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Rolling Stone Trial: Defense Rests Its Case

Posted: Updated: Oct 31, 2016 06:19 PM
A federal courtroom in Charlottesville (FILE) A federal courtroom in Charlottesville (FILE)
Sean Woods and Sabrina Rubin Erdely leaving court in Charlottesville Sean Woods and Sabrina Rubin Erdely leaving court in Charlottesville
CHARLOTTESVILLE, Va. (WVIR) -

Closing arguments are set to get underway Tuesday in the Rolling Stone defamation trial. Attorneys for the magazine rested their case, and witness testimony ended Monday afternoon in the multimillion dollar defamation trial.

Lawyers arrived at a federal courtroom in Charlottesville at 8 a.m. Monday, October 31, to hash out some final details before the defense began presenting its case to the jury at around 9:30 a.m.

Rolling Stone published "A Rape on Campus" by Sabrina Rubin Erdely in its November 2014 issue. The article centered on "Jackie", then a University of Virginia student, who described being gang raped at the Phi Kappa Psi fraternity house in September of 2012. An investigation by city police in 2015 found no evidence to back up the claims made in the article. The magazine eventually retracted the article and apologized.

Nicole Eramo, then the associate dean of students at UVA, claims Erdely’s article unfairly portrayed her as indifferent to Jackie's plight and only interested in protecting the university's reputation. She filed a lawsuit against Rolling Stone, publisher Wenner Media, and Erdely. Eramo is seeking around $7.5 million in damages.

The defense called UVA Associate Vice President for Student Affairs Susan Davis to the stand Monday morning. Davis helped draft the university’s 2011 Sexual Misconduct policies.

Davis testified UVA sent documents specific to its knowledge of Jackie and Stacy's stories in November 2014 to the Office of Civil Rights (OCR). Last week, an editor with Rolling Stone testified that there were discussions over having Erdely’s article focus on Stacy, instead of Jackie.

"We provided all the information we had at the time," Davis told the court.

According to Davis, representatives with the Office of Civil Rights also reviewed cases from fall 2012 to spring 2014 as well. Jurors heard about an OCR review at UVA, and its findings indicated that the university did not promptly investigate a 2013 reported sexual assault and 2014 case.

Jurors then heard more from a September 2014 recording of Erdely, Jackie, her then-boyfriend Conner McGovern, and friend Alexandria “Alex” Pinkleton at College Inn. The defense played portions of that conversation, including parts where Jackie talks about her father.

Jackie told Erdely in that conversation that her father blamed her for the alleged gang rape at Phi Kappa Psi’s fraternity house. She said he was argumentative, often telling Jackie she was wrong and dumb as a child.

At another point in the conversation, Jackie seems to express concern for Eramo, at one point saying, "I'm worried about like her job security."

Jackie also said she had a plan to kill herself on December 12 of that year. She said she bought a rope to hang herself, typed up a will and drafted a suicide note, but stopped when friends said they would have to "put down" her cat Stella.

"There's always going to be another Friday night, and another fraternity party, and another girl," said Jackie during that conversation with Erdely.

Attorneys representing Rolling Stone were able to present their defense fairly quickly, and rested around 1:35 p.m. Monday. The magazine's legal team had the opportunity to put forth a lot of its evidence already during cross-examination over the past two weeks.

Erdely was called back to the witness stand for a rebuttal by plaintiff's attorney Libby Locke. Locke's questioning mainly focused on Erdely's notes and a recording that apparently shows confusion from Jackie over which fraternity was involved in her assault: There were several instances of the fraternity being called "Pi Phi" instead of "Phi Psi".

The author again told jurors that she never doubted Jackie's story, and believed it to be true for a number of documented reasons.

Sean Woods, who worked as an editor for Erdely’s article, took the stand again Monday afternoon.

Jurors were then excused for the day while attorneys and Judge Glen Conrad went over jury instructions.

The court will hear closing arguments Tuesday morning. The jury will then get its instruction before going behind closed doors and deliberating.

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