INDIANAPOLIS, Ind. (Aug. 31 2015) -- The trial for a former Indianapolis Colts linebacker accused of rape began Monday in Marion county.
Josh McNary is accused of raping a women he met at a downtown bar last year. After selecting a jury of 11 women and two men including one alternate, both sides began opening statements and called the first witnesses.
The case appears to be a classic example of “he said, she said.”
Flanked by cameras, McNary ignored all questions while leaving court.
His attorney says the accused rapist wants to try the case in the courtroom and not in the media.
“We don’t have any comment at this point,” said defense attorney Ed Schrager. “We just have to let the jury do it’s thing. That’s been my opinion all along.”
The alleged sexual assault started with a meeting late last year at Tiki Bob’s bar in downtown Indy. That’s where McNary allegedly met a woman who had been out drinking at three different bars that night.
Both sides agree the woman and McNary came back to McNary’s downtown apartment where the pair began kissing, but after that the stories sharply differ.
Prosecutors told to the jury the alleged victim repeatedly tried to stop McNary’s sexual advances, telling him she was too drunk to have sex. McNary and his attorneys tell a different tale and argue the sex was consensual.
The defense also challenged the victim’s credibility describing her as a “troubled young woman who drinks too much.”
Just before opening statements, one of the male jurors had to be removed from the case and replaced with an alternate. No reason was given for the change.
The trial is expected to last most of the week.