SourceIn the sixth day of a preliminary hearing, Kenneth Greco, a former detective with the Richmond Police Department, testified that he spoke with the alleged victim at John Muir Intensive Care Unit in Walnut Creek the day after the alleged October 2009 attack at a Richmond High School homecoming dance. He said that he and the patient discussed notes she had written earlier when she still had a tube in her throat that was helping her breathe.
Greco testified that he held up the notes to the patient and discussed the meaning of each one.
Do my parents know? read the first note. OMG. I feel bad. Their trust in me will be down and my dad is going to move out Nov. 1 or Dec. 2.
The alleged victim told Greco that she had been at a homecoming dance at Richmond High School, when she got too warm and went to cool off outside. She said she knew that the dance had a “no-in, no-out†policy, so she left the dance at about 8 p.m. to call her father for a ride.
Cody Ray Smith, 16, whom she identified as a friend and student at Richmond High, approached her and asked if she wanted to have a drink with him and his friends.
The student told Greco that she thought to herself, “Why not? I’ve known him [Cody] since seventh grade.â€
She said that she and Cody walked over to the picnic tables in the courtyard where some people were sitting. There was at least one bottle of alcohol, which she thought contained brandy, and she recalled them passing it around and “chugging†it.
I feel like I’m going to pass out sick, another note said. I feel depressed. I can’t believe I did that. I see double.
In the courtroom, Cody was pulling at hair on his chin, his hand and fingers on his face, glancing at the audience, shifting in his seat, and leaning forward as Greco described the scene of the night.
The girl told Greco that she remembered, “sitting there like a bobble head,†and thought, “Oh my God, everything is spinning,†then woke up in the hospital.
When Greco asked the alleged victim if anything sexual had happened, she was adamant that nothing sexual had taken place. “If anyone would have tried anything sexual,†she said, “I would have said no.â€
Greco testified that following the interview with the alleged victim, Greco and a colleague conducted interviews with defendants Manuel Ortega, 20, and Ari Morales, 17, which revealed crude, graphic details of the night.
During an hour-long interview with Detective Greco, Manuel Ortega, who was arrested at the scene, recalled the alleged victim collapsed by a wall in the corner of the courtyard, vomited, and was raped while as many as 20 people watched.
“More people kept coming,†Ortega told Detective Greco during the interview. Ortega said people were taking photos of the victim with their cell phones.
Ortega said the student was on the ground, kicking and saying, “no, no†and said he struck her repeatedly to “make her shut up.â€
Ari Morales, 17, told Detective Greco and his colleague that he tried to get into the dance, but forgot his ID, so couldn’t go in.
Detectives found packaged condoms at Morales’ residence that matched the brand and lot numbers of wrappers found at the scene.
Greco, who retired in May, testified that both Morales and Ortega said that Salvador Rodriguez, 22, of Richmond—originally arrested, then released without charges—was the only one trying to protect her. “This is somebody’s sister,†Ortega recalled Rodriguez saying, “and somebody’s daughter.â€
Greco testified that Morales told the detectives that when he first arrived on the scene, Elvis Torrentes, 23, Rodriguez, Ortega, and five other friends were there. He said the girl was lying on the ground, awake, but whining and moaning—“really out of it.â€
After Rodriguez left, Greco testified that Morales told detectives Ortega tried to force a sexual act on the incapacitated girl, got mad, and that she lost consciousness as Ortega was beating her.
The courtroom was still. Morales and Ortega—sitting next to each other at the corner of a table—never met eyes. Morales leaned his head back, cleared throat, blinked, and rubbed his eyes.
Greco testified that witness Raul Rubio said in a phone interview that he was approached near campus by three males the night of the alleged attack who told him in crude language that an assault was taking place at Richmond High. A female roommate overheard Rubio telling other housemates about the assault and called the Richmond Police Department.
Cody Ray Smith, 16, Elvis Torrentes, 23, Ari Morales, 17, Marcelles Peter, 18, Jose Montano, 19, Manuel Ortega, 20, and John Crane Jr., 43, have all been charged in connection with the rape and beating of the student.
All except Torrentes face life sentences if convicted.
The preliminary hearing, which will determine if the defendants will go to trial, continues today with the cross-examination of Det. Greco.
SourceThe 16-year-old victim of an alleged gang rape outside a homecoming dance in Richmond told police that she did not engage in any sexual activity before blacking out from drinking alcohol for the first time, a police investigator testified Monday.
The investigator, Ken Greco, quoted the girl as saying she remembered nothing after drinking from a brandy bottle that was later found at the scene. Greco said the girl was adamant about not consenting to sex, telling him, "If anyone would have tried something, I would have said no."
Greco's testimony came on the sixth day of a preliminary hearing to determine whether seven men will be held for trial on sexual assault charges. Defense attorneys have suggested during the hearing that the girl - who was found unconscious and vomiting under a picnic table by police - was not assaulted.
The hearing before Contra Costa County Superior Court Judge Gregory Caskey is expected to last at least two more weeks. The girl is not expected to testify.
According to Greco, who has since retired from the Richmond force, the girl said she blacked out after choosing to drink alcohol for the first time because she was upset that her parents were splitting up.
After being hospitalized in the Oct. 24, 2009, incident outside Richmond High School, the girl wrote a series of notes because her throat was sore from the insertion of a medical tube, Greco said. In those notes and in an interview, the girl said she was sad because she had "just found out her father was leaving her mother" on Nov. 1. But her mother didn't yet know.
"I feel so depressed. I drank to let it out," the girl wrote in one of the notes, Greco said.
....
Ortega [Manuel Ortega, 20] later admitted to police that he had touched the girl's breasts and "backhanded" her because she was whining and calling for help, Greco said. Ortega said he didn't want to apologize to her because he didn't think she would forgive him for getting her drunk and letting the others rape her, according to Greco.
....
Salvador Rodriguez, a young man who was originally arrested and then released without being charged, tried to help the girl as she was being assaulted, telling the attackers, "This is somebody's sister, this is somebody's daughter," Greco testified.
But he said someone in the crowd told Rodriguez, "Hey, you don't know that b-."
alleged victim
http://www.mercurynews.com/top-stories/ci_17162363?nclick_check=1A teenage girl settled for $4 million a civil claim over a 2009 gang rape during the Richmond High School homecoming dance, attorneys said this week.
The victim came to an agreement with the West Contra Costa Unified School District to avoid drawn-out legal proceedings.
"We were very pleased to resolve the case for her on such favorable terms without her having to endure depositions, a trial or any further legal reminders of what happened to her," said Richard Schoenberger, an attorney representing the victim and her family.
"We had a very strong case against the school district," he added, "but felt that they were genuine in their attempts to resolve this case for her without putting her through a trial."
The victim will get an immediate payment of $2.5 million, while an additional $1.5 million will be paid out as a structured settlement over the next 40 years.
The West Contra Costa school district will pay $100,000 of the settlement; the rest is covered by a joint powers authority in which the district is a member. A JPA is a group of public agencies, such as school districts or cities, that pool money to cover losses incurred by members.
[...]
The victim has since moved away from Richmond.
[...]
Tim Murphy, an attorney representing the school district, said his clients are "pleased that the parties were able to come to an expedited and fair resolution of the case because that was clearly in the best interest of all concerned. We worked very closely with the victim's attorneys to make sure she receives all the appropriate care, now and in the future."
[...]
Though the victim has avoided a trial in the civil claim, Contra Costa County prosecutors say she would be called on to testify at any criminal trial associated in the case.
http://www.sfgate.com/bayarea/article/Man-admits-gang-rape-of-Richmond-teen-3846055.phpManuel Ortega, 22, of Richmond, appeared before Judge Barbara Zuniga in Contra Costa County Superior Court in Martinez and entered guilty pleas to rape in concert, rape by a foreign object in concert, forced oral copulation in concert while inflicting great bodily injury and robbery.
Ortega is expected to be sentenced Oct. 19 to a state-prison term of 32 years, said Deputy District Attorney John Cope.
The plea was the result of a deal with prosecutors, said Cope, who would not elaborate because the case against five other defendants is still proceeding. Ortega's trial had just begun with jury selection.
[...]
Attorneys representing the other defendants have argued that the girl, whose blood-alcohol level showed she was heavily intoxicated, wasn't forcibly raped but that she drank voluntarily and flirted with the defendants.
Attorneys representing the other defendants have argued that the girl, whose blood-alcohol level showed she was heavily intoxicated, wasn't forcibly raped but that she drank voluntarily and flirted with the defendants.
More graphic testimony and harrowing photos of the homecoming gang rape victim's torn pantyhose added to the on-going court case against some of the accused high school students.
The trial in Richmond, California continued on Thursday with testimony given by a local crime scene expert, a detective in the case, and the third student who already accepted a plea deal and faces 27 years behind bars after admitting that he urinated on the victim.
The young woman, identified as Jane Doe in court, is now 20-years old but was 16 at the time of the October 2009 attack.
As many as 20 men are thought to have participated in the attack with one even answering the girl's cell phone and telling her father how good his daughter was at sexual acts.
Earlier this week, the court heard from the girl's father, who received a taunting phone call from his daughter's cell phone mid-attack where one of the young men talked about how good she was at sexual acts.
The victim herself also testified, talking about the extent of the horrific actions and the moments before she blacked out.
She told the court she has a hazy memory of the attack but remembers getting kicked in the stomach and falling over.
'I remember not seeing anything because my eyes were closed and I was holding onto my necklace and getting kicked in the stomach,' she said.
She was repeatedly asked if she remembered drinking alcohol and said no, though the defense said this contradicted what she told police and medical staff after the attack. Nor does she have any recollection of the sexual assault or consenting to any advances.
Her legs 'felt like somebody had ripped them out of place' and she felt nauseated, 'as if someone had took out my insides, stabbed them and put them back in', she said.
Graphic pictures of her swollen face and bruised body were shown to jurors as she told them that to this day she still has scars on her back - the result of cigarettes being extinguished on her skin.
She said she did not recall seeing Marcelles Peter that night and 'barely' recognized Jose Montano and only then because of his long hair.
The woman received $4 million from the West Contra Costa County Unified School District though a civil claim in the case.
The victim testified at the beginning of the third week of the trial.
Read more: http://www.dailymail.co.uk/news/art...hool-student-20-classmates.html#ixzz2WsPw4Vfs
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what is a 43..i repeat, FORTY-THREE year old man doing at a school dance? come to think of it, what were any of those grown men doing there? is there no security at school functions? where were the chaperones? fucking animals. cut their junk off (if you can find it); don't even leave them an inch to pee with. oh hell, just kill them.
Graphic pictures of her swollen face and bruised body were shown to jurors as she told them that to this day she still has scars on her back - the result of cigarettes being extinguished on her skin.
I don't want to live on this planet anymore.
Yes, 'cause we all know that this was consensual, don't we? </endsarcasm>
http://www.mercurynews.com/breaking...sident-found-guilty-richmond-high-school-gangTwo men could spend the rest of their lives in prison after jurors on Thursday convicted them of participating in the infamous gang rape of a 16-year-old girl on the Richmond High School campus in 2009, an attack that horrified the community and drew nationwide outrage.
[...]
Marcelles Peter, 20, and Jose Montano, 22, were motionless as a court clerk read their identical verdicts from separate juries that call for punishments of up to 33 years to life at a sentencing hearing Aug. 15. Their families, who had been warned by the judge not to audibly react, softly cried.
[...]
Peter and Montano, who have been jailed since their arrests nearly four years ago, are the third and fourth men convicted in connection with the Oct. 24, 2009, attack in which the sophomore was beaten, raped and otherwise sexually abused for more than two hours in a dark campus courtyard while spectators watched.
[...]
Peter, of Pinole, and Montano, of Richmond, were found guilty of rape in concert, sexual penetration in concert, oral copulation in concert and a single charge enhancement for great bodily injury caused to the victim. While they each face up to 33 years to life, Judge Barbara Zuniga will have some discretion as to whether the terms for each count are consecutive or concurrent.
For more than six weeks, the juries heard from about 30 witnesses, including two men who were convicted of the gang rape by way of plea deals. Manuel Ortega, 22, of Richmond, is serving a 32-year sentence, and Peter's former neighbor, 20-year-old Ari Morales, is serving 27 years.
Most of the civilian witnesses were teenage boys who all expressed fear, discomfort or both about testifying. One of the witnesses told the jury he would rather be arrested than testify, and he was. He spent a weekend in jail after skipping out on his second day of testimony and returned to the witness stand in a yellow jail jumpsuit.
[...]
The juries deliberated separately, with Peter's jury returning a verdict on Tuesday after seven hours of deliberations and Montano's jury returning Wednesday after 11 hours.
Peter was 17 and Montano 18 when, according to testimony, they arrived at the courtyard together while the girl was already unconscious and being assaulted. Like many of the young men there that night, they had been denied entry to the dance on the other side of campus and were drunk.
Peter demonstrated for police on video how he touched the girl's vagina while others were groping her. He said he didn't foresee her getting raped and beaten afterward.
A witness testified that Peter told him he took cellphone pictures of part of the attack. DNA belonging to Peter was found on a condom.
His attorney, Gordon Brown, argued that the DNA was not from Peter's sperm, and it is unclear how it got there. He said police interrogation tactics led to Peter falsely confessing to touching the girl.
[...]
Numerous witnesses described Montano raping the girl, and his DNA was on a condom wrapper.
Elliot, his attorney, argued that he was on top of her for a few seconds but did not penetrate her or even expose himself. She asked the jury for a sexual battery conviction.
[...]
Still awaiting trial are Richmond residents Elvis Torrentes, 25, and John Crane, 46. Torrentes is charged with sexual penetration of an intoxicated person. Crane, whose semen was found on the victim and various objects left at the scene, according to testimony, is charged with rape.
Investigators recovered and stored up to four DNA profiles from the crime scene that have never been matched to someone, Cope said.
Most of the civilian witnesses were teenage boys who all expressed fear, discomfort or both about testifying. One of the witnesses told the jury he would rather be arrested than testify, and he was. He spent a weekend in jail after skipping out on his second day of testimony and returned to the witness stand in a yellow jail jumpsuit.