CASTLE ROCK, Colo. – Jury deliberations will resume Friday morning in the sex assault trial of former Denver Broncos cornerback Perrish Cox.
The jury received the case just before 1 p.m. Thursday and adjourned at 5 p.m. without reaching a verdict.
Cox, 25, faces two counts of sexual assault involving a helpless victim. If convicted, he could face two years to life in prison.
During his closing argument, Cox’s attorney Harvey Steinberg tried to cast doubt on critical DNA evidence and the testimony of the accuser, telling a Douglas County jury “there’s too much missing” to convict his client of rape.
Prosecutors say Cox sexually assaulted and impregnated the accuser inside his Lone Tree apartment on Sept. 5, 2010 after a night of partying with her and several friends, including Broncos wide receiver Demaryius Thomas.
The accuser later aborted the fetus which, according to the prosecution, had DNA that matched Cox.
In his closing statement, Steinberg called into question the manner in which police handled DNA evidence and raised the possibility that several men, including Cox, may have had sexual contact with the victim.
Cox did not testify in his own defense.
Earlier in the day, as their final witness, prosecutors questioned Lone Tree Police Det. Steve Hipp, one of two detectives who interviewed Cox in Dec. 2011 after his arrest.
At the time, Cox denied having sex with the accuser.
“I never had sex with her,” Cox told the detectives. “I never raped nobody.”
When asked how the fetus could have matched his DNA, Cox replied, “I didn’t touch her,” “I never looked at her like that.”
Toward the end of the interview, Cox asked the detectives, “I’m going to jail?”
Cox: “Are you kidding me?”
Hipp: “Until you tell me the truth.”
Cox: “I told you the truth.”
During cross-examination, Steinberg asked Det. Hipp about additional statements Cox made to police, among them, Cox’s assertion that the only way he could have had sex with the accuser is if she “jumped” on him after he passed out.
As their sole defense witness, Steinberg recalled lead detective Shannon Jones who was questioned as to why text messages purportedly exchanged between Broncos wide receiver Demaryius Thomas, who admits to kissing the accuser, and the woman -which were later deleted- were never investigated.
He also revealed that the accuser’s clothing from the night of the alleged rape was never found.