Published June 05, 2013
The father of an alleged gang-rape victim says he "buckled" when his daughter's alleged attacker called him from her cellphone, as testimony begins in the trial of two of the suspects.
It was 10:52 p.m. on Oct. 24, 2009, and the father of the16-year-old girl was waiting by his phone in case his daughter called him to pick her up from the Richmond High School’s homecoming dance.
His phone rang. The call was from his daughter's cell phone. He answered. It was a man's voice who said, in vulgar terms, that his daughter was great at sex, the father told a jury Tuesday at the trial of his daughter's alleged gang-rape, The Mercury News Reported.
The teen's father was the first witness called to the stand in the trial of Jose Montano, 22, and Marcelles Peter, 20, who both face life in prison if convicted in the gang-rape, the report said.
The father, who was identified as John Doe, described the anxiety he felt after the disturbing call when he called and texted messaged his girl and she did not answer. He also recalled the feeling he had when he saw police cars and when an officer called him by name.
"When he addressed me, I started to buckle because I had not given my name," he told the jurors, the paper reported. He recalled his daughter appearing badly bruised, her face swollen He remembered telling her that she was loved and to "hold on," the paper reported.
Meanwhile, a prosecutor says the two men charged in the gang rape helped others participate in the horrific assault.
The Contra Costa County prosecutor told jurors the two were part of a larger group of men who punched, dragged, robbed and urinated on the heavily intoxicated teen two years ago outside Richmond High School.
Montano's attorney Jane Elliot countered during the second day of trial that there are too many conflicting statements about her client's involvement to convict him. Elliot acknowledged Montano's DNA was on a condom wrapper and a can of alcohol at the scene but maintained it was not found on the girl.
The victim, 5-foot, 2 inches tall and weighing 100 pounds, was lured to a dark courtyard outside Richmond High School, where police say she drank a large amount of brandy. After she refused sex with her attackers, authorities say she was raped, robbed and beaten unconscious in a sustained sexual assault that some investigators called the worst they had ever seen. Though as many as two dozen people stood and watched, the attack ended when a woman in the neighborhood heard what was happening and called 911.
The girl, who some bystanders thought was dead, was found unresponsive under a picnic table and air-lifted to a hospital in critical condition. The victim recovered and is expected to testify at the trial.
Gordon Brown, Peter's attorney, told jurors Monday that wind from the helicopter could have compromised evidence at the scene and carried Peter's DNA from a beer can to a broken used condom found in the courtyard, according to the Contra Costa Times. Brown was not immediately available for comment when contacted Tuesday by FoxNews.com.
The Associated Press contributed to this report