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State v. Picon2/3/2004
Defendant, sixteen years old, and L.M., seventeen years old, were high school classmates. On 14 July 2001, both attended a party at the home of another classmate, Troy Wragg ("Wragg"). Wragg purchased alcohol and invited a large number of friends and acquaintances from school.
L.M. began playing a drinking card game after she arrived and quickly drank three twelve-ounce glasses of alcohol. Defendant arrived after L.M. and joined in the drinking game consuming beer. Around 10:30 p.m., L.M. began feeling ill from the alcohol and stopped playing. L.M. testified that the next thing she remembered was waking up in the hospital with her mother and a nurse standing over her.
The State's evidence tended to show defendant had nonconsensual sex with L.M. numerous times on the night of 14 July 2001, and in the early morning of 15 July 2001. Joey Allen, Cagney Colbert ("Colbert"), Daniel Kent, Tim Allen, Tyrea Allen, Casey Puccio, and John Nava testified that they were present in the bedroom with defendant and L.M. as the two engaged in sex. All denied seeing anyone other than defendant engaging in sex with L.M. that night or morning. After defendant and L.M. completed intercourse, several individuals in the room urged defendant to engage in sex with L.M. again. Defendant responded, "I already have," and stated that he previously had sex with L.M. "three or four times."
Other attendees at the party, Derrick Gaddis ("Gaddis"), Wragg, Taylor Smith, Adam Earls, Adam Ward, and Glenn Roberts were informed that L.M. was "passed out" and that there were a "bunch of people taking advantage of her." They ran to the bedroom and found L.M. lying on the bed motionless. L.M. was nude from the waist down, with her shirt pulled up over her bra, which was pulled down on the right side. Everyone else in the room left and Gaddis, Smith, and Wragg dressed L.M. They testified that L.M. felt like "dead weight" and was unresponsive. Smith testified that they tried to wake L.M. unsuccessfully for over an hour and a half. They tried yelling at her, hitting her on her cheeks, patting her hands, putting water in her face, and sitting her up but L.M. never responded. L.M. was taken to her vehicle and was driven to the hospital.
L.M. was completely unresponsive when she arrived at the hospital sometime before 3:00 a.m. Shortly after arriving, L.M.'s blood pressure dropped significantly. Nurse Sonya Standridge ("Standridge") removed L.M.'s pants and observed a used condom fall onto the floor. Standridge noticed significant tears and swelling at the bottom of the vagina. Standridge examined L.M.'s anus and discovered rips and abraded skin. Dr. Larry Holder ("Dr. Holder"), an expert in the field of gynecology, examined L.M. around 4:30 a.m. on 15 July 2001. He noticed L.M.'s pelvic region was traumatized with lacerations and swelling of the labia and minor lips of the vagina. Dr. Holder noticed bruises on two spots on L.M.'s left thigh. Additional bruises were found by another nurse in intensive care. Dr. Holder later examined L.M. and found increased swelling of the labia, a tear outside the hymenal ring, three lacerations, and a bruise. During an examination two weeks later, Dr. Holder discovered two tears inside L.M.'s anus that he had previously not noticed. Dr. Holder opined that L.M.'s injuries were not from consensual intercourse.
Paul Glover ("Glover"), an expert in the field of alcohol testing and alcohol blood physiology and pharmacology, testified that L.M. had a blood alcohol level on the night of the incident of .34 at 11:00 p.m., .32 at midnight, .30 at 1:00 a.m., and .258 at3:00 a.m. Glover opined L.M. would not have been able to resist an unwanted sexual advance between 11:00 p.m. and 3:00 a.m. at
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