The Herald Bulletin

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March 13, 2013

Prosecutor: Ohio school rape victim didn't consent

(Continued)

STEUBENVILLE, Ohio —

Elayna Andres, a Steubenville High School student, said the 16-year-old girl was having trouble walking but never appeared to pass out.

"She went over by the door and she stumbled, and that's when the boys picked her up," she said. "She was conscious but she couldn't lift her head."

The other teen, Julia Lefever, said she had never seen her friend so intoxicated. She said she and the alleged victim were drinking a blue slush ice drink they laced with vodka they brought to the party and her friend later drank a beer.

Jacob Howarth, 19, a former Steubenville high school student, testified about the alleged victim's demeanor at a small gathering at his house that night. Richmond's attorney, Walter Madison, pushed Howarth in a graphic line of questioning to confirm that when the girl vomited in his bathroom, she was able to use the toilet and not leave a mess.

"Being drunk doesn't mean you don't know what's going on, right?" Madison said.

On cross-examination, prosecutor Brian Deckert got Howarth to agree that the girl was "stumbling, with a blank expression, and swaying back and forth."

Under questioning from defense attorneys, witnesses also gave examples of the alleged victim turning down friends' offers of help and agreeing to go with the defendants.

Pat Pizzoferrato, 17, a Steubenville high school student, testified that he was shown a picture of the victim on her knees with her pants off with the defendants nearby. "I though they just had sex with her," he said when asked by Hemmeter what he thought the picture showed.

That picture was never found and isn't part of the evidence before Lipps.

If convicted, Mays and Richmond could be held in a juvenile jail until they turn 21.

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