By JAMES BELL
Hays Post
In the third day of the jury trial on allegations of suspicion of rape, aggravated criminal sodomy and aggravated burglary against Fernando Insaurralde Cantero, 21, Paraguay, the jury heard from the alleged victim and her roommate, who offered their accounts of what happened on the night of the alleged incident.
The victim’s roommate described the victim as her best friend and described to the jury events of her night, on the night of the incident.
The roommate said she had consumed alcohol in previous situations with the alleged victim and was familiar with her behavior while under the influence of alcohol.
On the night of the incident, she testified she had attended house parties and arrived at their dorm room, briefly speaking with the alleged victim before the incident took place.
She testified the alleged victim told her she had felt ill and was vomiting into a trash can in the dorm room while she was there, but was unsure if it was because of drinking.
When the roommate left, she told the jury she left their door room unlocked.
“I kind of put the blame on myself because of it,” she said.
After leaving the room, the roommate testified she did not return to the dorm room until between 7 and 8 a.m. the morning of the Sept. 20.
After she returned, the alleged victim told her a male had entered the room, but stopped her from going into details, because she was uncomfortable with the conversation.
She also said she could tell by her facial expression and tone that she “knew she wasn’t kidding.”
Despite knowing that something had happened, the victim told her roommate that she did not want to report the incident to police.
“She didn’t want this,” the roommate said, referring to a police investigation and the subsequent trial. “She didn’t want people to know.”
The roommate also testified that she will “lose it,” when discussing the case and that she “always comes back to this as the stressor,” noting her demeanor changes when discussing the case.
On cross-examination, the defense focused on a conversation between the victim and a friend overseas. That conversation indicated any sexual activity was consensual but later changed, telling the friend what actually happened, according to the alleged victim.
The alleged victim, during her testimony, said she finally told her friend because she could no longer keep the truth from him around the time of the Dec. 10 preliminary trial.
The alleged victim also told jurors that she had consumed at least 20 ounces of vodka between approximately 10 p.m. and 12:30 a.m. the night of the incident, testifying she was “very drunk.”
During that time, she testified she had attended house parities near Fort Hays State University, but could not recall any specific locations.
While she said she does not usually consume large amounts of alcohol, on that evening she rated her drunkenness a nine – out of a scale of one to 10.
After visiting parties, she testified she returned to her dorm floor lobby, going to her room after law enforcement arrived on the floor, partially because she was uncomfortable because she was “very, very intoxicated.”
Clearing up an earlier point of contention for the defense, she testified that, contrary to testimony at the preliminary hearing, she vomited while in her dorm room. The defense had frequently noted through the week her testimony seemed to change, saying she did or did not vomit during the evening. She testified she believed she was testifiying that she did not vomit before returning to her room, not after. Her roommate also testified she had witnessed the alleged victim vomiting in her dorm room.
After that visit, the victim testified she passed out.
When asked by Crystalyn Oswald, Assistant Ellis County Attorney, if she was “out like a light,” the alleged victim said, “That would match it perfectly.”
The alleged victim gave further details of what she said occurred, as she was in-and-out of consciousness and what little she remembered from Cantero’s time in the dorm room.
She testified that she thought that perhaps she was dreaming the situation, including the absolute lack of conversation between herself and Cantero, but as she realized the incident had in fact occurred, she was unsure what to do next.
“I was scared,” she said. “I didn’t really know what was going on.”
Testimony will continue at 8:30 a.m. Thursday.
