John Doe #1 finished testifying and John Doe #2 testified in alleged rapist. Then there was an unexpected and long interruption of the trial. Today, it was delayed again and will resume on June 29.
In court, while describing his ordeal, John Doe #1 testified that after he Upshaw orally copulated him, Upshaw was masturbating and watching porn befor he ejaculated on John Doe #1's face.
This information was revealed during trial which led to the People looking into the porn aspect.
Deputy District Attorney Carolyn Schaffer and Mr. Russ Clanton for the third time presented their arguments on porn internet searches found on Upshaw.
Mr. Clanton does not want it in but his inability and to look through the Cellebrite Reader is just an excuse. I know his investigator Cisco Lassiter has a basic understanding because he has testified. The software has a search function and is very user friendly to pull up searches. This trial is on recess for days. As Judge Kelly Neel said defense could have followed up on that claim.
Judge Neel had already ruled it is not late discovery and why. Ms. Schaffer already stated three times that defense already had the discovery months ago. "What is new is the lens through with which we look at the information."
"There doesn't appear to be a dispute whose phone it is," said Judge Neel. "I haven't heard anything to suggest anyone else had the phone. This is not late discovery. Things come up in trial unexpectedly. I can't fault the people on following up on something they were not aware of when that is something counsel for Mr. Upshaw should have followed up on."
The attorneys have requested court transcripts of John Doe #1 and 2 and the 402 witnesses before they decide who they are going to call. The court reporter does this, in addition to her regular court days. That is the reason for the delay.
Usually, I like to post chronologically. The trial was delayed due to the absence of alleged rapist Darrius Upshaw's attorney and several days before it resumed. I had taken detailed notes of the rest of John Doe #1 cross and John Doe #2's testimony and cross however the basic and relevant details have already been mentioned in previous coverage. None of the People's witnesses have been impeached.
The trial has been delayed again. I have already covered the testimony of the witnesses from the 402 hearing. I don't know what the EPD evidence tech is going to present.
Ms. Schaffer mentioned stipulation about the 402 testimony but then later mentioned those two witnesses may be called for a "fresh complaint and about the positions" Upshaw and the two alleged victims had in the fraternity.
Upshaw had the same pattern, the same behavior in his army case. Drunk male victims who he took advantage of while they were asleep and who woke up to Upshaw giving them a blow job. So far, have heard nothing about him having any intimacy or relationship with a consenting partner.
I have not mentioned Upshaw's racial preference for his alleged victims. It has not been mentioned by the prosecution. Race was mentioned by Mr. Clanton to deflect from his client's predatory behavior.
The alleged victims mentioned they were afraid of his position in the fraternity.
Depending on what porn he is in to and his preference for sex acts, race is relevant. In this highly polarized country and in PC Humboldt, race is also relevant as an intimidation factor.
Previous posts (jury trial coverage):
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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