More updates of the Orange County gang rape case. I love the fact that slander is now allowed in our court rooms and that defense lawyers are allowed to set up their own plasma television screen and make the rape victim watch herself on televison while then asking her if she likes doggy style sex.
Read the article here:
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Former porn star won't testify in gang-rape trial
Potential defense witness says tape is 'consistent with amateur pornography.'
DENIED: Sharon Mitchell, a former porn star who now runs a clinic that tests actors for HIV, watched the videotape at the center of the teen gang-rape trial in a court hearing Wednesday.
By RACHANEE SRISAVASDI and LARRY WELBORN
The Orange County Register
An ex-porn star will be prevented from telling a jury that she believes the videotape in the trial of three teenagers charged with gang rape looks like amateur pornography and that the girl in the tape appears conscious.
Sharon Mitchell, who has appeared in, directed or produced about 1,000 adult films, made various observations about the girl's appearance and actions as she watched the 21-minute encounter in a court hearing Wednesday.
Defense attorneys wanted Mitchell, now a clinical sexologist with a doctorate in human sexuality, to counter testimony from a drug expert who testified for the prosecution, saying the girl appeared unconscious on the video.
But jurors won't be hearing from Mitchell, the judge ruled.
"This is something the jury can make their own individual determination on," Orange County Superior Court Judge Francisco Briseno decided.
UPDATE
• Wednesday: A former porn star will not be able to testify that the videotape at the center of a gang-rape trial appears to be amateur pornography, Orange County Superior Court Judge Francisco Briseno ruled.
• What's next: Briseno will hear arguments today on whether Orange County Sheriff Michael Carona should be called as a witness. Briseno will also consider a motion by the defense to declare a mistrial.
• Background: Three teenagers are charged with raping an allegedly unconscious 16-year-old girl in an encounter recorded on videotape. Gregory Haidl, 18, Kyle Joseph Nachreiner and Keith James Spann, both 19, are charged with 24 felonies.
In court, Mitchell said the videotape of the sexual encounter was "consistent with amateur pornography" because the teenagers engaged in certain positions and used foreign objects - acts that are popular in pornography.
Mitchell also said the 16-year-old girl, referred to in court as "Jane Doe," appeared to be conscious because she seemed to brush her hair away from her face.
She added that the girl's positioning suggested she would have been awake.
"You have to have a degree of athletic ability to do this, and be conscious," she said of one act. Mitchell also cited a genre of adult films on the Internet that caters to the fetish of "people making love to people who are unconscious."
All in all, she testified, "I thought it was a very amateurish attempt at making a porn film."
Prosecutors insist the videotape documents a crime. Deputy District Attorney Dan Hess argues the now-18-year-old woman was given a mixed drink laced with drugs, then fell into a state of unconsciousness, rendering her unable to give consent to sex acts that followed.
Deputy District Attorney Susan Kang Schroeder called the effort by the defense to get Mitchell on the stand "another attempt to take the focus away from the action of their client."
Schroeder also contested Mitchell's opinion that Jane Doe made conscious movements. The tape, Schroeder said, "does not show intentional movements, but involuntary reflexes."
Mitchell, 48, now runs Adult Industry Medical Health Care Foundation, a nonprofit organization that tests adult actors for HIV and STDs. She is not a medical doctor.
Outside of court, Mitchell called Briseno's decision not to let her testify before the jury a "moral judgment," saying people do not recognize there is a growing subculture of teens engaging in group sex.
Mitchell said her clinic sees 1,200 actors each month, including about 300 new actors. About 90 percent of the new actors are 18 or 19 years old, she said.
"The fact is more and more kids want to grow up and be porn stars," she said.
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