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Defense says exams don't show Walker Middle School student was raped

TAMPA — Nothing in two physical exams done on a boy who says teammates raped him with a hockey stick and a broom handle in the school's locker room indicate that an assault took place, defense attorneys said Thursday in court.

The exams occurred a month after the boy first told law enforcement that four teammates had raped him more than once at Walker Middle School.

"I want to know why you wait a month to do a physical exam," said Tim Taylor, an attorney for one of the students charged in the assaults. "That will be addressed later."

The Hillsborough State Attorney's Office didn't offer an explanation in court. A spokesman later declined comment.

Defense attorneys for all four teens wanted Hillsborough Circuit Judge Wayne Timmerman to order that prosecutors hand over all medical exams performed on the boy. Assistant State Attorney Kimberly Hindman said the only reports were for exams that took place June 2 and June 5. Defense attorneys already had those, she said.

The boy first discussed the rapes with authorities on May 6. That same day, deputies arrested the suspects: Lee Louis Myers, 14; Raymond A. Price-Murray, 14; Randall John Moye III, 14; and Diemante J. Roberts, 15.

Each of the teens faces adult charges of multiple counts of sexual battery. All are out on bond.

All of the suspects attended Thursday's hearing except Moye, whom the judge has allowed to live in Lake County with his father.

Also at the hearing, prosecutors agreed to prepare a list for each defendant, outlining his specific actions during each offense.

One matter left unresolved was whether the state must give defense attorneys their notes taken during interviews with the victim. Prosecutors said they've turned over everything the law requires.

Taylor, who represents Myers, disagreed on behalf of all defendants.

Timmerman told the defense attorneys to make their case for the materials by providing legal citation.

Defense says exams don't show Walker Middle School student was raped 07/23/09 [Last modified: Thursday, July 23, 2009 10:09pm]
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