MARTINEZ -- The prosecutor in a Valentine's Day rape trial rebutted assertions by defense counsel that the alleged victim provided inconsistent statements to law enforcement officials, and he described the defense strategy as "fiction loosely based on reality."
The jury of nine men and three women in the trial of West Contra Costa half-brothers Derrick Ware and Robert McNeally got the case at 11 a.m. Thursday after the rebuttal argument of Deputy District Attorney Chad Mahalich.
Ware, 29, of San Pablo, and McNeally, 32, of Richmond, are charged with five felonies resulting from an incident that occurred in the early morning hours of Valentine's Day 2010. The pair, along with their cousin Dameon Spragans, met an East Bay woman and a male acquaintance in San Francisco after a night of drinking, according to attorney statements at trial.
The woman and her friend accepted what they believed would be a ride to their East Bay homes. Instead, McNeally drove them to Richmond, where the male acquaintance was ordered out of the car, and then to San Pablo, where the woman alleges she was assaulted by all three men inside McNeally's truck.
Defense attorneys argued the sex was consensual.
Spragans accepted a plea agreement for his role in the case.
Mahalich told the jury that the woman was traumatized when she first met with paramedics, doctors and police.
"She's just been the victim of sexual assault," Mahalich said. "She's going to be reluctant to share the gory details until she has to. On all the important and relevant points, she has been consistent."
Mahalich showed the jury photos of the alleged victim, her face bloodied and bruised hours after being left naked on a San Pablo street.
"Use your common sense," the prosecutor said. "This is not consent. There are three defenses to a sexual assault (allegation) -- ID, or 'I didn't do it,' 'nothing happened,' and 'it was consensual.' This case has always been an ID case, and they got caught."
Contact Gary Peterson at 925-952-5053. Follow him at Twitter.com/garyscribe.