The defendant in a Modesto rape case agreed to waive time on his preliminary hearing Thursday in order to allow video evidence his attorney says proves sex with the alleged victim was consensual.
In May, Devon Bradford, 34, was arrested and charged with forcible rape and false imprisonment. The alleged crime took place in December.
The victim told police that Bradford, whom she didn't know, offered her a ride to a friend's house but instead took her to his apartment. She said she woke up naked the next morning and felt like she had been drugged.
That is when Bradford "brutally raped" and forced the alleged victim to orally copulate him, Deputy District Attorney Beth Owen said during a bail hearing last week.
San Francisco-based defense attorney David Cohen wanted the court to view a series of videos taken by the defendant the night before the alleged rape that "clearly shows discussions that display consent."
"The videos are compelling and demonstrate no crime was committed here," Cohen said.
No transcript of the video was produced for the court before the start of the scheduled preliminary hearing, which Owen said is necessary to understand what the alleged victim is saying. "They show the victim in four different stages of intoxication and her words are slurred," Owen said.
Judge Marie Silveira agreed, which prompted Cohen into a private discussion with his client.
When they returned from behind closed doors, Bradford agreed to waive his right to a speedy preliminary hearing.
The alleged victim, who was in court prepared to testify Thursday, wept in the embrace of a woman in the hallway before the hearing started. She will return Aug. 6 at 1:30 p.m. for the rescheduled hearing.
Bee staff writer Erin Tracy can be reached at firstname.lastname@example.org or (209) 578-2366.