Closing arguments in videotape rape trial

  

March 3, 2006 (WLS) -- Closing arguments have begun in the videotaped rape trial of Adrian Missbrenner. The 20-year-old is accused of raping an intoxicated 16-year-old girl at a party in his home in December 2002. Missbrenner, 17 at the time of the alleged assault, is on trial in southwest suburban Bridgeview.

The defense began its case Thursday by calling Missbrenner's father and a codefendent, Christopher Robbins, to the stand. Missbrenner did not testify.

Missbrenner is one of four teens who allegedly participated in the group rape. Robbins, now 21, was acquitted in the case. A second man pled guilty to writing the slurs on the alleged victim's body and spent time in boot camp. The fourth suspect is on the run in Albania.

Judge: Alleged victim will not watch tape

On Wednesday, a judge ruled the alleged rape victim will not have to watch a videotape of the alleged assault. The judge threatened to hold the woman in contempt of court Tuesday if she did not watch the video, but backed off his decision.

The courtroom was packed with family members on both sides. While testifying, the victim, now 20, broke down several times and had to regain her composure. She was visibly relieved to find she would not have to watch alleged assault in the courtroom. On Tuesday, the judge threatened to hold her in contempt of court should she refuse to watch the tape and answer questions about it.

The judge met with members of the Illinois Coalition Against Sexual Assault and lawyers Wednesday morning before deciding the alleged victim would not have to watch the video.

"We drafted legal briefs, and drafted the constitutional issues of the crime victim, not having to be re-victimized by watching the salt on videotape," said George Acosta, victim's attorney.

"Anybody can understand that to be forced to watch on videotape a sexual assault of yourself, of someone that you love, would be horrible, chilling, awful event," said Kaethe Morris Hoffer, IL Coalition Against Sexual Assault.

During the cross-examination the victim broke down several times. At one point she stopped to wipe tears from her face. She told the judge she remembered throwing up at Missbrenner's home and cleaning herself up after that. She said she did not remember anything after that. She said she did not remember having sex, she did not remember being videotaped, she did not remember giving consent, and she did not remember being spit on or having someone write obscenities on her body.

When questioned more by the defense on why she did not report the rape, and what happened, she said, "There isn't a textbook on what to do after you're raped." The defense yelled back that there is a textbook after you had sex and regret it.

The jury will watch portions of the tape.

Missbrenner was convicted and sentenced for jumping bail and fleeing the country while awaiting trial in this case. If convicted, Missbrenner could face 30 years in prison.

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