SALISBURY, Md. — The verdict for the first count was read: Guilty.A gasp came from the courtroom gallery.
Then the same verdict was read four more times.
And loud sobs could be heard.
Jocori Scarborough, 18, of Delmar was found guilty Tuesday on all five counts he faced in connection with a May 5 rape of a fellow student at Parkside High School.
In addition to second-degree rape, a Wicomico County jury found him guilty of false imprisonment, second-degree assault, reckless endangerment, and disturbing or threatening a student.
Wicomico County Senior Assistant State's Attorney Karen Dean said in her closing argument that Scarborough forcibly had sex with the victim, who testified Monday. The Daily Times and USA TODAY do not name victims of sex crimes.
"She said no," Dean said. "She said no several times."
After the incident in May, the victim held it together, Dean said, but she showed more emotion once she got back on the bus from Parkside to Wicomico High School, where there were people she knew. She used her friend's cellphone to try to call her father.
"(The victim's) account is all you have to believe to convict the defendant," Dean said.There was also DNA evidence that they had sex, Dean said, noting that Scarborough's DNA was found on the victim's underwear. Defense attorney Eddie Gonzalez said his client hadn't denied Scarborough and the victim had sex.
In his closing argument, Gonzalez went over all the levels at which Scarborough would not be able to be found guilty beyond a reasonable doubt. Even if the jury felt Scarborough was probably guilty, that isn't enough under the standard, he said.
He said the victim didn't cry at the time of the incident, he couldn't see tears on close-up photos of her face later and there was no screaming.
The victim also wasn't injured, Gonzalez said, and while a nurse had testified it could have been because of her young age, he noted she did say that sometimes victims have injuries.
The victim said she was forced to have sex, yet Scarborough had asked for a kiss earlier that morning; and she said she didn't want to go in the bathroom with him to have sex, but she later went up to him in the hallway, Gonzalez said.
And the girl didn't report the incident to four school employees at Parkside she came across, he said.
"All you have to do is find one reasonable doubt," he said. "Beyond a reasonable doubt."
Dean said the victim wouldn't have had anything to gain from lying. She didn't get caught doing anything, she went through a lengthy exam and police interviews, and then gave her testimony in front of a large group of people in the courtroom gallery.
She said there's a stigma about being a rape victim, with almost everyone assuming the victim is lying.
The jury deliberated Tuesday for about an hour-and-a-half before coming to its verdicts.
Wicomico County public schools spokeswoman Tracy Sahler offered this e-mailed statement after conferring with Superintendent John Fredericksen:
"We are appreciative of all the diligent and cooperative work of school administration, law enforcement and the judicial system in support of safe schools. Providing a safe learning environment for our students and staff remains a top priority for Wicomico Schools.
"Jocori Scarborough is no longer a student of Wicomico County Public Schools, and has not been for several months."
A remaining gun charge –– possession of a regulated firearm by someone younger than 21 –– was severed from the other counts. It relates to a search warrant served at Scarborough's home May 6. Evidence was not presented relating to this count, and the jury was not tasked with making a decision about it.
Wicomico County State's Attorney Matt Maciarello said Scarborough is presumed innocent on that charge, which the state will be pursuing.
From USATODAY.COM
Posts
No comments:
Post a Comment