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State v. Lee

Court of Criminal Appeals of Tennessee, Jackson

November 23, 2016

STATE OF TENNESSEE
v.
PRENTIS LEE

          Session July 12, 2016

         Appeal from the Criminal Court for Shelby County No. 1502464 James C. Beasley, Jr., Judge

         The 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 court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed

          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 of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Alan E. Glenn and Robert W. Wedemeyer, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE

         FACTUAL AND PROCEDURAL HISTORY

         The 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.

         State's Proof

         The 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.

         The 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.

         The 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.

         The 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.

         Once 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.

         The 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.

         The 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.

         On 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.

         Upon 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.

         The 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.

         The 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.

         The 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 raped.

         The 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 later.

         The 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.

         On 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.

         The 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 the Defendant.

         Ms. 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.

         Ms. 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 the home.

         Ms. 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.

         Ms. 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.

         Ms. 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."

         Approximately 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.

         Ms. 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.

         Ms. 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.

         Ms. 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.

         On 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 hours.

         On 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.

         Mr. 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.

         Mr. 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.

         Mr. 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.

         Mr. 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.

         Mr. 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 called.

         Mr. 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.

         Mr. 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 the location.

         On 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.

         Mr. 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 away.

         Mr. 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.

         Mr. 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 police.

         Mr. 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.

         On 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.

         Mr. 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.

         On 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 victim's face.

         Ms. 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 Defendant.

         Ms. 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.

         On 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.

         Ms. 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 stated:

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 happened.

         The 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.

         Officers 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.

         Officer 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 bedrooms.

         On 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.

         On 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 hair.

         Lieutenant 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.

         Lieutenant 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 prosecutors.

         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.

         The 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 a.m.

         The 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.

         The 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.

         The 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 ...


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