Testimony in rape case to resume today


8/29/2008

By the Salina Journal

At the beginning of a taped police interview played for a Saline County jury Thursday, a 22-year-old Salina man claimed that he told a 13-year-old female acquaintance to go home when she showed up at his house and that she left alone on her bike.

By the end of the interview, though, he said he had used a condom in an encounter they had in the grass near Central High School.

The state rested its case in the rape trial of David J. Davis after playing the taped interview conducted by Salina police investigator Shawn Moreland.

The defense will begin presenting its case at 9 a.m. today in Saline County District Court.

Davis is accused of having sex with the girl, who was not of legal age to consent, on the night of July 10, 2007. The girl testified that she walked nearly three miles that night to Davis' house to hang out, after telling her mother she was spending the night with a girlfriend. She said she first met Davis at the municipal swimming pool, where they had talked and told each other their ages.

While the girl was at Davis' house, police officers went there looking for her. Her mother had determined she was not at her friend's house and reported her as a runaway, the girl testified. Davis told officers she was not there, and after officers left, the two of them began walking back to her house, she said.

While they walked, they began talking about sex, the girl testified. When they got to a dark, grassy area near the high school, she removed her clothing and they had sex, she said.

Attorney Richard Comfort, who represents Davis, questioned the girl about her knowledge of what constitutes sexual intercourse and the parts of the female sex organ.

"I know enough to put two and two together," she said.

She said she had taken a sex education class at school.





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