The Herald Bulletin

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March 15, 2013

Teen eyewitnesses testify at Ohio rape trial

(Continued)

STEUBENVILLE, Ohio —

Cole testified he saw Mays unsuccessfully try to have the girl perform oral sex on him later in the basement of Cole's house. Cole also testified that the alleged victim was intoxicated and slurring her words.

On cross-examination, defense attorney Walter Madison suggested that the alleged victim was behaving no differently than anyone else the night of the party.

Madison, who represents Richmond, suggested that Cole was remembering events differently because so much attention was now being paid to what happened. Cole agreed with Madison's suggestions.

Cole testified he saw Mays and the girl asleep under a blanket on the couch later in the morning.

"Did anybody behave in a way to make you think that something was wrong?" Madison asked.

"No," Cole said.

Westlake, the second witness granted immunity, testified that he saw Richmond digitally penetrate the girl in the basement of Cole's house.

"Was she moving?" special prosecutor Marianne Hemmeter asked.

"Not at this time," Westlake said.

"Was she talking?" Hemmeter asked.

"I didn't hear anything," Westlake said.

Westlake said the girl appeared to be "pretty drunk" after a large party earlier that night. But he also testified that before the alleged attack in the basement he saw Mays and the alleged victim cuddling, hugging and kissing in the back seat of Cole's car.

Westlake also confirmed that he filmed a 12-minute video — later passed around widely online — in which another student, Michael Nodianos, joked about the attack. Women's rights groups have demanded that Ohio Attorney General Mike DeWine charge Nodianos with failure to report a crime. DeWine has so far refused to say what he'll do.

Westlake said he deeply regrets his actions that night.

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