High school football player, 18,brother, 20, charged with sexual assault of drunk boy who passed out

[aikoaiko]

17. It reads as a technical issue of law and the prosecutor can represent to the GJ again

Specifically, Moberly said testimony by Alaska State Trooper Samuel Webber, one of the investigating officers, regarding what another witness told him was hearsay — that is, Webber reporting second hand what a boy who had been at the party told him. That boy had taken a photo of the victim passed out, with two people standing next to him after the assault. The photo had been framed so that the faces couldn’t be seen. Although the witness had been called, he was not at the grand jury hearing. Moberly argued the district attorney’s office had plenty of time to line up witnesses.

At press time, Bauman had not released to the press his 15-page written decision. He said he wanted to wait on that while he reviewed private information regarding the witnesses and the victim.

“I say victim because I believe there’s a victim,” Bauman said. “It’s not an alleged victim, it’s a victim — which is not to say who is responsible for that victim, but there’s clearly a victim in the court’s view.”