The father of the 16-year old girl who was allegedly gang-raped in a dark courtyard outside a Richmond High School homecoming dance on October 2009 announced to jurors on Tuesday that his daughter appeared to be near death after her attack. The father referred to his daughter as “John Doe” in order to protect her identity.
The night of the incident he received a call from her cell phone from a person who was using vulgar language to describe how his daughter had performed well sexually. The father remembers being parked outside of the school when he saw a police car pull up at a high rate of speed unaware that the officer was responding to an attack on his daughter. The father became emotional on Tuesday as he shared his concern for his daughter the night of the incident when he told his daughter how much he loved her and to hold on as the paramedics took her to a hospital.
The father was the first witness to testify against Marcelles Peter, 20 and Jose Montano, 22. Both men are charged with forcible rape, rape by a foreign object and forced oral copulation, who also acted in concert with others. Prosecutor John Cope, told jurors that either scenario would be enough to convict the men. Defense attorneys used their opening remarks to state that there is incomplete evidence to accuse Marcelles and Jose. Although it is difficult for the court to decide what evidence is reliable, Defense attorneys feel that Cope has full control of what comes out of the mouths of the witnesses since they are in fact his witnesses.
One of the witnesses, Raul Rubio stated to the jurors that he was visiting his friends near the school when he decided to act when he came across several young men who told him that a drunken girl was available for sex on the campus. Rubio explained how he felt bad inside and could not just sit there and not do anything. The girlfriend of Rubio’s brother called 911. Captain Luis Padilla of the Richmond Fire Department also testified on Tuesday that the girl was moaning and whimpering as emergency personnel arrived.
So far two other men, Manuel Ortega and Ari Morales have agreed to plea deals that sends them to prison for 32 and 27 years. The third defendant won a dismissal during a preliminary hearing while John Crane and Elvis Torrentes still await trial.