"He said he could make me feel really good from this position" "I told him it hurt, I told him to stop." Alleged rapes at HSU or consensual sex as defense claims?

The defendant is  Andrew Stone, who came to Humboldt County to attend HSU. Today, with his mother and grandmother present in the courtroom for a preliminary hearing that lasted almost 4 hours, Stone listened as two former acquaintances, Jane Doe and Jane Roe testified that he raped them and would not let them leave his apartment. Both incidents occurred in February 2015. Both victims knew Stone through his roommate Leon, who they were friends with but they had not met each other until they after they were both allegedly raped.

Jane Doe's testimony took up most of the preliminary hearing. She broke down a few times on the stand. Both victims said they were nervous, that was exhibited at times by nervous smiles and embarrassment when questioned about graphic and intimate details.

Deputy District Attorney Brie Bennett is prosecuting this case. Ms. Kathleen Bryson is representing Stone. Defense investigator Adam Laid assisted Ms. Bryson in today's proceedings. The defense during cross examination tried to raise the issue of consensual sex and that Stone could have misconstrued some of the women's actions.

Stone was charged with Count 1 forcible rape against Jane Doe, Count 2 sexual penetration by a foreign object against Jane Doe and Count 3 forcible rape of Jane Roe. Each count had a special allegation that there was more than one victim. After testimony ended in the preliminary hearing, Ms. Bennett acknowledged no evidence had been provided for Count 2. Stone was held to answer to Count 1 and 3. Judge Feeney said that that in this probable cause hearing, the People had met their burden of proof and reasonable guilt was shown.

Arraignment for information is at 2 p.m. on October 28 in Courtroom 4.

Jane Doe described the apartment in detail. Later during cross examination, she drew a map at the request of Ms. Bryson. Jane Doe said that she did have a "one night stand (with Stone) after she broke up with her boyfriend and that was consensual but on the night of the alleged incident she did not want to have sex with him.

On that night, February 22, Leon, a friend of Leon's and his girlfriend, Stone and Jane Doe were at the apartment drinking, She had some rum and plans for all of them to go down to the Mad River were cancelled because the guys wanted to drink. Leon "drank a lot and passed out." The friend and girlfriend were in Stone's bed. She was headed home but went out to the back patio to smoke a cigarette and saw Stone. They chatted briefly and then went inside because it was cold. They were near the heater in the hallway which is close to the kitchen.

Jane Doe said Stone made a comment, "If I ever wanted to have a one night stand, I know where to go." Jane Doe said she "laughed it off." She said she was not interested and felt uncomfortable and got up to leave. "He kept saying we could do it really quick in the kitchen. I just had a sense of dread."

At this point, Jane Doe teared up. Ms. Bennett asked her how she was feeling at that moment.

"First, shocked, surprised, then wanted to get out," said Jane Doe.

She said she grabbed her shoes, Doc Martens, tried to lace them, put them on and headed for the door. Jane Doe said Stone was "right behind me. He pulled me back. " At this point they were near the corner of the kitchen and the hallway. "He grabbed my arm. I lost my balance and fell on him."

Jane Doe said she pushed Stone away. "He grabbed my left hand. I said I have to go to go, I have class in the morning. Andrew said, you can miss it."

She said she repeated this a couple of times and he repeated his response. She said he kissed her on the mouth and that she kissed him back "in fear" thinking that if she did that he would allow her to leave.

They were struggling. "Next thing I know my pants were down." She said she tried to call out for Leon but she was not loud enough.

"He said we can have a quickie and he can put me on the kitchen counter." Again, she told him, "I gotta go." She said while this was going on, she felt "confused, scared, more like terrified. I don't think I've ever experienced something so numbing."

She said she tried to leave again and "he said he could make me feel really good from this position."

Ms. Bennett: Did he touch you with his hand?"

Jane Doe: "Yes."

Ms. Bennett: "Did he touch your vagina with his hand?"

Jane Doe: "Yes. "

Ms. Bennet then asked her whether his hand penetrated her vagina and Jane Doe responded, "His right hand slid against my vagina."

Jane Doe was crying on  the stand now and she said that she kept telling Stone she had to go, she said this at least ten times. Jane Doe said she said "no" at least three times "when he was in me."

Jane Doe said that Stone was grabbing her waist and "he entered me from behind." Ms. Bennett clarified what body parts and she said his penis entered her vagina. "I told him it hurt, I told him to stop. I leaned over to get him out of me. He finally heard me after the third time and he pulled out and spun me around and zipped me up and let me go."

Doe said Stone was not wearing a condom and he was holding her hips while he was having sex with her.

As she was leaving, they talked for "a quick minute. He said it could have been great." She said she responded in a joking manner, "Probably in your dreams."

"I walked back home and scrubbed myself," said Jane Doe. "I spent two days rationalizing everything." She said she told her roommate after her roommate told her that she had a similar experience with the same thing.

Ms. Bennett: "When you first went home, did you notice anything about your clothing?"

Jane Doe: "Cum stain on my red pants. Blood on my underwear. The blood was from me.  The way he positioned me, he tore me."

Jane Doe was crying and asked for a tissue.

She told Leon, who got her in touch with Jane Roe because they had similar stories. Jane Doe did not know Jane Roe prior Leon getting them in contact with each other. After speaking with Jane Roe, Jane Doe contacted campus police. The officer asked her to do a pretext text to Stone.

Ms. Bennett: Had you wanted to have sex with Mr. Stone that night?"

Jane Doe: "No"

Ms. Bennett: How were you feeling?"

Jane Doe: "Scared."

Ms. Bennett: "If it were not for him holding you and being scared, would you have ahd sex with him?"

Jane Doe: "No."


Then Ms. Bryson cross examined Jane Doe.

Ms. Bryson asked Jane Doe about Feb 6. Leon, Stone and Jane Doe were the only ones at the apartment and they were drinking.

Ms. Bryson: "Do you remember Leon pushing himself on you that night?"

Jane Doe: "No."

Ms. Bryson asked Doe if she found out later through Leon that Stone had sex with another girl and that this was after Jane Doe had consensual sex with Stone on February 6. Doe answered she knew. This was the "one night stand" Doe referred to in her direct testimony.

 Ms. Bryson also asked Jane Doe was "Stone was your first?"

Jane Doe said no.

Ms. Bryson then said, "You do not remember telling Officer Tompkins that Mr. Stone was your first?"

Jane Doe was shown the transcript of her interview with Officer Tompkins. She then said Stone was her "first."

Ms. Bryson then said, "So that was the truth?"

Jane Doe responded that she was human regarding her memory and "I had a boyfriend before. He never fully got in me so I did not consider that my first time."

Ms. Bryson asked Jane Doe if she wanted a romantic relationship with Stone. Jane Doe said no. Ms.
Bryson showed Doe the transcript.

"I called him cute and good looking but that does not mean I wanted a relationship,"  said Doe.

Ms. Bryson then brought up that Jane Doe got sick after February 6 and when Leon told her that Stone "slept around" that Jane Doe thought Stone had given her mono. "Were you angry," asked Ms. Bryson.

"I may have told Officer Tompkins I was angry because when you sleep with someone, you expect them to tell you what they have."

Ms. Bryson asked Jane Doe if she was jealous that Stone had sex with other girls and Jane Doe said no.

Ms. Bryson: "Between February 7 and February 22, you told Officer Tompkins you kissed Mr. Stone a couple of times?"

Jane Doe: "Maybe, when I was drunk."

Then Ms. Bryson questioned her about details of the February 7 incident asking if she performed oral sex on Stone and Jane Doe said yes, "that was all consensual." Ms. Bryson asked, "Did you give him a hand job?" Again, Jane Doe said that was consensual.

Then turning to February 22, Ms. Bryson said, "Mr. Stone was still erect when he pulled out so he did not ejaculate?"

Jane Doe confirmed Stone was erect when he pulled out of her.

Ms. Bryson: "So you assumed it was a cum stain?"

Ms. Bryson: "You never fought Mr. Stone?"

Jane Doe: "No."

Jane Doe in response to Ms. Bryson's question that Stone may have thought the sex was consensual, said "It could not be misconstrued."