photo by: Mike Yoder

The Douglas County Judicial and Law Enforcement Center, 111 E. 11th St.

The trial for one of two former Haskell Indian Nations University students accused of rape will continue into a second week as jurors deliberate over the case.

After two and a half hours of deliberating on Friday, jurors had not yet reached a unanimous verdict and decided to adjourn until Monday.

Prosecuting Attorneys Catherine Decena and Mark Simpson rested their case against the suspect, age 20, on Thursday while Defending Attorneys Sarah Swain and Cooper Overstreet rested their case on Friday.

The trial began last Monday for the 20-year-old suspect who faces two felony counts of rape and one count of aggravated criminal sodomy. The second suspect, age 21, faces felony counts of aiding and abetting attempted rape and two counts of rape; his trial is scheduled to begin July 25.

The two men are accused of forcibly raping a 19-year-old Haskell freshman in their dormitory room in the early morning hours of Nov. 15, 2014.

Both suspects were arrested that day and were later released from jail after posting a $75,000 bond. Both were expelled from the school.

Trial developments throughout the week are as follows:

• Monday: A pool of 12 jurors and one alternate were selected after they were questioned by Prosecuting Attorney Mark Simpson and Defending Attorney Sarah Swain. Discussion topics throughout the day included alcohol use, college life, opinions on law enforcement, national news and criminal histories.

• Tuesday: The woman accusing the suspects of rape testified to jurors that in the early morning hours of Nov. 15, 2014, she was left alone in the suspects’ dormitory room.

Initially the woman did not consider the situation unusual because the three had been friends for years, she said. However, the 21-year-old suspect soon turned off the room’s lights, locked the door and began kissing her against her will. When she cried for help, the 20-year-old suspect came over to the bed and held her down, she said. The two then forcibly raped her.

• Wednesday: Elaine Swisher, a Lawrence Memorial Hospital nurse who was responsible for examining the woman, told jurors she found blood and bruising the morning she was taken to the hospital. In addition, Swisher said she found discoloration on the woman’s neck, upper arms and left front thigh.

Certain photographs from the sexual assault examination were either darkened or out of focus, Swisher said. In addition, she said she failed to collect the woman’s underwear during her examination, despite hospital policies directing her to do so.

• Thursday: Stephanie Cline, a former forensic scientist with the Kansas Bureau of Investigations, told jurors the woman’s DNA was found on samples taken from the genitals of both suspects. In addition, Cline said the woman’s DNA was found on a used condom that was inside the suspects’ room.

An additional bed sheet tested positive only for the DNA of the suspect it belonged to, Cline said.

During the afternoon hours the prosecution rested its case.

• Friday: The defense called the 20-year-old suspect to the stand who told jurors he did have a sexual encounter with the woman, but that the incident was consensual. The woman then moved over toward the 21-year-old suspect’s bed, which is when the 20-year-old suspect left the room to give them privacy, he said. He was later arrested sleeping in his car outside after the woman told police she was raped.

Friday afternoon the defense rested its case and attorneys gave their closing arguments.

Simpson told jurors the physical evidence and much of the witnesses’ testimony supports the criminal charges. However, Swain argued that incomplete and untimely investigative techniques by police, nurses and scientists failed to prove her client’s guilt. After closing arguments, the case was passed to the jury for deliberation.

Jurors will resume their deliberations at 9 a.m. Monday.