(CBS/AP) - In the first day of trial in a case that has received national attention, the prosecution attempted to show that a 16-year-old girl who has accused two Ohio high school football players of rape was "substantially impaired" from drinking alcohol on the night she was allegedly attacked, while defense attorneys tried to show she was able to make decisions.
Four teenage witnesses testified Wednesday in the trial of Ma'Lik Richmond, 16, and Trent Mays, 17, who are charged as juveniles with raping the girl in the back seat of a car and in the basement of a home on August 11, 2012. The case will be decided by a judge, not a jury. If convicted, the teens face juvenile incarceration until age 21.
One of the girl's friends testified that before going out that night, they had mixed vodka with an ice drink and that the girl quickly became intoxicated.
According to the Cleveland Plain Dealer, one 17-year-old male witness testified to seeing the girl sitting outside a party without her shirt on. The witness reportedly said her shirt was covered in vomit and that she'd been asked to leave the party because she threw up. The paper reports that the witness admitted he had offered money to people in a group surrounding the girl if they would urinate on her.
The paper also reports that same teen testified that he had been shown a cell phone photo of the girl naked from the waist down and on her hands and knees. The witness said that both defendants were in the photo and that Richmond was touching the girl's backside. He also reportedly testified that her head was hanging down and her hair covered her face.
"I though they just had sex with her," he said when asked by Special Prosecutor Marianne Hemmeter what he thought the picture showed.
The picture was deleted and the state has been unable to recover it. The teen who took the photo is expected to testify.
Jacob Howarth, 19, testified that he recalled seeing the girl go into the bathroom and throw up after she arrived at a gathering at his house. Walter Madison, Richmond's attorney, questioned Howarth about the girl being able to use the bathroom without leaving a mess.
"Being drunk doesn't mean you don't know what's going on, right?" Madison said.
Another teen testified that the girl was eventually carried by some of the boys because she was having trouble walking.
"She went over by the door and she stumbled, and that's when the boys picked her up," said the witness. "She was conscious, but she couldn't lift her head."