MONROE - A former Monroe man's trial for sexual assault charges continued through its second day Thursday as the prosecution and defense called into question memories, the meaning of slang and the effectiveness of wall insulation.
Derek J. Larosh, 29, of Rock Springs, appeared with his attorney, William Ginsberg, on two Class C felony counts of second degree sexual assault of an unconscious victim and through the use of force, before a jury of 12.
Assistant District Attorney Laura Kohl, appearing for the prosecution, opened the day by calling a former Monroe Police officer, Jacob Teasdale, as a witness.
Teasdale described his contact with the woman involved in the incident, calling her "very emotional and afraid."
Teasdale's testimony quickly triggered a conflict between Kohl and Ginsberg when the latter called for a mistrial after what he called inappropriate questions from Kohl.
Kohl, Ginsberg claimed, was guiding the witness into forwarding an argument for admitting evidence that had previously been refused into court. Green County Circuit Judge Thomas Vale denied Ginsberg's motion.
Kohl then called Chris Schindler, the owner of the Friendly Inn, the bar at which Larosh met the woman. Schindler confirmed security footage of the woman entering his bar with a friend in the early morning hours of July 27, 2014, and leaving one hour later with her friend and Larosh. Kohl also called a Department of Justice investigator to testify about how he retrieved the security footage.
Although the footage showed that the woman was capable of moving unaided when she entered the bar, she was noticeably impaired while leaving, and both her friend and Larosh were recorded assisting her.
Kohl then called the woman's friend as a witness. According to the friend, the woman had been drinking all day on July 26 before the two went to the Friendly Inn.
Once at the bar, the friend bought the woman drinks and the two went their separate ways until they encountered each other again on the bar's patio. The friend said the woman, now very intoxicated, fell down, knocking the two of them over.
Larosh was there, the friend said, and helped the two up before offering to help take the woman home. The friend, who said she was a longtime friend of Larosh's, agreed.
The friend said the woman was severely intoxicated as the three of them walked to Larosh's home, saying the woman fell down "quite a bit." While the three mingled on Larosh's home's porch, the friend requested cigarettes from a passerby but said that the woman did not smoke.
When the friend and Larosh determined that nobody would be able to pick up the woman, the friend suggested that the woman spend the night at Larosh's, she said. Larosh agreed and helped the woman into his bed.
Subsequently, as the friend was leaving, she told Larosh to sleep on the couch.
"I said that because I didn't want Derek to get in trouble, because I like Derek," the friend said.
The friend would later have a conversation on Facebook with Larosh wherein Larosh asked "omg what does your friend think i did to her?" When the friend replied with a description of a sexual act, Larosh responded "wtf."
Kohl called several other witnesses - the Green County Clerk of Court Barbara Miller, who explained Larosh's previous bonds; the nurse who examined the woman, who said Larosh's DNA was found, with scientific certainty, within the victim's orifices; and Monroe Police detective Sergeant Dan Skatrud, who interviewed Larosh.
Larosh then testified.
Larosh said that, contrary to previous testimony, the woman was conscious, verbal and walking after leaving the bar. When the three obtained cigarettes, all of them, including the woman, smoked them.
He also said the woman was conscious when he brought her to his bed and added that, because his father and daughter were in the room where the couch was, he slept in the same bed as the woman.
Larosh said that, upon going to bed, the woman began kissing him, which escalated to foreplay and then to sex. After some time, Larosh briefly left the room, returned, fell asleep again, and was awakened by the woman for more sex.
During the second incident, Larosh said he briefly covered the woman's mouth and told her "shhh," because he did not want to wake his parents. Larosh said multiple times that the woman initiated sexual contact both times and was enthusiastic and "into it" throughout the activity.
Kohl cross-examined Larosh, pointing out that Larosh's testimony contained significant details not present in his interview with Skatrud, including the nature of certain sexual acts the two performed.
Kohl also pointed out a Facebook conversation Larosh had with the woman after the event, when Larosh, in response to the woman's question "what did you do to me?" replied "nothing...lol."
"I meant that "I didn't do anything that you didn't consent to,'" Larosh said.
Ginsberg also called Larosh's parents. Although Larosh's father was unable to testify due to memory problems, Larosh's mother confirmed that she briefly encountered the woman before she left, and that the uninsulated drywall of the home would ensure she heard any screams from Larosh's room.
Kohl, however, asked Larosh's mother if she knew that the walls were uninsulated. Larosh's mother was unsure.
After the last witness testified, Ginsberg supplied the jury with two treatises about the effects of alcohol on memory retention, which the jury reviewed before court adjourned.
Ginsberg and Kohl will present their closing arguments today before the jury reaches a verdict. If found guilty, Larosh faces a maximum possible sentence of 50 years in prison.
Derek J. Larosh, 29, of Rock Springs, appeared with his attorney, William Ginsberg, on two Class C felony counts of second degree sexual assault of an unconscious victim and through the use of force, before a jury of 12.
Assistant District Attorney Laura Kohl, appearing for the prosecution, opened the day by calling a former Monroe Police officer, Jacob Teasdale, as a witness.
Teasdale described his contact with the woman involved in the incident, calling her "very emotional and afraid."
Teasdale's testimony quickly triggered a conflict between Kohl and Ginsberg when the latter called for a mistrial after what he called inappropriate questions from Kohl.
Kohl, Ginsberg claimed, was guiding the witness into forwarding an argument for admitting evidence that had previously been refused into court. Green County Circuit Judge Thomas Vale denied Ginsberg's motion.
Kohl then called Chris Schindler, the owner of the Friendly Inn, the bar at which Larosh met the woman. Schindler confirmed security footage of the woman entering his bar with a friend in the early morning hours of July 27, 2014, and leaving one hour later with her friend and Larosh. Kohl also called a Department of Justice investigator to testify about how he retrieved the security footage.
Although the footage showed that the woman was capable of moving unaided when she entered the bar, she was noticeably impaired while leaving, and both her friend and Larosh were recorded assisting her.
Kohl then called the woman's friend as a witness. According to the friend, the woman had been drinking all day on July 26 before the two went to the Friendly Inn.
Once at the bar, the friend bought the woman drinks and the two went their separate ways until they encountered each other again on the bar's patio. The friend said the woman, now very intoxicated, fell down, knocking the two of them over.
Larosh was there, the friend said, and helped the two up before offering to help take the woman home. The friend, who said she was a longtime friend of Larosh's, agreed.
The friend said the woman was severely intoxicated as the three of them walked to Larosh's home, saying the woman fell down "quite a bit." While the three mingled on Larosh's home's porch, the friend requested cigarettes from a passerby but said that the woman did not smoke.
When the friend and Larosh determined that nobody would be able to pick up the woman, the friend suggested that the woman spend the night at Larosh's, she said. Larosh agreed and helped the woman into his bed.
Subsequently, as the friend was leaving, she told Larosh to sleep on the couch.
"I said that because I didn't want Derek to get in trouble, because I like Derek," the friend said.
The friend would later have a conversation on Facebook with Larosh wherein Larosh asked "omg what does your friend think i did to her?" When the friend replied with a description of a sexual act, Larosh responded "wtf."
Kohl called several other witnesses - the Green County Clerk of Court Barbara Miller, who explained Larosh's previous bonds; the nurse who examined the woman, who said Larosh's DNA was found, with scientific certainty, within the victim's orifices; and Monroe Police detective Sergeant Dan Skatrud, who interviewed Larosh.
Larosh then testified.
Larosh said that, contrary to previous testimony, the woman was conscious, verbal and walking after leaving the bar. When the three obtained cigarettes, all of them, including the woman, smoked them.
He also said the woman was conscious when he brought her to his bed and added that, because his father and daughter were in the room where the couch was, he slept in the same bed as the woman.
Larosh said that, upon going to bed, the woman began kissing him, which escalated to foreplay and then to sex. After some time, Larosh briefly left the room, returned, fell asleep again, and was awakened by the woman for more sex.
During the second incident, Larosh said he briefly covered the woman's mouth and told her "shhh," because he did not want to wake his parents. Larosh said multiple times that the woman initiated sexual contact both times and was enthusiastic and "into it" throughout the activity.
Kohl cross-examined Larosh, pointing out that Larosh's testimony contained significant details not present in his interview with Skatrud, including the nature of certain sexual acts the two performed.
Kohl also pointed out a Facebook conversation Larosh had with the woman after the event, when Larosh, in response to the woman's question "what did you do to me?" replied "nothing...lol."
"I meant that "I didn't do anything that you didn't consent to,'" Larosh said.
Ginsberg also called Larosh's parents. Although Larosh's father was unable to testify due to memory problems, Larosh's mother confirmed that she briefly encountered the woman before she left, and that the uninsulated drywall of the home would ensure she heard any screams from Larosh's room.
Kohl, however, asked Larosh's mother if she knew that the walls were uninsulated. Larosh's mother was unsure.
After the last witness testified, Ginsberg supplied the jury with two treatises about the effects of alcohol on memory retention, which the jury reviewed before court adjourned.
Ginsberg and Kohl will present their closing arguments today before the jury reaches a verdict. If found guilty, Larosh faces a maximum possible sentence of 50 years in prison.