CASTLE ROCK — The arrest affidavit detailing why Denver Broncos cornerback Perrish Cox was charged with sex assault should be unsealed because it will not affect his right to a fair trial, an attorney for several media organizations argued today in court.
“It is well past the point for the public to have access to that record,” said attorney Steve Zansberg, who is representing The Denver Post, Associated Press and the New York Times.
Douglas County District Court Judge Paul King heard arguments today from all sides and will issue a written ruling on the matter. It was not clear when the ruling will come.
Cox faces two felony charges of sexually assaulting a helpless victim unable to appraise her own condition. If convicted, he faces two years to life in prison.
Cox’s attorney, Harvey Steinberg, said if the affidavit is released, the media would sensationalize the case and that would interfere with his client receiving a fair and impartial trial.
“We know the impact and affect that release will have,” Steinberg said.
Steinberg called Fox 31 television reporter Heidi Hemmat to the stand. He asked her questions on how the media would play the story should the affidavit be released.
“In the Kobe Bryant trial, they released the affidavit,” Hemmat said. “If this were any other case, Mr. Steinberg, we’d already have the affidavit.”
Cox is scheduled to go on trial in October.
The alleged assault reportedly happened Sept. 6, 2010, and the woman notified police Oct. 28. Cox was arrested Dec. 9 and pleaded not guilty in May.
He is free on bond.
Attorney Craig Silverman, who is representing the alleged victim, sided with the prosecution and defense in arguing to keep the affidavit sealed.
“My client suffered a sexual assault by Perrish Cox,” Silverman said. “For my client, this is an intensely personal and private matter.”
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
