Colorado jury acquits former Denver Bronco of sexual assault
A Colorado jury recently acquitted Perrish Cox, a former Denver Broncos cornerback, of sexual assault.
Prosecutors had accused the 25-year-old of assaulting a woman after a party at his apartment in September of 2010.
The woman became pregnant, and prosecutors claimed DNA testing proved Cox was the father.
Yet the player’s criminal defense attorney effectively disputed the DNA test, saying it may have been tainted.
“We always felt there were substantial holes in the case,” the attorney said. “We had hoped they (the jury) would see those same holes.”
Cox didn’t testify at the trial, but in a police interview he stated that he didn’t rape the woman.
She testified that she believed that someone drugged her that night, because she remembered few details about what happened in Cox’s apartment.
According to the arrest affidavit, the woman went out drinking at a Denver nightclub and then went to the apartment because Cox was dating her friend. She said she didn’t remember much from the night, but woke up feeling something wasn’t right.
A few weeks later, she discovered she was pregnant, according to the document.
After the verdict, the jury foreman told a Denver TV station that jurors acquitted the football player in part because prosecutors hadn’t made it clear that the woman had been assaulted.
Cox had been charged with sexual assault while the victim was physically helpless and sexual assault while the victim was incapable of determining the nature of the conduct.
“We would’ve needed to have known that she was really in a bad state when she was in that position,” the jury foreman explained.
Prosecutors never presented evidence that the woman had been drugged. However, the woman did admit to being an experienced drinker who had one drink for each year of her life on her 21st birthday.
She admitted that she said and did things that night that she wasn’t able to recall later.
Cox’s agent said his client is now ready to resume his football career.
Source: Associated Press: “Perrish Cox acquitted of sexual assault,” March 2, 2012
Source: 9news.com: “Perrish Cox jury foreman: ‘A lot of us were frustrated’,” March 6, 2012