and the victim's sister also
attended the parties. The victim said she did not drink
alcohol often and became intoxicated at the first party after
drinking two cups of beer. The victim began to vomit while at
the second party, and the group decided to leave. The victim
stated that upon returning to the Defendant's home, she
continued to feel intoxicated and nauseated. Mr. McGowan ran
a shower for her and made a pallet on the living room floor
where she lay down and fell asleep. The victim was wearing a
shirt with a towel wrapped around her waist and was covered
with a sheet. The Defendant, Mr. McGowan, and the
victim's sister were still awake. The victim did not know
where Mr. Lee was.
victim described herself as a heavy sleeper who was difficult
to awaken. She testified that at some point, she awoke to a
man on top of her and "pounding" her. She later
clarified that the man was having sexual intercourse with
her. The room was dark, and the victim was unable to see the
man's face. The victim yelled Mr. McGowan's name, but
the man did not respond. The victim reached out and touched
the man's navel and described it as "bushy."
She said Mr. McGowan did not have a "bushy" navel.
She then touched the man's face and felt thick facial
hair. She said neither Mr. McGowan nor Mr. Lee had hair in
that area of their faces. The victim said the man continued
for two or three minutes after she awoke. She stated that she
was in shock and was unable to respond. The man then got up
and ran out of the living room and toward the bedrooms.
victim testified that after she cried, she got up and walked
through the house to see who was awake. She entered the
bedroom of the Defendant's father, who was not home at
the time, and found Nicholas Lee sleeping and snoring loudly.
She then knocked on the Defendant's bedroom door. The
Defendant's clothes were on the floor, and the Defendant
was naked in his bed. The victim told the Defendant,
"You did something to me, " and he denied that he
had committed the acts. The victim explained that she knew
that the Defendant was the man who had raped her because he
was the only person in the house who was awake. Because Mr.
McGowan was not around, the victim closed the bedroom door
and returned to the living room where she continued to cry.
victim cried for approximately five to ten minutes when she
heard a knock at the door. The door was locked, and the
lights in the house were off. The victim said she had not
locked the door or turned off the lights. The victim opened
the door, and a woman later identified as Ms. Tasha Banks
entered the home, followed by Mr. McGowan. The victim
returned to the living room to lie down, and Mr. McGowan
asked her to go to Mr. Lee's bedroom since Mr. Lee was
sleeping in his father's room. When the victim and Mr.
McGowan entered Mr. Lee's room, the victim continued to
cry, and Mr. McGowan asked her what was wrong. The victim
told Mr. McGowan, "Your cousin just raped me." Mr.
McGowan then knocked on the Defendant's bedroom door and
told the Defendant that they needed to talk. The victim said
some time passed before the Defendant came to the door. When
the Defendant finally came to the door, Mr. McGowan told him
that the victim had stated that he "did something to
her." The victim said the Defendant became
"aggressive, " denied the claims, and characterized
the victim as a "drama queen." The Defendant told
Mr. McGowan and the victim to leave, and they refused. The
victim said that while she yelled at the Defendant, he denied
her claims in a "calm" and "arrogant"
manner. At some point, Mr. Lee awoke, and the victim
continued to argue with the Defendant for a period of time
before she called the police.
the police arrived and spoke to the victim, she was
transported to the Memphis Sexual Assault Resource Center for
an examination. The victim said that a nurse took a vaginal
swab and told her that the swab smelled like a condom. The
victim was then transported to the police station where she
gave a statement.
victim testified that she never had a sexual relationship
with the Defendant and did not consent to sexual intercourse
with the Defendant on that night. She said that prior to
waking up, she was unaware that anyone, including Ms. Banks,
had entered or left the house. She denied initiating sexual
contact with the Defendant as an act of revenge against Mr.
McGowan for his infidelities. The victim denied telling
anyone that she was unsure that the Defendant had raped her
or that someone else had raped her.
victim said her attitude and personality changed as a result
of the incident. She stated that she did not trust anyone,
could not sleep at another person's home, and did not
socialize often. Because the Defendant is Mr. McGowan's
cousin, she did not spend as much time with Mr. McGowan's
family. She recalled occasions during which the Defendant
attended a family function that she also was attending, and
she became upset as a result.
cross-examination, the victim testified that before and
during the first party, she and the rest of the group shared
two or three "blunts" of marijuana. She said they
returned to the Defendant's home following the parties at
around 2:00 or 3:00 a.m. She did not know what time she
called the police. She said she was not so intoxicated that
she was unable to recall what had occurred.
returning to the Defendant's home following the parties,
the victim called her stepfather to let him know that they
were unable to drive her sister home because everyone was
intoxicated. The victim then laid down on the floor. Her
sister was sitting on the couch, and the Defendant and Mr.
McGowan were playing chess. The victim was asleep when the
Defendant drove her sister home.
victim testified that the room was too dark to allow her to
see her attacker's face. She described her attacker as
having sideburns and a beard. She said that her attacker
tried to put his tongue inside her mouth. She attempted to
raise her head, but her attacker had his forehead on her
forehead. She believed her attacker was wearing a condom.
victim acknowledged that in June 2011, she received $2, 000
from the State's victim's compensation fund. She
denied that she was aware of the fund prior to April 2010 and
said she first learned of the fund at the Memphis Sexual
Assault Resource Center. She said that she never discussed
the compensation in Mr. Lee's presence and that she never
told anyone about a friend receiving $10, 000 from the fund
for claiming that she was raped.
victim denied that she and Mr. McGowan had ever broken up
during the course of their relationship. She also denied that
she had ever suspected Mr. McGowan of being unfaithful and
that she and Mr. McGowan had argued over other women. The
victim denied that she was jealous that Ms. Banks and Mr.
McGowan had left together to go to the store, that she
propositioned the Defendant as a result, that she and the
Defendant had consensual sex, and that she lied about being
victim stated that she was arrested for various domestic
violence charges while the Defendant's rape charges were
pending and that each of her charges were dismissed. On May
6, 2014, the victim's domestic violence charge involving
Mr. McGowan was dismissed. At the time, the victim already
had been subpoenaed to testify against the Defendant six days
victim testified that from December 2013 to July 2014, she
and Mr. McGowan lived in an apartment next to the
Defendant's father and Mr. Lee. The Defendant moved in
with his father in May 2014. The victim said she saw the
Defendant on one occasion during that time period.
redirect examination, the victim testified that the
prosecutor in the Defendant's case never came to court on
her domestic violence charges. The charge involving Mr.
McGowan was dismissed because Mr. McGowan failed to attend
the hearing. The victim was one of multiple people arrested
for the other two domestic violence charges. The victim
stated that she did not receive any promises from the State
with regard to her charges and in exchange for her testimony
against the Defendant.
victim testified that the five years during which the
Defendant's charges have been pending have been difficult
for her. She explained that her relationship with Mr.
McGowan's family has been strained and that it would have
been easier on her to decline to pursue the charges against
Tasha Banks testified that in April 2010, she had been dating
the Defendant for approximately four months. On April 11,
2010, the Defendant called her sometime after midnight and
relayed his plans to drive to her home and then take her to
his house. When the Defendant asked Ms. Banks whether she had
a condom, she said she would bring a bag of condoms with her.
The Defendant arrived at Ms. Banks's home with Mr.
McGowan. Ms. Banks said she had not met Mr. McGowan
previously. They then returned to the Defendant's house.
Banks stated that upon arriving at the Defendant's home,
she saw the victim sleeping on the floor. The victim was
covered with a sheet. Ms. Banks said she had never seen the
victim prior to that night. Ms. Banks stated that the kitchen
and the living room were combined into one open room and that
the victim was lying approximately three inches from the
kitchen table. The Defendant and Mr. McGowan sat at the
kitchen table while Ms. Banks went into the Defendant's
bedroom. Ms. Banks did not know whether anyone else was in
Banks testified that ten to fifteen minutes after they
arrived, the Defendant told her that his stomach was hurting
and asked her to go to a store to purchase cranberry juice.
The Defendant instructed Ms. Banks to drive his car and to
take Mr. McGowan with her. When Ms. Banks and Mr. McGowan
left, the victim was still sleeping on the floor. They drove
to a convenience store located four to five minutes away.
While at the store, Mr. McGowan purchased cranberry juice and
Black & Mild cigars. Ms. Banks denied that Mr. McGowan
propositioned her or had any physical interaction with her.
Banks stated that before they left the Defendant's house,
she left the door unlocked, and the lights were on inside the
house. She said that when they returned, the house was
"pitch black, " and the door was locked. Mr.
McGowan knocked on the door "a good three minutes"
before the victim opened the door. Ms. Banks said that when
she walked inside, she could tell by the victim's facial
expression that something was wrong.
Banks entered the Defendant's bedroom and sat on the edge
of his bed. She said that the Defendant was under the sheets
and that she could tell that he was naked. She snatched the
sheets away from the Defendant and asked him why he was
naked. The Defendant responded that he was waiting for her to
arrive. Ms. Banks stated that he had not done this previously
and that Ms. Banks responded, "You couldn't have
been waiting on me."
five to ten minutes later, Mr. McGowan knocked on the
Defendant's bedroom door and asked Ms. Banks to leave the
room because he needed to talk to the Defendant. Ms. Banks
stepped outside the room. The Defendant and Mr. McGowan
remained inside the room with the door closed for
approximately fifteen minutes. Ms. Banks said upon reentering
the room, she heard Mr. McGowan ask the Defendant, "You
ain't going to say what you done?" Ms. Banks asked
what was happening, and the victim approached and accused the
Defendant of raping her. Ms. Banks said the victim was
crying. The Defendant denied the victim's claims and
accused the victim of lying. Ms. Banks said during the
altercation, the Defendant remained in the bed and covered
with sheets. Ms. Banks told the Defendant that the matter was
serious and that if he did not rape the victim, he needed to
get out of the bed. At some point, the Defendant got out of
bed and put on his clothes.
Banks testified that Mr. McGowan returned to the room and
said that if the Defendant was not going to admit to what he
had done, Mr. McGowan was going to call the police. The
Defendant became upset and told everyone to leave. Ms. Banks
said she was not going to walk home. At some point, Mr. Lee
came out of his father's bedroom and joined the Defendant
in telling everyone that they had to leave.
Banks stated that prior to going to the convenience store,
she left her bag, which contained eight condoms, on the
headboard of the Defendant's bed. She later noticed that
one condom was missing. She did not question the Defendant
about the missing condom.
Banks said both the Defendant and Mr. Lee had beards. The
Defendant also had hair on his chest and in the area of his
stomach and a scar around the area of his chest.
cross-examination, Ms. Banks testified that the victim did
not appear to be intoxicated when she saw her but that both
the Defendant and Mr. McGowan appeared to be under the
influence of alcohol. Ms. Banks did not know what time she
went to the store. She said she and Mr. McGowan did not speak
while she drove to the store. She did not know how long
everyone argued before the police were called and
acknowledged that the group could have argued for a few
redirect examination, Ms. Banks testified that when the
victim told the Defendant that he had raped her, the
Defendant said, "I didn't touch you. You're
lying. Ashley told me about you, and they said that you
w[ere] trying to set me up." Ms. Banks understood that
Ashley was the Defendant's former girlfriend.
Larry McGowan testified that at the time of the trial, he and
the victim had been in a relationship for ten or eleven
years. He said that on April 10, 2010, he, the victim, the
victim's sister, the Defendant, and Mr. Lee attended two
parties. Mr. McGowan said that while the group drank alcohol,
he denied that they smoked marijuana. Everyone in the group,
including the victim, became intoxicated. The victim vomited
and was unable to stay awake. They returned to the
Defendant's home sometime after midnight. Mr. McGowan
assisted the victim in taking a shower and placed sheets on
the living room floor where the victim laid down and fell
asleep. Mr. Lee laid down in his father's bedroom.
McGowan stated that while the victim was sleeping, he and the
Defendant drove the victim's sister home, went to Ms.
Banks's home, and drove Ms. Banks to the Defendant's
home. Mr. McGowan said they were gone for forty-five minutes
to one hour. Upon returning, the victim was still sleeping on
the living room floor. Mr. McGowan said he and the Defendant
played chess for a few hours at the kitchen table, and he
believed that Ms. Banks sat at the table with them.
McGowan testified that the Defendant began complaining that
his stomach was hurting, so Mr. McGowan and Ms. Banks went to
a convenience store where Mr. McGowan purchased cranberry
juice for the Defendant and cigars. Mr. McGowan stated that
Ms. Banks drove the Defendant's car because she was not
intoxicated. According to Mr. McGowan, they were gone for
approximately ten minutes.
McGowan said that when he and Ms. Banks left the
Defendant's house, the lights were on in the kitchen. He
did not have a key to the house, so he left the door
unlocked. When they returned, the house was dark, and the
door was locked. Mr. McGowan knocked on the door, and the
victim opened it. He said that the victim was crying and that
when he asked her what was wrong, she said, "Your
cousin's about to go to jail." The victim told Mr.
McGowan that when she woke up, a man was "in" her.
McGowan went to the Defendant's bedroom and asked Ms.
Banks to step outside of the room so that he and the
Defendant could talk. The Defendant denied the victim's
claims. The Defendant was lying in his bed and covered with
sheets. As a result, Mr. McGowan was unsure whether the
Defendant was wearing clothes. Mr. McGowan remained in the
bedroom for approximately ten minutes and asked the Defendant
several times to get out of bed and talk to him about the
claims. The Defendant eventually got out of bed but never
admitted having contact with the victim. The victim and the
Defendant argued, and Mr. Lee woke up as a result. Mr.
McGowan said approximately fifteen minutes passed from the
time that he returned from the store until the police were
McGowan testified that at the time, he did not have hair on
his face or his navel. He believed that the Defendant had
facial hair but that Mr. Lee did not.
McGowan denied that he and Ms. Banks had any physical
interaction. He said he and the victim stopped associating
with the Defendant after the incident. Mr. McGowan also said
that whenever he and the victim saw the Defendant, the victim
became upset, and Mr. McGowan would have to escort her from
cross-examination, Mr. McGowan testified that at the time of
the incident, he and the victim had been together "on
and off" for five years. He said they had gone through
rough patches and had broken up a few times.
McGowan said the Defendant had gotten shot the prior year and
was still recovering. Mr. McGowan believed that the Defendant
had a scar that came up from below his waist and was unsure
whether the Defendant was still wearing a bandage at that
time. The Defendant told him that either green tea or
cranberry juice help soothe the pain from the wound. Mr.
McGowan said he and the Defendant were sitting at the kitchen
table during their discussion about going to the store and
that the victim was sleeping approximately ten feet or more
McGowan stated that both he and Ms. Banks were necessary for
the trip because he did not have a driver's license but
planned to make the purchases. During the drive to the store,
Mr. McGowan and Ms. Banks talked about the parties that Mr.
McGowan had attended earlier and listened to the radio. He
said they went to the store around 3:00 or 4:00 a.m.
McGowan said he initially did not know whom to believe and
wanted to get both sides of the story. He stated that while
the Defendant was in his bed and under sheets when Mr.
McGowan entered the bedroom, the Defendant appeared to be
wearing a T-shirt. Mr. McGowan said the victim called the
McGowan testified that he had seen the Defendant at family
events following the incident and attempted to talk to him.
They played chess together approximately one month after the
incident. Mr. McGowan said that he and the victim lived next
door to the Defendant's father and Mr. Lee from late
December 2013 to August 2014 and that he was aware that the
Defendant lived with his father at some point. Mr. McGowan
stated that the Defendant came to his apartment and played
video games with him once or twice. At that time, the victim
was living with Mr. McGowan.
redirect examination, Mr. McGowan testified that the victim
was not present when he and the Defendant played video games
together. Mr. McGowan said the victim hated that he
associated with the Defendant.
McGowan said that when the victim opened the door after he
and Ms. Banks returned from the store, the victim told him
that she woke up to the Defendant having sex with her. She
said that after she rubbed the perpetrator's face and
felt his mustache, she believed that the perpetrator was the
Defendant. She also said that when she realized that the man
who was having sex with her was not Mr. McGowan, she
"kind of woke up" and saw the Defendant run to the
back of the house.
re-cross examination, Mr. McGowan testified that he told
police officers that he believed the victim because she did
not like to be involved in situations with the police. He
acknowledged that the victim called the police in February
2009 after they were involved in an altercation. He said he
became physical with the victim but denied that he hit the
Tammy Keough, a nurse practitioner with the Memphis Sexual
Assault Resource Center, was admitted by the trial court as
an expert in forensic nursing. Ms. Keough examined the victim
on April 11, 2010. According to Ms. Keough's medical
chart, the assault occurred around 4:00 a.m. Ms. Keough said
that while the victim was cooperative, she was also tense and
crying. The victim reported a vaginal assault and said she
thought the perpetrator may have been wearing a condom. The
victim also reported that she had been kissed inside of her
mouth. Ms. Keough took swabs of the victim's mouth and
vaginal area. She later took a penile swab from the
Keough said the victim did not have any traumatic injuries.
Ms. Keough explained that it was rare to find vaginal
injuries in women who are of child bearing age. She stated
that the results of the victim's examination were
consistent with her account of the events.
cross-examination, Ms. Keough testified that the victim's
examination was consistent with "someone who has had
vaginal penetration or sex with any person, " including
consensual sex. Ms. Keough said she did not routinely smell
for condom use.
Keough stated that the victim told her that she
"wasn't that drunk" and that she knew what had
occurred. According to Ms. Keough's report, the victim
I tried to raise up but his head was on my forehead, and he
was kissing me in my mouth. It didn't feel right. I kept
saying, "Dump, Dump." He didn't say anything. I
went to feel his face and there was hair. Dump don't have
no hair on his face. Then I felt his navel, and there was
hair. I started screaming for my boyfriend, then he started
doing it real fast. Then he stopped and got up and ran in the
other room. Then I heard someone knocking on the door. I
answered it and I was crying. I told my boyfriend what
parties later stipulated that an examination of the vaginal
swabs and the victim's underwear did not reveal the
presence of semen or saliva. The parties also stipulated that
the testing of the Defendant's penile swabs only revealed
a partial profile of the Defendant's DNA.
Lee Walker and Andrew Podesta of the Memphis Police
Department received a call to go to the Defendant's home
at around 6:23 a.m. on April 11, 2010. Officer Walker
testified that when they arrived at the home, they met the
victim, who was crying. Officer Walker believed that the
victim had consumed alcohol because she was not certain what
was occurring. He said the victim was "adamant"
that something had happened to her and informed the officers
of what had occurred. The officers also questioned others
present at the scene. The Defendant denied the accusations
and maintained that he had been sleeping in his bed. Officer
Walker said the Defendant was the only man in the home who
had facial hair.
Walker stated that after obtaining consent from Mr. Lee, he
and Officer Podesta searched the residence. They found an
open condom wrapper in the headboard of a bed in one of the
cross-examination, Officer Walker testified that the victim
reported that she had consumed alcohol and fell asleep on the
floor. The victim stated that she awoke when she felt someone
having sex with her. She told the officer that the room was
dark and that she was unable to determine the identity of her
attacker. Officer Walker said the victim did not tell him
that the Defendant raped her. During the course of the
investigation, Officer Walker learned that the perpetrator
had hair on his face and chest. Officer Walker said that the
Defendant and Mr. Lee were suspects and that they both
maintained that they were asleep at the time. The arrest
ticket stated that the attack occurred between 2:00 and 4:00
a.m., which Officer Walker said was based upon information
supplied from the victim.
redirect examination, Officer Walker testified that the
victim said that while she did not see the perpetrator's
face, she could feel things on him and recognized what she
was feeling. Officer Walker said that the victim was sure
about feeling hair and that her boyfriend did not have facial
Celia Tisby of the Memphis Police Department testified that
in April 2010, she was a sergeant in the Sex Crimes Division
and was the lead investigator in the case. She went to the
scene where she spoke to the victim. Lieutenant Tisby said
that the victim appeared to be upset and that the
victim's demeanor was similar to rape victims in other
cases in which Lieutenant Tisby had investigated. The victim
told Lieutenant Tisby what had occurred.
Tisby and Major Chorcie Jones interviewed the Defendant at
the division's office. Lieutenant Tisby testified that
prior to the interview, the Defendant signed a waiver of
rights form and agreed to speak with the officers. The waiver
of rights form, however, was missing from the file.
Lieutenant Tisby did not know whether the file was misplaced
during the investigation or after the file was given to the
Defendant's statement began at 1:55 p.m. and concluded at
2:40 p.m. Lieutenant Tisby typed the questions asked and the
Defendant's answers. She said that the Defendant was
given the opportunity to review and sign his statement but
that he chose not to sign it. She explained that throughout
the interview, the Defendant asked whether he would be
charged. She stated that after the interview concluded, the
Defendant learned that he was still going to be charged and
refused to sign his statement.
Defendant told the officers that he, Mr. Lee, Mr. McGowan,
the victim, and the victim's sister attended a party
where they were drinking alcohol. The Defendant believed that
the victim was drinking beer and vodka and said she vomited.
They returned to the Defendant's home around 2:00 or 3:00
Defendant stated that while he and Mr. McGowan were sitting
at a table playing chess, he asked Mr. McGowan and Ms. Banks
to go to a store and purchase a Black & Mild cigar. The
Defendant said that while he and Mr. McGowan were discussing
a trip to the store, Mr. McGowan asked whether Ms. Banks
would go too. The Defendant explained that he sent Ms. Banks
to the store with Mr. McGowan because Mr. McGowan "was
trying to mess" with Ms. Banks and did not want to do so
at the Defendant's home with the victim present. The
Defendant said he and Mr. McGowan occasionally shared women.
Defendant told the officers that after Mr. McGowan and Ms.
Banks left, the victim woke up and said, "[Y]'all
think y'all slick, who is that girl?" The Defendant
said he told the victim who Ms. Banks was but that the victim
did not believe him. According to the Defendant, the victim
said, "He [is] going [to] quit playing with me. I'm
going to show him." The Defendant said that the victim
rolled over, that her sheet came off of her, and that the
victim was naked. He stated that the victim asked him,
"[D]o you want some of this?" The Defendant went to
his bedroom and retrieved a condom from Ms. Banks's bag.
He said that when he returned to the living room, he asked
the victim whether she was "playing" and that she
said no. He stated they then had sexual intercourse. He also
stated that when the victim began calling Mr. McGowan's
name, he believed that Mr. McGowan was returning, so the
Defendant went back into his bedroom. After Mr. McGowan and
Ms. Banks returned two or three minutes later, Mr. McGowan
knocked on the Defendant's door and asked him what had
occurred between him and the victim. The Defendant denied
that anything had occurred, and the victim began crying and
said that the Defendant did something to her. The Defendant
stated that he told the victim and Mr. McGowan to call the
police and tried to make them leave.
Defendant stated that he did not know why the victim accused
him of raping her. He said the victim was likely angry
because he had helped Mr. McGowan "get other
girls." The Defendant explained that he denied to Mr.
McGowan that he and the victim had any sexual contact because
he did not want Mr. McGowan and the victim to argue. The
Defendant said he flushed the condom and the wrapper down the
toilet. Lieutenant Tisby ...