I've not seen a rape case with so much incriminating, credible and powerful evidence
So what happened on the beach? Doe said Frimpong may have tried to kiss her, but when pressed by Barron she admitted, "I have no clue. I'm just assuming…" She also said, "I remember him biting me on my face," even though she had told the emergency room doctor she thought she'd been hit, and when questioned by detectives, she said she didn't know about being bitten -- despite Kies' saying, "That's definitely, most definitely, teeth marks, dude," about the bruise on her cheek. When Barron questioned her about it, Doe said, "But later, when they're, like, 'It looks like teeth marks' …I remember that happening."
Nonetheless, Frimpong's supporters save much of their scorn for Sanger. The prosecution rested its case on Dec. 12, having called 32 witnesses; Sanger questioned them all on the stand but called only one additional witness, a blood expert who testified that Doe's blood alcohol level at the time the sample was taken, 5:37 a.m., was .20, and that it could have been as high as .29 at the time of the incident -- an almost lethal level. Sanger rested his case the next day. "The final score was 32-1," Vom Steeg says. "I feel guilty, like we didn't do enough." Loni Monahan spoke to Sanger throughout the trial about his strategy. "He told me, 'The best defense was no defense, because it would demonstrate there's nothing to defend,'" she says. "We made a mistake."
How often do we read about cases where an all-black jury rendered a questionable verdict?
Back on campus, media coverage led to an unwelcome surprise for the defense: After reading about Frimpong's arrest, another student came forward claiming that she too had been assaulted by him. This new Jane Doe told police that a few weeks before the rape, he had acted aggressively toward her, grabbing her buttocks and tackling her on the beach. The DA used the accusation to charge Frimpong with misdemeanor sexual assault, which made for a second count at trial. (He was found not guilty.) "The DA's office filed a weak claim of sex ual assault to portray Eric as a serial sexual predator and bolster the flawed rape claim," wrote Kim Seefeld, a local defense attorney and former prosecutor, in a blog post on Jan. 15, 2008. "The allegations severely prejudiced him before the jury."
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