Court trial for Darrius Upshaw started today. It did this morning with motions in limine. 1108 evidence will be allowed. Upshaw is ineligible for probation.
Upshaw, the two alleged victims and two potential witnesses were all members of the Chi Phi Fraternity at HSU. Another unofficial event at an off campus house with alcohol, an alleged crime that ends up in court. Chi Phi was suspended in 2015.
Judge Neel heard 402 evidence from one senior fraternity member Julio Armenta Munoz and is expected to hear more from Raul Barbosa's, the head of the fraternity chapter. This is about disclosure from the two victims. Upshaw was part of Epsilon and had authority to discipline John Doe # 1 and John Doe #2.
After the 402 hearing concluded this afternoon, Julio Armenta Munoz and Raul Barbosa's testimony will be allowed.
Upshaw is charged with 6 counts of oral copulation of an intoxicated victim. The alleged victims are two young male victims. Upshaw was a student at HSU at the time. Both alleged victims were HSU students; one has since left the state due to the alleged rape.
Deputy District Attorney Carolyn Schaffer is the prosecutor for this case. Mr. Russ Clanton is Upshaw's attorney.
Mr. Clanton revealed during questioning that Upshaw is gay. It was common knowledge at the fraternity and there was no homophobia.
I have included information regarding Upshaw's military case in previous coverage. There was reference to that case this morning about "whatever happening being set aside."
The allegations in that case are similar to the Humboldt case. Listed below is an excerpt from the apellate court.
"The appellant, a Hospital Corpsman Third Class stationed at Camp Pendleton, California, was tried for two unrelated allegations of sexual assault of male Marines. He was under investigation for sexually assaulting a Marine on 31 October 2014 when another Marine accused him of sexual assault on 1 March 2015. The two alleged victims did not know each other. Despite some substantive differences in the allegations, circumstances surrounding them were very similar. The appellant met both victims at the same Oceanside, California, bar. Both victims had been drinking for hours and were already very intoxicated when the appellant supplied them with more alcohol. When both victims were ready to sleep off their inebriation, the appellant offered them rides to the barracks and his apartment, respectively. Both victims awoke to either sexual contact or a sexual act. Both sought help escaping the appellant, displaying noticeable shock and distress to witnesses. "
HSU Press Release (September 2015):
Humboldt State University has suspended the Chi Phi fraternity as it investigates possible violations of the student code of conduct. During the suspension, the fraternity will not be allowed to recruit new members or to use campus services that are available for recognized student organizations.
The suspension follows discovery of a video that was allegedly shown to potential new members during a Greek recruitment event. The video shows what appears to be alcohol use during fraternity events as well as actions that could be construed as hazing. These activities are strictly prohibited by University policy and potentially violate state law.
In addition to suspending the organization, HSU has alerted the fraternity’s national organization about the situation.
The fraternity faces disciplinary action ranging from a warning to expulsion from campus. Individual members may face disciplinary action as well.
Recent posts:
https://johnchiv.blogspot.com/2021/05/what-is-happening-with-former-hsu.html?m=1
https://johnchiv.blogspot.com/2021/05/will-hsu-rape-case-resolve-waterfront.html?m=1
https://johnchiv.blogspot.com/2021/04/no-dark-days-allowed-for-jury-trials.html?m=1
https://johnchiv.blogspot.com/2021/04/former-hsu-student-darrius-upshaws.html?m=1
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