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First day of testimony

Druckenmiller trial: Alleged rape victim highly intoxicated

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Posted: Tuesday July 20, 1999 09:43 PM

Druckenmiller faces five years to life in prison if convicted. AP

CHRISTIANSBURG, Va. (AP) -- A woman who contends pro football player Jim Druckenmiller raped her while she was too drunk to stop him had consumed enough alcohol to render her unconscious that night, a witness testified Tuesday.

At 3:10 p.m. on March 4, about 12 hours after the alleged attack, the woman had a blood-alcohol level of .07 percent, said Dr. James Valentour, the state's chief of forensic toxicology. Under state law, a person with a level of .08 percent is considered intoxicated.

With a level so high that long after drinking, the woman's blood alcohol level would have ranged from .25 percent to .33 percent at the time of the alleged attack and could have caused her to pass out, Valentour said during testimony for the prosecution in Druckenmiller's rape trial.

Cris Whitaker, a forensic nurse, said the woman had bruises and abrasions that are typical of rough sex. Under cross-examination by defense lawyers, Whitaker acknowledged the victim could have been injured by the string of a tampon she was wearing during sex.

Druckenmiller, a backup quarterback for the San Francisco 49ers, is accused of forcing sex on a 21-year-old Virginia Tech student who passed out at a party in Blacksburg, where the school is located. The woman said she awoke to find the 6-foot-4, 240-pound football player on top of her.

Druckenmiller, a former star quarterback for the Hokies, faces five years to life in prison if convicted.

Melanie D'Amico, a member of the same sorority as the alleged victim, said the woman already was sick from too much drinking and vomited when they got to the party. She said Druckenmiller helped her put the woman, who was fully clothed, into a bed, and they left the woman in the room alone.

Cindy Barnette, a hospital emergency room nurse who treated and examined the woman, said the woman told her she recalled nothing from the time she and several friends left a Blacksburg-area bar together until she awoke with Druckenmiller.

Barnette said she asked the woman, "Did you scream or yell for help, and she said, 'No, I just let him finish."'

In opening statements Tuesday, Druckenmiller's lawyer, Deborah Caldwell-Bono, said the woman had consensual sex with Druckenmiller. "The evidence will show that she yelled 'get out' when her friends tried to get in the bedroom," she said.

Under cross-examination by Caldwell-Bono, Barnette said the woman chose to file charges after being told that rape examinations cost $1,800 for people who do not file charges but are free for women who take the case to prosecutors.

Barnette also said the woman was concerned about publicity that the case would get and because she had been seen dancing with and kissing Druckenmiller earlier that night.

In contrast to Caldwell-Bono's opening statement, Barnette testified that the woman told her it was Druckenmiller, not her, who told someone attempting to enter the bedroom to go away.

The trial is expected to last the rest of the week.

Druckenmiller is due in the 49ers training camp Monday.

 

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