Ira Schoffel is at the courthouse today and we will be providing live updates throughout the day. The updates will be right here.
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PLEASE GO HERE FOR THE AFTERNOON UPDATES ON THE TRIAL
LIVE UPDATES:
8:50 a.m. -- Dalvin, wearing a dark suit, is seated with counsel at the defense table. Trial expected to start in around 10 minutes.
8:58 a.m, -- Good bit of media here, but almost all local. Only national media I see is Andy Staples from SI.com. Of course, he lives nearby. And Jared Shanker from ESPN who is in town. ... Trial not starting right at 9. They're handling a couple of pleas from other defendants first. Shouldn't take real long.
9:15 -- Dalvin is not going to testify. So defense does not want his initial interview that was recorded by the police to come in either because he won't be able to defend himself. Attorney says that would force him to give up his constitutional right. Judge is deciding....
9:20 -- Both sides have agreed that they will not call witness Justin Rossi - apparently his statements were not seen as credible.
9:25 -- Judge is listening to the Cook recording to decide whether he should admit it into evidence.
9:30 -- Judge grants defense's motion and won't allow recording with Cook interview. But he reserved the right to revisit later.
9:35 -- Jury is seated and receiving instructions from the judge.
* Forgot to mention that the defense did not object to Da'Vante Phillips testifying. Again, as noted in our nuggets, the defense doesn't think he'll add anything important.
9:45 - Opening Statement from the State: She's talking through the night explaining the accuser's version of what happened. Da'Vante Phillips was hitting on her (not hitting her) and they got into an argument. She says then it escalated when they said they were football players. Said her boyfriend plays at Auburn.
She she said she was punched once then there was a melee.
She doesn't know how many punches were thrown. Dalvin pretty stoic through the prosecutor. She says the officers took pictures of bleeding lip. ... She says police showed her photos of FSU players at scene on tablet. She didn't pick Dalvin out. Says it was because she wanted to go home and the photos weren't big.statement. No real reactions.
She says they figured out it was Dalvin by looking at Travis Rudolph's social media page. Travis was only name they knew because they knew him before
Said she saw photo of Dalvin on Travis' social media page and that led her to his ID. Told police who did lineup for her and she picked Dalvin.
Prosecutor tried to excuse 911 call by saying accuser was "in shock".
Opening statement almost 20 minutes long. Patel up now for defense.
10:10 - Patel points out that girl didn't even request a bandaid after saying she was punched. He says accuser a few days later wanted to drop the case both others convinced her to pursue.
Patel's opening very brief - five minutes.
First witness: Madison Geoghegan (sp). The accuser says that was her first time at Clydes and That's why confused by location on 911 call. It was 18+ night at Clydes. She is 21, friend 19. Friend was drinking underage. Says she was "buzzed" when they left. "I wasn't sober".
10:15 - She says Da'Vante called her a "ho" and she replied "if I'm a ho, your mom's a ho." She admits she was going back at him loudly. That's when Dalvin approached. She says he was "nice" and asked her to calm down. Dalvin tells her Da'Vante got angry because his mother is dead. She said her and Dalvin talked calmly while Da'Vante was still yelling near them.
10:25 - She said Travis Rudolph then approached and started arguing with her. She pushed him out of her face - said he was inches from her face. She admits she pushed him hard and then he turned and walked away.
When Dalvin and the others told her who they were and to "Google" them she replied that "everybody is on Google." That's when she said she was punched.
She says she was looking at him (Dalvin) when he did it.
10:30 - After Cook allegedly hit her, she says there was a melee with guys trying to break it up. She said somebody swung at her again and that's when she and her friend fell back into the truck.
No reaction at all from Dalvin during this testimony.
She added that Dalvin's friends held him back but he was still trying to get at her. Says she's "not sure" if she was hit again after the first punch.
10:35 - She now says she was hit in the back of the head at some point but didn't see who hit her. After that she called the police and all the guys ran away.
She said that she was "in rage" and felt disrespected when she called 911. She has listened to the 911 call and you can tell she's had been drinking "those margaritas".
She testified for 30 minute on direct. Now there's a short recess followed by cross examination.
BREAK
10:55 - State isn't done just yet. Playing 911 call - jury listening.
11:00 - Accuser has her head looking down while listening to 911 call
11:05 - 911 call done playing.
She explained that while she said "players" hit her on the 911 call, it was only one. She says she refused EMS treatment because she just wanted to talk to the cops and tell them. Not go to hospital.
11:10 - She says it was Dalvin who said he'll be able to buy her in two years when he gets his contract.
They're introducing images of her busted.lip. I could see them.when showing defense attorney. Look red but didn't see any blood from what I could see. Accuser was crying during this.
Judge granting accuser 5 minute break because she is upset.
11:25 - Accuser says she got upset at photos because she was embarrassed.
Image was shown on big screen. Looks like there is some dried blood on chin - couple drops. In close up they pull her lip down and it looks like there's an abbrasion and red.
She admits she couldn't identify Dalvin from lineup. She told the officer "I'm not up for it right now"
Not real lineup but first photo lineup from FSU team site with the player photos
She says she was embarrassed about whole thing which is why she said she didn't want to press charges a few days later
"I just wanted it to be over"
She says she actually saw Dalvin at Mint a few days later. This was on Thursday. Sounds like it was there days after incident ... She said she didn't want to go out but was going for a friend who was a promoter at the event.
11:30 - She said she didn't drink that night and that Dalvin smirked at her like he was untouchable.
Next day her friend suggested she look at Travis Instagram. That's where they saw Dalvin and told police.
They're showing the photo that she identified him from ... It's a photo of 15 guys. She said she also sent the photo to her dad because "he's a big Nole" and thought he would recognize. Her dad responded that it looked like Dalvin Cook. Then she googled his name. After that she said she has no doubt it was him.
11:35 - She says she was able to recognize because she does makeup and she pays a lot of attention to bone structure and features.
State done now.
ACCUSER CROSS-EXAMINATION
Defense attorney (Joey McCall) is handling cross.
11:40 - McCall brings up that she first said 7 people attacked her. And that she was hit multiple times.
She says she didn't say that.
He's grilling her on that
Now bringing up that she twice told 911 that she didn't need.medical help. He shows her picture of lip again and says youre saying that a 215 pound football player hit you "multiple times" and that's all that happened?
11:45 - She says she was on phone with her boyfriend ... Tj Davis a football player at auburn ... When she made identification. But she says that has nothing to do with her identification.
McCall asks if she had two other.people help her make identification ... Her friend and her father, who wasn't there. She agrees.
11:50 - Defense bringing up the fact that she went to the Mint nightclub on Thursday ... Three days after incident. Even though she was so traumatized and still had a swollen lip
11:55 - And then after seeing him smirk at her, she called police next day and said she didn't want to press charges. She agrees.
Cross was about 18 minutes.
STATE RE-DIRECT EXAMINATION:
Noon - She says she's not a football fan even though she grew up in an FSU house.
Prosecutor asks if she knows if auburn and fsu play each other regularly. She says she has no idea. She doesn't know football. Patel sat back and kind of rolled his eyes. She asks if tj davis helped with identification. She says no.
12:05 - She admits "its really hard" to remember all the details when have had to recount incident several times to police and attorneys,
Accuser is off stand. Taking lunch break til 1:20 p.m.
BREAK
NOTE: FSU sent out a release around 1 p.m. noting that practice is now closed to the media. Jimbo Fisher was scheduled to talk to the media after practice but that will not happen now. My guess is that Fisher, Stan Wilcox and possibly president Thrasher want to talk over how they are going to handle Cook's status with the team after the verdict comes in. Fisher might have had a very small window between the verdict and when he had to speak to the media about Cook's status.
1:30 p.m. -- Court about to be back in session.
Before the jury comes back in, the prosecutor again is arguing to get Dalvin's recorded interview introduced. She is naming some case law that she says establishes precedent.
1:35 p.m. -- Judge Aikens again stands by earlier ruling. Dalvin recording not going to be entered.
1:40 p.m. -- Jury coming in. Next witness is the girl who was with the accuser on the night of the altercation.
PLEASE GO HERE FOR THE AFTERNOON UPDATES ON THE TRIAL
-----------
PLEASE GO HERE FOR THE AFTERNOON UPDATES ON THE TRIAL
LIVE UPDATES:
8:50 a.m. -- Dalvin, wearing a dark suit, is seated with counsel at the defense table. Trial expected to start in around 10 minutes.
8:58 a.m, -- Good bit of media here, but almost all local. Only national media I see is Andy Staples from SI.com. Of course, he lives nearby. And Jared Shanker from ESPN who is in town. ... Trial not starting right at 9. They're handling a couple of pleas from other defendants first. Shouldn't take real long.
9:15 -- Dalvin is not going to testify. So defense does not want his initial interview that was recorded by the police to come in either because he won't be able to defend himself. Attorney says that would force him to give up his constitutional right. Judge is deciding....
9:20 -- Both sides have agreed that they will not call witness Justin Rossi - apparently his statements were not seen as credible.
9:25 -- Judge is listening to the Cook recording to decide whether he should admit it into evidence.
9:30 -- Judge grants defense's motion and won't allow recording with Cook interview. But he reserved the right to revisit later.
9:35 -- Jury is seated and receiving instructions from the judge.
* Forgot to mention that the defense did not object to Da'Vante Phillips testifying. Again, as noted in our nuggets, the defense doesn't think he'll add anything important.
9:45 - Opening Statement from the State: She's talking through the night explaining the accuser's version of what happened. Da'Vante Phillips was hitting on her (not hitting her) and they got into an argument. She says then it escalated when they said they were football players. Said her boyfriend plays at Auburn.
She she said she was punched once then there was a melee.
She doesn't know how many punches were thrown. Dalvin pretty stoic through the prosecutor. She says the officers took pictures of bleeding lip. ... She says police showed her photos of FSU players at scene on tablet. She didn't pick Dalvin out. Says it was because she wanted to go home and the photos weren't big.statement. No real reactions.
She says they figured out it was Dalvin by looking at Travis Rudolph's social media page. Travis was only name they knew because they knew him before
Said she saw photo of Dalvin on Travis' social media page and that led her to his ID. Told police who did lineup for her and she picked Dalvin.
Prosecutor tried to excuse 911 call by saying accuser was "in shock".
Opening statement almost 20 minutes long. Patel up now for defense.
10:10 - Patel points out that girl didn't even request a bandaid after saying she was punched. He says accuser a few days later wanted to drop the case both others convinced her to pursue.
Patel's opening very brief - five minutes.
First witness: Madison Geoghegan (sp). The accuser says that was her first time at Clydes and That's why confused by location on 911 call. It was 18+ night at Clydes. She is 21, friend 19. Friend was drinking underage. Says she was "buzzed" when they left. "I wasn't sober".
10:15 - She says Da'Vante called her a "ho" and she replied "if I'm a ho, your mom's a ho." She admits she was going back at him loudly. That's when Dalvin approached. She says he was "nice" and asked her to calm down. Dalvin tells her Da'Vante got angry because his mother is dead. She said her and Dalvin talked calmly while Da'Vante was still yelling near them.
10:25 - She said Travis Rudolph then approached and started arguing with her. She pushed him out of her face - said he was inches from her face. She admits she pushed him hard and then he turned and walked away.
When Dalvin and the others told her who they were and to "Google" them she replied that "everybody is on Google." That's when she said she was punched.
She says she was looking at him (Dalvin) when he did it.
10:30 - After Cook allegedly hit her, she says there was a melee with guys trying to break it up. She said somebody swung at her again and that's when she and her friend fell back into the truck.
No reaction at all from Dalvin during this testimony.
She added that Dalvin's friends held him back but he was still trying to get at her. Says she's "not sure" if she was hit again after the first punch.
10:35 - She now says she was hit in the back of the head at some point but didn't see who hit her. After that she called the police and all the guys ran away.
She said that she was "in rage" and felt disrespected when she called 911. She has listened to the 911 call and you can tell she's had been drinking "those margaritas".
She testified for 30 minute on direct. Now there's a short recess followed by cross examination.
BREAK
10:55 - State isn't done just yet. Playing 911 call - jury listening.
11:00 - Accuser has her head looking down while listening to 911 call
11:05 - 911 call done playing.
She explained that while she said "players" hit her on the 911 call, it was only one. She says she refused EMS treatment because she just wanted to talk to the cops and tell them. Not go to hospital.
11:10 - She says it was Dalvin who said he'll be able to buy her in two years when he gets his contract.
They're introducing images of her busted.lip. I could see them.when showing defense attorney. Look red but didn't see any blood from what I could see. Accuser was crying during this.
Judge granting accuser 5 minute break because she is upset.
11:25 - Accuser says she got upset at photos because she was embarrassed.
Image was shown on big screen. Looks like there is some dried blood on chin - couple drops. In close up they pull her lip down and it looks like there's an abbrasion and red.
She admits she couldn't identify Dalvin from lineup. She told the officer "I'm not up for it right now"
Not real lineup but first photo lineup from FSU team site with the player photos
She says she was embarrassed about whole thing which is why she said she didn't want to press charges a few days later
"I just wanted it to be over"
She says she actually saw Dalvin at Mint a few days later. This was on Thursday. Sounds like it was there days after incident ... She said she didn't want to go out but was going for a friend who was a promoter at the event.
11:30 - She said she didn't drink that night and that Dalvin smirked at her like he was untouchable.
Next day her friend suggested she look at Travis Instagram. That's where they saw Dalvin and told police.
They're showing the photo that she identified him from ... It's a photo of 15 guys. She said she also sent the photo to her dad because "he's a big Nole" and thought he would recognize. Her dad responded that it looked like Dalvin Cook. Then she googled his name. After that she said she has no doubt it was him.
11:35 - She says she was able to recognize because she does makeup and she pays a lot of attention to bone structure and features.
State done now.
ACCUSER CROSS-EXAMINATION
Defense attorney (Joey McCall) is handling cross.
11:40 - McCall brings up that she first said 7 people attacked her. And that she was hit multiple times.
She says she didn't say that.
He's grilling her on that
Now bringing up that she twice told 911 that she didn't need.medical help. He shows her picture of lip again and says youre saying that a 215 pound football player hit you "multiple times" and that's all that happened?
11:45 - She says she was on phone with her boyfriend ... Tj Davis a football player at auburn ... When she made identification. But she says that has nothing to do with her identification.
McCall asks if she had two other.people help her make identification ... Her friend and her father, who wasn't there. She agrees.
11:50 - Defense bringing up the fact that she went to the Mint nightclub on Thursday ... Three days after incident. Even though she was so traumatized and still had a swollen lip
11:55 - And then after seeing him smirk at her, she called police next day and said she didn't want to press charges. She agrees.
Cross was about 18 minutes.
STATE RE-DIRECT EXAMINATION:
Noon - She says she's not a football fan even though she grew up in an FSU house.
Prosecutor asks if she knows if auburn and fsu play each other regularly. She says she has no idea. She doesn't know football. Patel sat back and kind of rolled his eyes. She asks if tj davis helped with identification. She says no.
12:05 - She admits "its really hard" to remember all the details when have had to recount incident several times to police and attorneys,
Accuser is off stand. Taking lunch break til 1:20 p.m.
BREAK
NOTE: FSU sent out a release around 1 p.m. noting that practice is now closed to the media. Jimbo Fisher was scheduled to talk to the media after practice but that will not happen now. My guess is that Fisher, Stan Wilcox and possibly president Thrasher want to talk over how they are going to handle Cook's status with the team after the verdict comes in. Fisher might have had a very small window between the verdict and when he had to speak to the media about Cook's status.
1:30 p.m. -- Court about to be back in session.
Before the jury comes back in, the prosecutor again is arguing to get Dalvin's recorded interview introduced. She is naming some case law that she says establishes precedent.
1:35 p.m. -- Judge Aikens again stands by earlier ruling. Dalvin recording not going to be entered.
1:40 p.m. -- Jury coming in. Next witness is the girl who was with the accuser on the night of the altercation.
PLEASE GO HERE FOR THE AFTERNOON UPDATES ON THE TRIAL
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