"James Colby tried to rape his daughter and molested his son. It is my job as Deputy District Attorney to prove to you that he committed a crime."
"You heard Jane Doe and John Doe. If you don't believe those two witnesses, your job is easy. It is not that simple. Jane and John Doe told you the truth."
Referring to the credibility of witnesses jury instruction they had just received from Judge John Feeney, Mr. Brownfield continued. "Why would Jane Doe lie to you? You heard some theories. Because James Colby took her phone away, she would say James Colby raped her? That is extreme. because he slapped her? To get him in trouble, all she had to say was that he slapped her. Why say that he raped her? We also heard Jane Doe was mad because he was going to have her biological family move out.
The defense theories that Mr. Brownfield refers to is testimony I was present for in the courtroom and James Colby said so in his own words when he testified.
Mr. Brownfield then told the jury that there were consequences for Jane Doe for speaking up. "She had to move out of her house, move away from her biological family, her family fell apart, she was placed in a different home, she didn't get the truck that Mr. Colby promised her. Things were going well for her." He asked the jury, why would she come forward?
Mr. Brownfield said that "Jane Doe's testimony is supported by Justin Colby, her brother," Justin Colby is James Colby's biological son. "Justin verified he heard her screaming, he knocked on the door. Jane Doe and Mr. Colby did not come out right away. It took five minutes. When the door opened, Jane Doe is upset and screaming."
"James Colby told Justin he was demonstrating what would have happened if she was alone with a boy. But he wasn't alone with a boy, she was with her father. He got on top of her, he groped her, tried to have sex with her."
"I won't lie to you," said Mr. Brownfield, "John Doe was not consistent with what he told the officer but he didn't lie. He told the truth. He is a 12 year old boy. He has been in foster care since he was 1. he moved from house to house. At least four or five houses. Nothing in John Doe's life was consistent. So how can he be consistent with you about time frames?"
At this point, I do not know if it was John Doe or Colby's own son sitting in court but his mother put her arm around him and later on as testimony went on and got into more details about alleged assaults, they left the courtroom and came back.
Referring to the incidents that John Doe testified about, Mr. Brownfield said "both times he was asleep. James Colby picked him up and and took him to bed. The things he told you, no 11 or 12 year old boy should know. There is no reasonable explaination. why he knew."
Mr. Brownfield said that John Doe said "wierd sticky stuff that was gross. We know it was Mr. Colby's semen. If someone had coached him, he would have said jizz or cum or semen."
"After the sticky stuff, James Colby rolled over and went to sleep." Mr. Brownfield said that John Doe described in detail the motion of James Colby moving his hand on his penis."
Mr. Brownfield brought up that both James Colby and his sister Dorothy Colby said that John Doe was truthful.
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