MARTINEZ -- The alleged victim of a Valentine's Day 2010 sexual assault spent a second day on the witness stand Wednesday during the rape trial of two West County men, answering questions from defense attorneys attempting to highlight inconsistencies between her testimony and reports she gave to law enforcement officers and medical personnel.
The woman, who is not being named by this newspaper because she is the alleged victim of sexual abuse, testified at the trial of Derrick Ware and Robert McNeally, two of the three men prosecutors say offered the woman and a male friend a ride to the East Bay after a night of partying in San Francisco. Instead, prosecutors say, the men drove the couple to Richmond, where the women's friend was punched and left behind, and San Pablo, where she was assaulted. Ware and McNeally are charged with five felonies and multiple enhancements.
Under direct examination the woman, 26, said she had "maybe one drink" at a friend's house before going to San Francisco. She said she didn't remember drinking on BART, and drank "a shot or two and maybe one mixed drink" at Medjool, a club. Under cross examination from Howard Williams, representing Ware, the woman said she had "maybe" three shots at the club.
Christopher Martin, representing McNeally, read from a police report in which the woman said she had four shots before leaving for San Francisco.
"I truthfully don't remember taking four shots," she told Martin.
The attorneys challenged her version of the sequence of events during the attack. They also asked if she purposely withheld information regarding a DNA sample taken during an examination after the incident. DNA from the three alleged attackers was recovered, as was a sample from an unidentified contributor.
Williams asked if she initially withheld the name of the fourth contributor, a friend with whom she had consensual sex, because she didn't want her ex-boyfriend, with whom she eventually reconciled, to find out.
"No," the woman said.
The trial continues Thursday.
Contact Gary Peterson at 925-952-5053. Follow him at Twitter.com/garyscribe.