"At the root of this case is homophobic avoidance" and "masculinity"

 

Judge Lawrence Killoran finished hearing arguments on the 995 motion to dismiss charges  for alleged rapist Darius Upshaw this morning. He will issue a written ruling.

Upshaw is charged with 6 counts of oral copulation of an intoxicated victim. The alleged victims are two young male victims.

Mr. Russ Clanton is Upshaw's attorney. Deputy District Attorney Carolyn Schaffer is the prosecutor for the case.

Mr. Clanton mentioned the "John Doe penises" in his argument. 

Referring to the preliminary hearing and John Doe #1, Mr. Clanton said "during the alleged assault, he is pretending to be asleep. Pretending to be asleep is not the person is unconscious."

Regarding John Doe #2, "that particular victim, for the entire act he maintains an erection for 15 to 20 minutes," said Mr. Clanton. John Doe #2 maintained contact with Upshaw and was "not scared."

"At the root of this case is "homophobic avoidance" and "masculinity," said Mr. Clanton.

Ms. Schaffer said both John Doe #1 and John Doe #2 "woke to the defendant in midst of orally copulating them. The fact that they woke up does not negate what occurred before."

"The victims didn't consent to defendant's acts," said Ms. Schaffer. "Being young adults, they didn't have the wherewithal to object to the defendant's actions."

Trial confirmation is scheduled for January 21; jury trial for February 1. If Judge Killoran grants the defense motion, the order will vacate the jury trial.

Recent posts:

https://johnchiv.blogspot.com/2020/11/995-motion-for-darius-upshaw-continued.html?m=1