Reported gang rape caught the nation's attention in 2009. The victim testified in court Monday. Cheryl Hurd reports.
Monday was an emotional day in a highly charged gang rape trial in the East Bay. The alleged victim took the stand and gave dramatic testimony.
The woman known as “Jane Doe” testified at the trial of two of the men charged with gang raping her outside a Richmond high school dance.
She said she doesn't remember the attack, only waking up at a hospital in “excruciating pain.''
Suspects Jose Montano and Marcelles Peter are among six people accused of raping the victim, who was 16 at the time.
Authorities say she was beaten, robbed and sexually abused over two hours while as many as 20 people watched.
She showed little emotion and appeared to be nervous as she recounted what happened to her the night of Oct. 24, 2009.
Jane Doe told the court that she left the homecoming dance because she had a headache and went outside to call her father to pick her up.
She said the last thing she remembers was talking to a friend.
Jane Doe: “We were talking about music and ring tones. I told them my head hurt. I had to get up the next day to go to church. I got up to stand up. I woke up the next day in the hospital.”
Defense attorney Jane Elliot, who represents defendant Montano asked the victim, “Did you consent to have sex.”
Jane Doe: “ No.”
Elliot: “Do you remember anyone trying to have sex or kiss you.”
Jane Doe: “ No.”
She went on to say, “I remember not seeing anything because my eyes were closed and I was holding on to my necklace and getting kicked in the stomach.”
Elliot then asked questions the amount of alcohol Jane Doe consumed that night.
Elliot: “Do you remember telling the police officer that you felt like you shouldn’t have drank that night?”
Jane Doe: “No.”
Monday’s testimony about alcohol contradicts what the victim told a member of the Contra Costa County sexual response team the night she was examined in the hospital. On the stand, a nurse testified that the victim told her she drank brandy, but didn’t say where she got the alcohol.
Tests done at the hospital showed the victim had a blood alcohol level of point .35 - a nearly fatal level of intoxication. Testimony continues Tuesday.