A former Baylor football player convicted of rape in 2015 is back in court appealing that decision.
Samuel Ukwuachu has tried to get his conviction thrown out several times before.
The court ruled in favor of his first appeal to have a new trial in 2017, but a higher court later overturned that decision.
Wednesday’s new appeal centers on the prosecutions use of phone calls made by Ukwuachu’s roommate the night in question.
Attorney Bill Bratton from Dallas argued for a new trial of Samuel Ukwuachu and his conviction of a 2013 rape of another Baylor student.
A jury sentenced Ukwuachu to 180 days in jail plus ten years probation in 2015. He also had to register as a sex offender.
During the trial, Ukwuachu’s roommate testified he was at the apartment at the time the woman says Ukwuachu raped her.
The victim said she was screaming so loud that anyone in the apartment would have heard it, but the roommate says he didn’t hear anything.
The prosecution used phone records they say prove the roommate was not at the apartment at all.
But Bratton argued today the use of phone records was improper since they were not entered into evidence.
He also says the proscecution intimidated the witness by telling him before he testified that he could be arrested if the records proved he was lying.
The prosecution argued today the phone records weren’t in evidence but they could still question the witness about them.
They also said the witness was not credible anyway because he previously lied to the police about that night by saying he was in bed asleep at midnight, but he testified he and a friend were up at the aparment until about 2:00 a.m.
The defense ultimately said the phone records gave the jury a false impression of the witness and his testimony.