Matthew Percy Trial

CBC News brings yo the latest from the Matthew Percy trial

    The complainant had to take medications to treat/prevent STIs at the hospital and she agrees that wouldn't have affected her memory. 
    Planetta asks if she was actively participating in the intercourse in the shower, saying anything and how long it lasted. She responds that she doesn't remember. 
    He also has been asking about ejaculation, she remembers it happened once in the bathroom but isn't sure about other instances. 
    Planetta: "You wouldn't have lied or misled the SANE nurses?" No.
    He proceeds to ask for the specific way Percy may have moved her hands during oral sex. Complainant has testified he was holding her down and choking her. 
    Re: the injuries she sustained, Planetta asks if her knees could've been from something else since she bruises easily. She agrees. He brings up that she doesn't remember if she had a fall during the night and that may have caused some of the bruises. She agrees that she doesn't remember if there was a fall. 
    Planetta asks complainant to agree that bruises aren't apparent right away after someone has sustained trauma to their body. She agrees. He then asks about her evidence that Percy made a comment about her bottom. Complainant says her skin was red and there was bruising. She's not sure if it just later became a bruise.
    Defence asking about whether friends saw the bruises. She says they may have and wouldn't object to testimony that they saw the bruises.
    Now he's referencing the police transcript of where she's describing her injuries. It says that she initially relayed that when Percy asked what happened she responded "he did some of it." 
    Complainant says she was "trying to be honest as I could" because he at least caused some of it. 
    It sounded like she just responded softly that she had been embarrassed and confused when she gave her statement, but it was hard to hear. 
    The complainant is now looking at photos taken of her body after the alleged assault. They're hard to see from the gallery. But she's pointing to areas and saying she believes that the bruising looks like fingers caused it. 
    Planetta: "It could've been a whole bunch of other things too?" "Right"
    Planetta asks how Percy slept in her bed. Was his arm over her? Spooning? She's not sure.
    Yesterday she testified about remembering curling up against the cool cement wall trying to get away from him.
    Defence asks about the text she sent to the number Percy left in her phone. She agrees that at that point she hadn't made a solid decision to go to police. 
    Defence suggests she talked to her roommates about the possibility of going to police. "Is it possible some of that discussion turned on the issue of whether it was consenual?" "It's possible."
    "When you sent the text to that number, were you hoping to have a conversation and get some information about what went on?" She responds she doesn't remember. Planetta says there are a lot of gaps in her memory. 
    Planetta returns to alcohol and asks if it makes the complainant more sociable, lowers inhibitions? She agrees. 
    "Have there been other occasions where you had troubles with your memory on a night where you were intoxicated?" Yes. 
    Defence now asking about the door the complainant came out of Cheers and where she planned to head. She was planning to go around the corner to say goodbye to a doorman. 
    [Full disclosure: even with google maps open I find I get confused in court any time directions come up in court so not going to attempt the details.]
    Planetta asks if Percy had to go back into the bar to get his jacket. She's not sure but agrees if that was the case, she waited for him. 
    Planetta is basically walking through the night -- back at the apartment you were kissing and removing each other's clothes. She says she doesn't remember.
    He says Percy asked her for oral sex and she proceeded. Complainant says she's not sure if he asked and says it did happen. 
    "At that time, while performing oral sex, outwardly you seemed to be a willing participant?" She repeats "seems to be" and then says "I don't remember."
    Planetta suggests there was sex on the bed and it appears she was an active participant. Complainant says "from an outer perspective maybe" but she doesn't remember. 
    Planetta suggests she said "take me" several times to Percy. She says she doesn't remember. Defence clarifies she's not denying, just doesn't remember. Right.
    Planetta suggests there was sex in different positions in the bedroom and that Percy asked her about anal sex and she consented. Complainant responds "I never ever said yes to that"  in court, louder than her previous answers. She's started to cry a bit. After defence suggests there was no further sexual activity, she says that is incorrect.
    Now court is adjourning for lunch. 
    Before heading out on lunch, Crown Rick Woodburn tells Justice Arnold he’s concerned that the defence kept asking if complainant’s statements to her friends and the SANE nurses were fulsome, without referencing specific statements she made to them. He’s worried the witness will not be in the province by the time the nurses and her friends testify, so they couldn’t go back to her to clarify the specifics about what she did or did not say. He’s worried this will affect her credibility.
    The complainant says she doesn't remember if she was speaking to one of her roommates after the alleged assault. Defence asks her if she ever said "maybe he just liked it rough" and the witness said she doesn't remember. 
    Peter Planetta asks what her roommate heard the night of Dec. 5. Complainant says she's not sure if her roommate ever heard her say no. 
    Planetta disputes characterization of going to the Toothy Moose for a beer, when the complainant testified she had a cider. She says it's still a drink.
    Complainant doesn't remember whether she told the SANE nurses about reaching for a condom. 
    Defence says she never mentioned anything about getting a condom to nurses, says she referenced Percy being on top of her and then them being in the bathroom. Woman says she doesn't recall what she said to the nurses. 
    Planetta: did you ever tell your roommate to say or not say anything when you spoke to police? 
    Complainant: I don't remember. 
    Defence says he has no more questions. 
    Woodburn is wondering about re-questioning the complainant, it sounds like about some of her previous statements. Justice Arnold says the lawyers could argue later whether the line of questioning is admissible. Now taking another half an hour break for lawyers to review some case law.
    Court back in session with the complainant back to answer further questions from Crown Rick Woodburn. 
    He directs her to a section of her interview with police where she described the anal sexual assault and made reference to saying no repeatedly. The complainant agrees that's what she told police.
    Woodburn refers to another section of the police statement where she referenced Percy holding her head while she performed oral sex and that he was choking her. 
    Planetta objects, saying re-direct questions to a wintess can't be new questions. Justice Arnold tells Woodburn to reconsider the way he's asking questions. 
    Planetta says he wanted to reference a transcript where the witness told police (or SANE nurses -- not entirely sure) that she wasn't sure if she'd been choked. Woodburn says Planetta is plucking a part of the statement but that the whole paragraph should be considered.
    Complainant now reading from her previous statement where she describes oral sex and how she felt Percy was choking her and she thought she'd throw up.
    Woodburn gets her to read another section of her police statement where she told them there was forced oral sex in her bedroom: "this was, like, scary and I didn't want that" she read for the court. Later she told police of Percy: "he got an aggressive tone and he said 'no hands.'"
    Crown asks complainant if she ever reviewed the police officers's notes. She says no. He also asks about whether she felt fully heard by police. Witness says police investigator "didn't seem engaged" and would sometimes cut her off, stop her and go back to another point. She says she may not have been able to finish what she was trying to get out. 
    "I feel like there are parts that I would have been able to get out if I wasn't cut off or redirected through my statement," she tells court. 
    She says police asked if she had anything else to add and then shortly after made reference to having everything that was needed. 
    Woodburn asks if complainant understood at the time that she would've talked to her friend and roommates whether she understood the notion of consent. Defence objects. Justice Arnold asks Crown to rephrase.
    Woodburn asks about bruising on complainant's backside and Planetta's questions about her comments that some of it was caused by Percy. "I believe it was all caused by Mr. Percy" she says.
    Crown also asks whether complainant ever fell at the liquor dome. She's not sure. 
    Re: consent -- "I know that I said no and he didn't stop." Woodburn's questions for the complainant have finished.
    Court is now adjourning until tomorrow morning. Crown expects to call two police officers tomorrow, and possibly SANE nurses if there is time.
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