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A 27-year-old woman from Canada concluded a marathon of nine days of intense testimony in a highly-publicized trial for sexual assault involving five professional ice hockey players. Meanwhile, the jury was dismissed for the second time, adding yet another dramatic turn to the legal proceedings.
The accuser, whose identity is shielded by a court-ordered ban, recounted in court that Cal Foote, a former player for the New Jersey Devils, exposed himself naked and performed a provocative act known as “the splits” over her face, which seemed to be a form of entertainment, while others in the room recorded the incident.
“They were all laughing and thought it was hilarious,” the woman told the court. “It wasn’t funny to me. They were having a good time at my expense.”
In a note to the judge, a juror accused two of the defense attorneys of making fun of the jurors’ appearance.
Expressing her discomfort with the behavior of the defendants, the woman pointed out in a statement that they would openly stare at her, exchange comments in hushed tones, and laugh among themselves, particularly focusing on her appearance. She strongly criticized this unprofessional and inappropriate conduct in the courtroom.
The trial will now continue before a judge alone.
It’s the second time the trial almost went off the rails. A mistrial was declared last month after the judge ruled a lunch break interaction between one of the jurors and defense attorneys, which was seen by some jurors as an attempt to influence their opinions, made it impossible for the jury to remain impartial.
A new jury was chosen, but those nine women and five men are now off the case too.
The wild drunken group sex followed a gala in London, Ontario, celebrating Canada’s gold medal in the World Junior Hockey Championship, in which the five men — all future NHL players — competed.
The Devils’ Cal Foote and Michael McLeod, the Calgary Flames’ Dillon Dubé, the Ottawa Senators’ Alex Formenton and the Philadelphia Flyers’ Carter Hart have all pleaded not guilty and have said whatever happened that night was consensual. They are all on leave from the NHL.
But the woman claims she only went back to the hotel with McLeod, and that the other players were invited without her knowledge or consent.
The players each face one count of sexual assault, which carries a maximum sentence of 10 years in prison in Canada. McLeod is facing an additional charge of being a party to the offense of sexual assault and faces a maximum of 20 years behind bars.