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Man charged in gang rape attack claims wind carried his DNA from beer can to condom

By Mason White 5:32 AM June 5, 2013
Marcelles Peter in court 

By: Sarah Weiss
(Scroll down for video) A man, who was arrested and charged with gang rape related charges after his DNA was found on a condom near the victim, claimed that the wind transferred his DNA from a beer can he was drinking onto the condom, according to court proceedings in California.

The lawyer for the man accused of raping a 16-year-old girl in 2009, told the court that the wind transferred the defendant’s DNA from a can of beer onto a used condom found at the crime scene.

Marcelles Peter, 20, went on trial this week for his alleged involvement in the October 24, 2009, attack of the girl outside of her prom in Richmond, California, in a brutal crime that shocked the nation.

Peter is among a group of six men and boys charged with assaulting the girl, who police said was raped repeatedly and severely beaten for more than two hours on a school playground, while 20 people were watching.

The victim, who is 5 feet 2 inches tall and weighs 100 pounds, was lured to a dark courtyard outside Richmond High School, where police said she drank a lot of alcohol.

After she refused sex with the attackers, authorities said she was raped, robbed and beaten unconscious. Police said at the time that the sexual assault was the worst they had ever seen. Although, up to two dozen people were watching the crime unfold, the attack ended when a woman in the neighborhood heard what was happening and called police.

The girl was found unconscious under a picnic table and airlifted to a hospital in critical condition. The victim has recovered and is expected to testify at trial.

Gordon Brown, Peter’s lawyer, told the jury Monday that the wind from the helicopter could have compromised the evidence at the crime scene.
Peter, who was a teen at the time of the attack, was charged as an adult.

A group of seven men and boys were arrested in the attack. The charges against one suspect were dropped for lack of evidence. Two of the defendants took plea deals to avoid a trial.Mobile video not loading? Click here to view