Former University of Minnesota football star Dominic Jones will still be known as the guy who took advantage of a passed out drunk woman near campus. The state Court of Appeals ruled today that they will not overturn the fourth-degree criminal sexual conduct conviction last year.
Jones was convicted after police retrieved a 37-second cell phone video of him masturbating over an 18-year-old woman who was passed out after a vodka shot-drinking contest with him and several other Gopher players.
More from the Star Tribune:
Jones' lawyer, Earl Gray, had argued to a three-judge panel in April that the conviction should be overturned because prosecutors allowed false testimony in Jones' trial last year.Testimony about sex with other men was not allowed during the trial because of a rape shield law that protects victims. The other men at the apartment weren't charged and the judges said the lawyer would have to prove the victim had made false allegations in the past to bring up her sexual history.
Gray argued that a police officer and the female victim both testified falsely that she remembered being in a drinking contest with another player but recalled nothing else until she woke up the next morning.
Gray contends she must remember having sex with three other players because she reported it to the officer. Assistant County Attorney Mike Richardson said the woman reported to the officer that the men raped her.
The incident happened in April 2007 after another player invited the victim and her friend over to their apartment near campus.