A state appeals court ruled Thursday that former San Diego State University football players accused of gang raping a teenager at an off-campus house party will be allowed to use videos of the alleged encounter in their defense.
The 4th District Court of Appeal found the videos to be “highly relevant evidence that provide insight into what occurred” during the alleged incident “beyond the testimony of the parties.”
Attorneys for the woman, who was 17 years old and a high school senior at the time, have tried to keep the videos out of the hands of the defense. They argue that because she was a minor, the images are considered child pornography under state law and thus cannot be shared outside of criminal prosecutions. They have also said the images are just a fraction of the length of the alleged incident.
There are 12 video clips, each running between five seconds to less than a minute long. San Diego police discovered the images during a monthslong criminal investigation after the woman reported she was led into a bedroom and raped at a party held at a College Area home in October 2021.
As the criminal investigation was in the works, the woman filed a civil suit targeting some players — including NFL prospect Matt Araiza — and accusing them of rape. Prosecutors later declined to bring a criminal case, saying there was no path to conviction. But the civil suit remained in play. There was, at one point, five former players accused in the civil case.
In December, the woman dismissed Araiza from the suit. Araiza — who insisted he was innocent — is not in the videos. Araiza had reportedly left the party nearly a half-hour before the alleged incident in the bedroom. The allegations cost him his punting job with the Buffalo Bills. The other four defendants remain in the suit.
Last summer, the San Diego Superior Court trial judge presiding over the civil case said the players could use the videos in their defense. But that permission was temporarily on pause while the woman’s attorneys asked the appellate court for review.
The appeals court unanimously rejected the woman’s argument in Thursday’s ruling. Her attorneys did not respond Thursday to an email requesting comment.
The attorney for Nowlin “Pa’a” Ewaliko, one of the four remaining defendants, said he and his client are pleased with the ruling.
“The video clips depict consensual sex,” attorney Thomas Buckley said in an email. “Plaintiff’s appeal was a desperate attempt to keep this evidence from a jury and we’re confident that a jury viewing it will unanimously reject her false allegations.”
In agreeing to let the defense have access to the videos, the San Diego-based appeals court ordered access to and use of the videos to be tightly limited and controlled, and that they be destroyed after the proceedings, save for one the court will keep for purposes of appeal.
While the appeals court said the defendants could use the videos, it did not explicitly say they could be shown to a jury.
Araiza is no longer a part of the case, but it was his team that initially won access to the images in the trial court. Araiza’s attorney, Dick Semerdjian, said Thursday there is “sound argument” for the tapes be used at trial and said he thinks the opinion leans toward allowing them in.
The trial had been set for this month, but that date was vacated. Instead the parties will be in court next week, at which time it is possible a new trial date could be set.
It remains to be seen what will happen now that Araiza is no longer a part of the suit. His legal team had done much of the investigative and courtroom work for the defense.
As for the remaining four defendants: While Ewaliko has an attorney, another of the defendants is representing himself, another hasn’t filed a response to the lawsuit, and it’s unclear if the remaining defendant has an attorney.
