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Tuesday, June 11
Updated: June 12, 9:12 AM ET
 
Russell's lawyers argue woman gave consent

Associated Press

ALAMEDA, Calif. -- Lawyers for Oakland Raiders defensive tackle Darrell Russell, accused of videotaping two of his friends raping a woman, said Tuesday that the woman was a willing participant.

Prosecutors, however, claimed Russell slipped her the ``date-rape drug'' which left the woman unable to consent to the act on the night of Jan. 31. The conflicting accounts came during the second day of Russell's preliminary hearing in Alameda County Court.

Russell is charged with 25 felonies as an accomplice. At the conclusion of the hearing, Judge Jeffrey Allen will decide whether there is sufficient evidence for a trial.

On Tuesday, one of Russell's attorneys suggested the 28-year-old woman, who was dating the two-time Pro Bowler, gave consent while riding in Russell's Range Rover from a San Francisco club to the house where the attack took place.

``How do you know you didn't give consent?'' attorney Cristina C. Arguedas asked the woman, who said she blacked out shortly after Russell mixed her a drink at the club.

``To my knowledge, I did not give consent,'' the woman responded. ``I don't recall what happened to me.''

Arguedas has tried to cast the woman as a ``groupie'' out for cash. The woman testified that she was ``seeing'' two other men along with Russell, including Seattle Mariners pitcher Freddy Garcia.

During the 21-minute video, which will be shown in court Wednesday, the woman appears to participate in the sex and also seems stupefied -- at one point looking at the camera in bewilderment, according to those who have seen it.

Jo Ellen Dyer, a toxicologist and expert witness for the prosecution, has seen the tape and said the woman's behavior and actions are ``entirely consistent with what you would see in someone under the effect of GHB,'' she said.

GHB, or gamma hydroxybutyric acid, is known as a date-rape drug for its ability to incapacitate people and leave them vulnerable. However, it clears the body quickly and often cannot be detected on toxicology tests so there's no scientific proof the woman was drugged.

Under cross examination, Dyer said the tape could also show that the woman was simply drunk -- though she would not have appeared so confused if, as she testified, she had only 2½ drinks.

The woman's best friend, Miriam Sanchez, said the woman appeared sluggish when they left the club. She also recounted events at Eric Johnson's house in the early hours of Jan. 31. Johnson is a teamate of Russell's

She said she saw two men -- Na'eem Perry, 25, and Ali Hayes, 27 -- emerge from a room where the woman was, and the pair appear on the videotape. She eventually found the woman, whom Russell carried to her car, and the two women drove home to Sunnyvale.

Russell, 26, is serving a one-year NFL suspension for violating the league's substance abuse policy. He has been free since posting bail Feb. 7.

Under California law, Russell could be found guilty of crimes committed by either of his two friends if he did not intervene. He had no comment Tuesday.




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