Lesser of two charges dismissed by court
Jurors heard today from Robert Bobby Hughes an account of a night that led to him being charged with committing a criminal sex act, as he took the stand as the first and only witness for the defense.
The ex-River Rat also described why he initially gave police a different account that did not include any sexual contact between him and the woman, saying he was embarrassed and fearful for his career.
"She was an older woman, I was a young kid. It just wasn't something I wanted out," he said.
Hughes said he met the woman at My Place, a bar in Delmar, and the two decided to go to his Elm Avenue apartment, where they had sex. Neither of the two was drunk, he said. Afterwards, he said he hinted she should leave.
"It was awkward, I didn't know what to say or do, really," he said. "I don't think she was too happy with meshe seemed annoyed."
The prosecution charges the woman was in state where she was unable to give consent. She testified she has an incomplete memory of the night and went to the hospital the following day.
Hughes initially provided police with a statement days after the 2008 incident in which he said he took her back to the apartment complex, where she stumbled out of the car in an extremely intoxicated state.
Hughes said he made the story up to mask the sexual encounter and fit to what detectives told him about the case, which at the time they said was an assault. His DNA was identified from a rape kit analysis the following year.
Assistant District Attorney Shannon Sarfoh questioned Hughes about that document at length.
"You don't want to get in trouble with outside, off the ice stuff and yet you sit down with officers and tell them a bunch of lies?" she asked.