CASTLE ROCK, Colo. -- A judge ruled Tuesday that a videotaped statement by former Broncos cornerback Perrish Cox made in a holding cell can't be used at his upcoming sexual assault trial, but a written summary of his statements will be allowed.
The decision by District Judge Paul King dealt a blow to Cox's defense after his attorney had asked for the suppression of the video and another recording made while at the police department.
It was unclear why defense attorney Harvey A. Steinberg wanted the judge to toss out any of the recordings, which seem to help Cox in his defense. In each one -- a recorded phone call between Cox and the accuser, an interview with detectives at his apartment, and a 23-minute interview at the Lone Tree Police Department -- Cox denied ever having sex with or even touching the accuser. He repeated that again in the suppressed holding cell video.
"My strategy is to do the trial," Steinberg said, declining to discuss why he wanted to have the recordings tossed out.
An arrest affidavit said the accuser became pregnant, and DNA tests indicate Cox is the father.
Cox is charged with sexual assault against a person who was physically helpless and sexual assault against a person who was incapable of determining the nature of the conduct.
He has pleaded not guilty and is free on $50,000 bail. His trial is scheduled to begin Oct. 18.
Copyright 2011 by The Associated Press
