Both sides rest in attempted rape trial
by Shaka S. Lias
Dec 15, 2010 | 1963 views | 0 0 comments | 10 10 recommendations | email to a friend | print
There were lots of twists and turns Tuesday in the trial of Jamie F. Evans, the 22-year old accused of attempted rape, aggravated sexual battery, aggravated sodomy and battery. Many witnesses were called to testify, including the alleged victim, a 23-year-old who testified that on the night of April 8, 2009, she was assaulted by Evans when she let him in the apartment she shared with her younger sister on Old Mill Road.

According to the victim, she only knew of Evans through casual passing, but felt comfortable enough to allow him in to use their phone.

Questioned by Assistant District Attorney Rosemary Greene, the victim testified that she was home alone on the night of the incident, web surfing and video chatting on a vampire-related website. She said after Evans used the phone he was standing behind her watching comedy on the computer.

"I was watching a video then very suddenly felt something around my neck," the victim said, adding that it felt like fishing line.

The victim said she was then pulled by force to the floor, with the web cam still going.

The victim testified that she was eventually pulled down the hallway to her sister's bedroom as she fought against Evans.

"This is going to happen," the victim said Evans told her.

Once in the bedroom, the victim testified that Evans attempted to pull her pants and underwear off but was blocked by her shoes. She said he then took off her shoes, eventually removing her underwear and pants. The victim testified that Evans used his finger to sodomize her and vaginally penetrate her. She testified that she then asked him to use protection.

"I asked him to please use a condom," she said.

The victim said that Evans then turned her head around so that she could see that he was wearing a condom. She testified that he was impotent and penetrated her only with his finger.

The victim testified that Evans told her he had a gun at one point, but she never saw one. She testified that a loud banging occurring at the front door startled them, and Evans left through the back door and she ran to the front door.

She said her sister had returned home and she yelled, "He raped me! He raped me!"

When her sister asked her who, the victim replied, "Your friend, the big black guy with the blue bandana."

The sister testified that when the victim opened the door her face was red and she was only wearing a sweatshirt.

She also testified that the back door was open, she secured the back door and yelled upstairs for their mother who lived in a separate apartment. Meanwhile, the victim called 911.

When cross examined by defense attorney Marc Clark, the victim said that she wasn't sure who Evans was until she described him to her sister. She also testified that her clothes were taken off in the bedroom. But, according to former Cartersville police officer Brian Prather's testimony, the clothes were found in the living room.

When asked by Clark how the clothes got there, the victim replied, "I don't know."

Clark said he was confused by her testimony. "You told the officer he took [your] clothes off in the bedroom, but the clothes were found near the computer," Clark said to the victim.

"I have seizures; I have memory problems," the victim replied.

When asked by Clark if she ever tried to kick or scratch Evans, the victim replied no. Clark said he found it strange that the victim never tried to kick Evans, even as he removed her shoes.

He also questioned the victim about her sweatshirt. Asking her if she interviewed with officers with the same shirt she was attacked in.

"Yes," she replied, saying that officers took all her clothes except the shirt.

Clark questioned the victim about the identity of the person on the other end of the web cam when the attack initially started.

The victim attempted to answer the question before she began shaking on the stand.

"I'm going to be sick," she announced, before being passed a trash can where she began retching and crying.

During afternoon testimony, the defense called numerous witnesses, including Evans' grandmother who lives in the apartment complex where the alleged attack took place, additional officers who worked the case and Evans' current girlfriend.

The girlfriend testified that she allowed Evans to use her car on the night of the incident to go visit his grandmother. She also testified that she met the victim once before when she came to her house with a mutual friend and the four of them -- Evans included -- had a conversation about their sexual preferences.

A former property manger at the complex testified via telephone from Alpharetta that he saw the victim and defendant together at least twice, once walking around the apartments and once at the defendant's grandmother's house.

The jury also viewed the interrogation video of Evans the day of the assault at Cartersville Police Department. On the tape Evans admits that he had sex with the victim, but it was consensual. Evans said he also had sex with the victim about two weeks prior to the incident.

He said on the night of the incident he was in the apartment and that he asked her to have sex. When asked by the detective his exact words, he replied, "Hey, let me holler at you in the back."

Evans said at that point the victim willingly went to the bedroom with him.

The trial will continue this morning with Judge Smith presiding. The defendant announced Tuesday that he will forgo his right to testify.