CLEVELAND - During the fourth day of the rape trial for former WEWS sports anchor Terry Brooks, it was revealed Brooks’ wife and child were out of state to appear on “Family Feud” when the alleged crime happened.
Brooks was indicted on rape, attempted rape and kidnapping charges last August. The alleged incident happened Sept. 5, 2009, but was not reported to police until January 2010.
The case now rests in the hands of jury, which received its instructions Wednesday afternoon. The defense did not call anyone to the stand.
The prosecution rested its case at about 11:30 a.m. Wednesday, but not before a South Euclid police detective, a former co-worker from WEWS, and Brooks’ wife took the witness stand.
During testimony, Brooks’ wife, Nicole, said she was with their 2-year-old daughter and Terry’s parents in Los Angeles to appear on the game show, “Family Feud.” They were out of town from Sept. 4 to 7.
Prosecutors said it was during this time that Brooks and the alleged victim met for drinks at a bar in South Euclid before going back to Brooks’ home. The woman said she had four martinis in about a one-hour period at the bar, then rode with Brooks back to his home and was raped.
Brooks’ attorneys insisted the woman consented to the sexual activity, but prosecutors said she was too drunk to make a decision like consent.
A college friend of the alleged victim who worked with Brooks at the television station testified that she introduced the two, and she felt responsible for what happened. The friend said the alleged victim did not tell her about the incident until about three months later. It was reported to police a month after that.
Detective David Volek with the South Euclid Police Department testified that it’s always troublesome when there is a large gap between the time of the incident and when it’s reported. This makes it difficult to get physical evidence to support the case, he said.
The defense also argued Wednesday that there were substantial differences between what the alleged victim told police in January 2010 compared to what she testified to during this trial.
Nicole Brooks also told the courtroom that she investigated the alleged victim using social media. She said she searched the woman’s Facebook and Twitter postings during the time after the alleged incident, and said the woman’s behavior did not reflect what you’d expect of someone who had been raped.
Terry Brooks resigned from WEWS-TV shortly after the indictment was announced. He has said he's innocent of the charges throughout this case.
The jury left for the day at 4:30 p.m. Wednesday and will resume deliberations Thursday at 9 a.m. Keep checking newsnet5.com for the latest on this case.