DNA found on a broom handle GW basketball player Attila Cosby allegedly used to sexually assault a 46-year old crack cocaine user matches a sample taken from his accuser, an expert testified Tuesday.
But, in his opening remarks at D.C. Superior Court, Cosby’s lawyer, Billy Martin, said Cosby used the broom handle found in his residence hall room to touch Kleenex that fell from the woman’s pants onto the floor but did not assault her with it.
Four of the prosecution’s witnesses, including a DNA expert, a doctor who examined the complainant and a Metropolitan Police officer, testified Monday and Tuesday during Cosby’s return to trial for an incident last summer.
A judge dropped felony charges against Cosby last July, citing among other reasons a lack of DNA evidence.
The U.S. Attorney’s Office re-opened the case in January charging Cosby with nine misdemeanors, including sexual abuse, theft and a weapon violation.
Cosby admitted last year to receiving oral sex from the complainant in his Guthridge Hall room after picking her up at New Jersey and P streets.
The prosecution alleges Cosby offered to drive the complainant to his room to test drugs and forced oral sex at gunpoint before forcing her to masturbate. According to prosecutors, Cosby then assaulted the woman with the broom handle.
Police found a gunlock but no gun in Cosby’s room.
The defense said Cosby picked the woman up for sex and not for drugs.
Once in Cosby’s room, Martin said, the woman began to perform oral sex on the basketball player. He said Cosby saw that she was bleeding and told her to leave. The woman removed her pants in Cosby’s bathroom and bloody facial tissues fell to the floor, Martin said.
Cosby used the tip of the broom to point to the tissues and told the woman to clean them up, according to the defense.
Cosby, who transferred to GW from the University of New Mexico, faces a maximum of 4 1/2 years in prison if convicted of all charges. D.C. Superior Court Judge Neal E. Kravitz will decide the verdict.
Dr. Frank Samuel Baechtel, a DNA expert who works for the FBI, testified Tuesday that biological material found on the tip of the broom handle matches the DNA of the complainant.
Martin said the woman smoked $50 of crack in three hours, and questioned the complainant’s credibility because she had falsely accused men of raping her in the past.
The prosecution also alleged Cosby stole a roll of quarters found in the Guthridge room from the complainant. The defense said the quarters were laundry money from Cosby’s godmother, Geneza Couser.
Officer Wendy Payne, who responded to a call from the complainant at about 7 a.m., said the woman was nervous and crying.
Payne said the complainant did not appear to be intoxicated – a statement the defense contested in its cross-examination.
A doctor who examined the complainant after the incident also said she did not appear to be intoxicated. Dr. James D. Perkins, who treated the woman at D.C. General Hospital, testified Tuesday that a pelvic exam did not reveal any abnormal bleeding or bruising. He said he did not ask whether the woman had used drugs.
Head men’s basketball Coach Karl Hobbs, who was present for the first two days of Cosby’s trial, declined to comment on the case.
Cosby also declined comment.
Martin said he expected the trial to last about a week.
While the case continues, Cosby is still a member of the basketball team, GW officials said.
“Nothing has changed until we find out what’s going on,” Athletic Director Jack Kvancz said.
Cosby returns to court Wednesday.