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Perrish Cox Sexual Assault: Trial Opens For Former Broncos Cornerback

Perrish Cox

By P. SOLOMON BANDA   02/27/12 01:14 PM ET  AP

DENVER -- Jury selection in the sexual assault trial of former Denver Broncos cornerback Perrish Cox began Monday, with opening statements expected this week and testimony from two current Broncos players possible later in the trial.

Police have said special teams player Cassius Vaughn and wide receiver Demaryius Thomas, who caught an 80-yard touchdown pass in overtime to beat the Pittsburgh Steelers in the recent playoffs, were at Cox's apartment around the time of the alleged assault in September 2010.

Vaughn, Cox's roommate at the time, told police he was sleeping, while Thomas said he had kissed the accuser but then left her alone when he determined she was intoxicated. Cox was at the apartment with his girlfriend, according to an arrest affidavit.

The accuser came forward Oct. 28, 2010, after she learned she was pregnant. She said she didn't file a complaint sooner because she wasn't sure she had been raped and didn't want to make unfounded charges.

Police arrested Cox after investigators said Cox's DNA matched a sample taken from the accuser. The affidavit said the woman was shocked when test results indicated Cox was the father.

The woman told investigators that doctors put the date of conception around the time she went to Cox's apartment with friends in the early hours of Sept. 6, 2010, according to the arrest warrant affidavit.

The woman said she has no recollection of most of that night and wasn't sure anyone had sex with her until she learned she was pregnant. She said she had not had consensual sex for several weeks before or after the date of conception reported by doctors.

The woman said she and Cox's girlfriend at the time had gone to a club Sept. 5, and they met Cox and Thomas. When the club closed at 1:30 a.m., they all went to Cox's apartment.

The woman said she believed she had been drugged because she felt unusually woozy after four drinks.

Cox has repeatedly denied having sex with the accuser. He has pleaded not guilty to one count of sexual assault while the victim was physically helpless, and one count of sexual assault while the victim was incapable of determining the nature of the conduct.

If convicted, he faces two years to life in prison. He has remained free on $50,000 bail.

A witness list remains sealed and prosecutors as well as Cox's attorney, Harvey A. Steinberg, have declined to comment on whether Vaughn and Thomas would testify. The accuser's attorney, Craig Silverman, has also declined to comment.

Cox, a former Oklahoma State standout was selected in the fifth round in 2010. He started nine games as a rookie. He was cut in September by the team, which cited his performance in training camp, not the pending charges as the reason.

Potential jurors were asked to fill out questionnaires on Monday and were scheduled to be questioned by lawyers for both sides on Tuesday.

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  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox, right, follows his attorney Harvey Steinberg into the courtroom Thursday, March 1, 2012, in Castle Rock, Colo. Both the prosecution and defense rested their cases Thursday morning, and the jury deliberated for about four hours before leaving for the day, after closing arguments concluded early in the afternoon. Cox is accused of sexually assaulting a woman in his apartment over Labor Day weekend 2010. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox rest his head in his hands as he waits in the courthouse cafeteria in Castle Rock, Colo., on Thursday, March 1, 2012, as a jury deliberated in his sexual assault trial. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox, left, talks on his phone as he walks the hallway with his uncle, Ron Davis, outside the courtroom in Castle Rock, Colo., on Thursday, March 1, 2012, as a jury began deliberating his fate at his sexual assault trial. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox, left, talks on his phone as he walks the hallway outside the courtroom in Castle Rock, Colo., on Thursday, March 1, 2012, as a jury began deliberating his fate at his sexual assault trial. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox, left, talks on his phone as he walks the hallway with his uncle, Ron Davis, outside the courtroom in Castle Rock, Colo., on Thursday, March 1, 2012, as a jury began deliberating his fate at his sexual assault trial. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox talks on his phone as he leaves the courtroom in Castle Rock, Colo., on Thursday, March 1, 2012, as a jury began deliberating his fate at his sexual assault trial. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox arrives at the courthouse where he is on trial fin Castle Rock, Colo., on Wednesday, Feb. 29, 2012. Cox has pleaded not guilty to one count of sexual assault while the victim was physically helpless and one count of sexual assault while the victim was incapable of determining the nature of the conduct. He faces two years to life in prison if convicted. (AP Photo/Ed Andrieski)

  • Harvey Steinberg, Attorney For Perrish Cox

    Defense attorney Harvey Steinberg talks on his phone as he arrives at the courthouse to defend former Denver Broncos cornerback Perrish Cox in Castle Rock, Colo., on Wednesday, Feb. 29, 2012. Cox has pleaded not guilty to one count of sexual assault while the victim was physically helpless and one count of sexual assault while the victim was incapable of determining the nature of the conduct. He faces two years to life in prison if convicted. (AP Photo/Ed Andrieski)

  • Demaryius Thomas

    Denver Broncos wide receiver Demaryius Thomas is shown at the courthouse in Castle Rock, Colo., on Wednesday, Feb. 29, 2012, where he is scheduled to testify in the sexual assult trial of former Denver Broncos cornerback Perrish Cox. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox, left, arrives at district court with his attorney Harvey Steinberg= where Cox is on trial in Castle Rock, Colo., on Wednesday, Feb. 29, 2012. Cox has pleaded not guilty to one count of sexual assault while the victim was physically helpless and one count of sexual assault while the victim was incapable of determining the nature of the conduct. He faces two years to life in prison if convicted. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox arrives at the courthouse where he is on trial in Castle Rock, Colo., on Wednesday, Feb. 29, 2012. Cox has pleaded not guilty to one count of sexual assault while the victim was physically helpless and one count of sexual assault while the victim was incapable of determining the nature of the conduct. He faces two years to life in prison if convicted. (AP Photo/Ed Andrieski)

  • Perrish Cox

    Former Denver Broncos cornerback Perrish Cox arrives at the District Court in Castle Rock, Colo., Friday, Dec. 9, 2011, for a pretrial hearing. Cox, a former NFL football player, is scheduled to go on trial Feb. 27, for sexual assault. (AP Photo/Ed Andrieski)

  • Perrish Cox

    FILE - This Jan. 7, 2011, file photo showing Denver Broncos football player Perrish Cox arriving at the Douglas County Justice Center in Castle Rock, Colo. Cox is due in court Monday, May 16, 2011where he's expected to enter a plea. (AP Photo/Ed Andrieski, File)

  • Perrish Cox

    Denver Broncos football player Perrish Cox, right, and his attorney Harvey Steinberg arrive at the Douglas County Justice Center in Castle Rock, Colo., on Friday, Jan. 7, 2011, as he arrives for a hearing in connection with the sexual assault charges that are pending against him.(AP Photo/Ed Andrieski)

  • Perrish Cox

    Denver Broncos football player Perrish Cox, right, and his attorney Harvey Steinberg arrive at the Douglas County Justice Center in Castle Rock, Colo., on Friday, Jan. 7, 2011, as he arrives for a hearing in connection with the sexual assault charges that are pending against him.(AP Photo/Ed Andrieski)

  • Perrish Cox

    Denver Broncos football cornerback Perrish Cox clears security at the Douglas County Justice Center in Castle Rock, Colo., on Friday, Jan. 7, 2011, as he arrives for a hearing in connection with the sexual assault charges that are pending against him.(AP Photo/Ed Andrieski)

  • Perrish Cox

    Denver Broncos rookie cornerback Perrish Cox is seen in a photo provided Friday, Dec. 10, 2010 by the Douglas County, Colo., Sherrif's Office. Police in a south Denver suburb say Cox has been arrested for investigation of felony sexual assault. Michelle Kivela, the public information officer for the city of Lone Tree, Colo., says Cox was arrested Thursday night following an investigation into an Oct. 28 incident. The case filing has been sealed at the request of the district attorney's office. (AP Photo/Douglas County Sherrif's Office)

  • Perrish Cox

    San Diego Chargers wide receiver Malcom Floyd (80) makes a one-handed catch as he dives for the ball in the second quarter of an NFL football game against the Denver Broncos, Sunday, Jan. 2, 2011, in Denver. Broncos cornerback Perrish Cox (32) defends on the play. (AP Photo/ Jack Dempsey)

  • Perrish Cox

    Denver Broncos cornerback Perrish Cox (32) loses his helmet as he is and teammate Robert Ayers, left, tackle San Diego Chargers tight end Kris Wilson during the second quarter of an NFL football game on Sunday, Jan. 2, 2011, in Denver. (AP Photo/ Barry Gutierrez)

  • Perrish Cox

    Denver Broncos cornerback Perrish Cox (32) breaks up a pass intended for Baltimore Ravens wide receiver Derrick Mason, right, during the first half of an NFL football game in Baltimore, Sunday, Oct. 10, 2010. (AP Photo/Gail Burton)

  • Perrish Cox

    FILE- In this Aug. 10, 2010, file photo, Denver Broncos rookie cornerback Perrish Cox looks on during NFL football training camp at Broncos headquarters in Englewood, Colo. Police in a south Denver suburb say Cox has been arrested for investigation of felony sexual assault. Michelle Kivela, the public information officer for the city of Lone Tree, Colo., says Cox was arrested Thursday night, Dec. 9, 2010, following an investigation into an Oct. 28 incident. (AP Photo/Jack Dempsey, File)

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