Alleged rapist Darrius Upshaw testified today During cross examination by Deputy District Attorney Carolyn Schaffer, he provided a few more details but there was no impeachment or inconsistency. Whether that will happen after rebuttal remains to be seen.
People have at least one rebuttal witness, Rachel, who will testify when the trial resumes on July 13. She is the girlfriend of a fraternity brother who allegedly walked in on Upshaw and John Doe #1. That is what Upshaw claims.
Mr. Russ Clanton asked Upshaw if he was gay and if it was common knowledge at Chi Phi. Upshaw answered yes to both.
I am not wasting my time posting details of the bs testimony by someone who has already been tried once in the military for the same predatory behavior and taking advantage of intoxicated men. The cliff version is Upshaw claimed John Doe # 1 was gay curious and John Doe # 2 was bi curious. That both flirted with him, made out with him and the blow jobs were consensual. Upshaw said he was unable to ejaculate but he can orgasm. This is because of a medical procedure. Upshaw did not have medical records to substantiate this claim.. Upshaw's version sounds like his fantasy about both Does. John Doe #1 is talking about a girl he had sex with and this leads to him making out with Upshaw? Upshaw claims it was not him but John Doe #1 watching straight porn while Upshaw was giving him a blowjob?
At the time of the alleged incident, Upshaw was 29 years old and John Doe #1 was "22/23 years old."
Upshaw described a dinner at John Doe #1's house days before May 18, 2020. John Doe #1 testified he would cook dinner and invite friends and anyone was free to come over. He testified about a dinner when just Upshaw showed up.
In Upshaw's version, this was a romantic dinner because he was alone with John Doe #1. A rack of ribs and vegetables to Upshaw is a romantic meal for two; not dinner cooked and shared between friends who are fraternity brothers.
When asked by Mr. Clanton if John Doe #1 was flirtatious with him,Upshaw responded, "I don't know if it was flirtatious." Upshaw said John Doe #1 told him he liked rough sex and liked to have to have LED lights on when he had sex.
When asked if he flirted with John Doe, Upshaw said, "I am a flirtatious person but it wasn't overtly sexual."
This is a court trial so Judge Kelly Neel is the one who will decide whether Upshaw raped two fraternity brothers while they were intoxicated or if he is being falsely accused.
I don't know if John Doe #1 is gay curious or John Doe #2 is bi curious based on a court case. That is a private matter and only someone they confide in would be privy to something so personal. I do know from the evidence presented so far by both, the People and the defense, both Does were intoxicated. I believe they both woke up to Upshaw's mouth on their penis. I believe both Does did not want to have sex with Upshaw and were not attracted to him. They were violated by someone they trust. There is scientific evidence that sometimes rape victims experience arousal and orgasm. It is the body's response. It is not consent nor is it condoning the act of rape.
If this was two women accusing an older man who had power over them, what would you think?
Read their testimony, if you haven't already, for what happened and what led to the charges.
Upshaw corroborated many details provided by the People's witnesses and this post focuses on the incidents and Upshaw's version of what happened.
Upshaw has been through a military trial before on similar charges. There is a pattern. Just like this case, in his military case, he likes to get extremely intoxicated men in a vulnerable position and they wake up to him giving them a blow job.
He got to hear John Doe #1, John Doe #2 and the all other witnesses and evidence against him. Upshaw did not flinch. He was calm during cross examination. Was he genuine or was this well rehearsed? He is older and comfortable with his sexuality. The alleged victims are young college students who are not homophobic but heterosexual and this is from evidence provided during the People's case, including the defense bringing up a sexual meme John Doe shared.
Previous posts (trial coverage):
https://johnchiv.blogspot.com/2021/06/pornhub-hardcore-porn-and-detailed.html?m=1
https://johnchiv.blogspot.com/2021/06/porn-internet-searches-by-alleged.html?m=1
https://johnchiv.blogspot.com/2021/06/the-victim-has-had-his-life-on-pause.html?m=1
https://johnchiv.blogspot.com/2021/06/darrius-upshaw-jury-trial-schedule-in.html?m=1
https://johnchiv.blogspot.com/2021/06/porns-erections-masturbation.html?m=1
https://johnchiv.blogspot.com/2021/05/snapchat-fraternity-rituals-preference.html?m=1
https://johnchiv.blogspot.com/2021/05/person-who-took-video-of-john-doe-1s.html?m=1#more
https://johnchiv.blogspot.com/2021/05/i-had-never-heard-of-another-brother.html?m=1
https://johnchiv.blogspot.com/2021/05/hsu-chi-phi-unofficial-event-with.html?m=1
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