Former second-year Broncos cornerback Parrish Cox, currently facing charges for sexual assault, was in court on Friday for a pre-trial hearing. His trial, originally scheduled to start on October 27, 2011, was delayed until February. Colorado criminal defense attorneys who are working for Cox have denied that Cox ever had sexual contact with the victim, though prosecutors say that there is DNA evidence proving that Cox is the father of the woman’s child.
Felony charges against Cox include sexual assault against a physically helpless person, and sexual assault against a person who was incapable of determining the nature of the conduct. Cox was arrested at his apartment in Lone Tree, CO, last December after the victim reported the alleged sexual assault, which she claims took place in September 2010.
The woman allegedly became pregnant as a result of the encounter, which led to the DNA tests that prosecutors claim prove that there was sexual contact between the two. The Broncos placed Cox on waivers in September, but claimed that the reason for his dismissal was due to on-field performance rather than as a result of the allegations against him. Cox is currently free on $50,000 bail after pleading not guilty to the charges against him.
Attorneys are currently at odds over what evidence can be used in the trial; recently a judge ruled that DVDs involving interviews with Cox could be used as evidence in the trial, although the DVD was never turned over to the District Attorney’s office. Detectives in the case called it a procedural oversight, but this led Cox’s Colorado criminal defense lawyer to file a motion of sanction against the department for a discovery violation in September. There were also, apparently, questions as to whether Cox was properly read his Miranda rights before being questioned, and whether he was informed that he was being interviewed as a witness.