Jan 23, 2015

Graphic testimony in Colby case outlines alleged abuse suffered by Jane and John Doe

Mr. Brownfield continued his closing with telling the jury that Jane Doe went into each assault with details. "She was asleep. Colby entered and locked the door. He lifted her feet, laid on top of her, grabbed her breast, kissed her neck and nibbled on her ear."

"He was trying to have sex with his daughter, he knew what he was doing."

Mr. Brownfield took the elements needed of forcible rape and related them to Jane Doe's testimony.

"He repeatedly asked his daughter to give him head. When she refused, he asked if he could eat her out."

There is an incident which allegedly happened after they returned from the river that Mr. Brownfield spoke about next. "He goes into her room, locks the door, pulls out a condom and says, 'I'm ready this time.' He pushes her on the bed, pulls her shorts down, she screams, pleads, fights, he doesn't stop. He only stops when his son knocks on the door."

Mr. Brownfield said that James Colby denied all allegations. The only independent witness was his own son testifying about knocking on the door and Jane Doe screaming and crying.

Then Mr. Brownfield pointed out inconsistencies in Colby's testimony. "He testified in court that Jane Doe was upset but he told Officer Ehler he did not know why she was upset. He testified in court thta he took over Jane Doe's phone because he thought she was texting boys. He told officer Ehler that she didn't have her phone." Earlier before closing, Officer Ehler was brought back to testify. In that testimony, he said that in a later interview, Colby said that he took away Jane Doe's cell phone as a punishment for losing her virginity.

Referring to character witnesses for Mr. Colby, Mr. Brownfield said that friends, neighbors were shocked but "no one knows what happens behind closed doors. We don't want to believe someone we like would do such things."

"When Jane Doe told her CWS worker the truth her life fell apart."

In contrast to Mr. Brownfield's closing, Colby's appointed counsel, Mr. Kaleb Cockrum did not refer to testimony or specifics. He did remind them that closing arguments are not evidence, he did go into what reasonable doubt is and that they cannot just believe one person, and even if they believed everything Jane Doe said, "that was not sufficient proof." He pointed out that Colby consistently denied allegations. he attacked the character of Jane and John Doe and said they "don't make sense."

He said Jane Doe gave pat answers, she did not have specific details about the abuse, which is contrary to what Mr. Brownfield said and Mr. Brownfield did provide specifics. Mr. Cockrum made statements to the jury about how they should interpret.

Mr. Cockrum did bring up two questions that were the strongest part of his closing. "Mr. Colby after being a foster parent for 10 years suddenly becomes a child molestor? Why bring up a whole family to live with you if you wanted these children alone?"  He is referring to the time that Jane's biological dad and family living with them. Mr. Cockrum forgets that in Colby's own testimony on the stand, it was unclear and the biological family was not there all the time, they were dependent on Colby as were the foster children and they were asked to move out and that was part of the reason Jane Doe was upset with him. These are Mr. Colby's own words.

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