[F]ormer Denver Broncos cornerback Perrish Cox, who is charged with two counts of rape. . . The woman said she passed out at Cox's apartment in September 2010 and found out later that she was pregnant but didn't recall ever having sex. In court documents, she said she must have been drugged because she had only a few drinks that night.
DNA testing concluded Cox was the father.
What did he tell with the Lone Tree, Colorado police and the alleged victim?
[In] three of four taped interviews with Cox . . . he repeatedly said he did not sexually assault the alleged victim and that he never had sexual contact with her.
Two of the recordings are interviews with police. One was a conversation between the alleged victim and Cox that was taped surreptitiously with the help of Lone Tree police. . . . "I never raped anybody," he told police. "I swear I never touched her." . . . A fourth interview recorded after his arrest — in which he again said he had not had sex with the woman — was excluded from Cox's trial because of issues concerning when the prosecution turned it over to the defense. However, written statements from that recording, previously entered into discovery, will be allowed.
Cox had tried to exclude one of the interviews from evidence on the grounds that "repeatedly called him a liar and yelled at him" in the interview room. Clearly, the police were just telling the story the way it was when they called him a liar.
He faces two years to life in prison, and given his initial story to the police, it is unlikely that Judge in conservative Douglas County will show much leniency.
Not surprisingly, the Broncos cut Cox "just before the start of this season," said he was ready for the trial to be over and no one else has signed me. On one point Cox is clearly correct:
"I know the reason why is because of this case," Cox said.
The case is set for a six day trial in a couple of weeks, but I don't think there is much doubt about the outcome of the trial when a DNA test shows that he got the woman pregnant and his consistent story has been that he didn't have sex with the woman. If he tells that story again at trial, there is a good chance that he will be the rare criminal defendant to face perjury charges that stick as well.
If there is ever a case where it makes sense for a criminal defendant to waive a trial, plead guilty, with or without a plea agreement, confess, apologize, and throw oneself on the mercy of the court, this is it. As it is now, there is no redeeming reason to give him any break at all in his sentencing, and life in prison is a very long time.