Florida State running back was charged with misdemeanor battery after allegedly striking a woman outside of a bar in late June. If you haven't kept up with the case a summary of the probable cause affidavit can be found here and the 911 call can be listened to here.
9:03: Trial is about to start. Cook is here with two lawyers. They are quickly adjucating two cases before the Cook trial.
9:07: Justin Rossi will not be testifying and his prepared statement will not be used.
9:09: Travis Rudolph, Deondre Francois, and DaVante Philli ps are to be called as witnesses.
9:15: Motion introduced by the defense to remove a taped conversation between Dalvin Cook and an officer prior to his arrest.
9:17: Judge is currently listening to the audio to see if it warrants being removed.
9:27: Defense is arguing that the tape goes against Cook's constitutional rights and that it would force hin to take the stand.
9:28: The judge has listened to the audio and has decided to grant the motion with the possibilty of revisiting it.
9:33: The jury has arrived. Four men and three women. All are caucasian.
9:39: The state is issuing their opening statement. The lawyer states that Cook punched the woman and busted her lip. The lawyer states that after the bar closed Da'Vante Phillips starts hitting on the woman. The two start arguing.
The lawyer states that Phillips brought over Dalvin Cook to continue the argument. The lawyer states that Cook tried to calm down the situation while Phillips was still upset.
The lawyer states that Rudolph got in her face and he was so close that she had to put him off. The lawyer states that the FSU players said they would be able to buy her in two years.
The lawyer then states that the players were saying to google them.
The woman responds and that Dalvin Cook hit her in the mouth. The rest of the players were holding Cook back. She dials 911 and Cook tries to hit her again.
After that the lawyer states that Cook and the other players ran away. The lawyer explains that the reason for the disjointed 911 call was that the woman was distraught.
The woman went to another bar a few days later and she identified him. The lawyer states that Cook smirked at the woman and that she was scared of him.
The woman was able to identify Cook with the help of her father who is a Florida State fan.
The woman and another witness went through Travis Rudolph's social media page and found a picture of Cook and then called the police.
The lawyer then states that Travis Rudolph andDepndre Francois had conflicting stories.
10:00: The defense is giving their opening statement.
The defense states that the woman required no medical attention after a man of Dalvin Cook's size punched her.
The defense states that the woman wanted to drop the charges.
The defense states that Cook never punched or attacked the woman at all.
The defense says that the woman will tell the jury was level headed and did not appear intoxicated.
The defense states that the woman asked Cook to walk her to her car.
The defense states that the other woman who witnessed the alleged attack was so drunk she could not form a coherent sentence.
The defense states that minutes after the incident neither of the women were able to identify any of the players on the Florida State roster.
The defense states that the state must prove their case above a reasonable doubt and he does not believe they can.
10:07: The state has called their the accuser as their first witness.
The accuser states that the woman she was with was underage drinking and that they were not ID'd.
She states that she left the bar at 2 AM. She says that she was buzzed and under the affects of alcohol.
She states that she was still able to understand her surroundings.
She states that she was approached by a tall black man with dreads and that they started arguing after he called her a "ho."
She states that Cook approached her during her arguement with who she later identified as Da'Vante Phillips.
She states that Cook tried to calm the situation down and that she didn't calm down.
She states that Phillips was still yelling at her while they were talking.
She states that she pushes Travis Rudolph because he was too close to her.
She states that Rudolph was yelling that her boyfriend was cheating on her.
She states that she pushed Rudolph hard. She states that he didn't move, but that he walked away.
She states that Cook asked why she had to push Rudolph.
She states that the group of players were yelling "Google me" at her.
She states that after the push they were arguing. That she doesn't remember exactly what was said, but that they were definitely arguing.
She states that she told her friend to go and Cook punched her. She states that it caught her off guard.
The witness identifies the man who punched her as the defendant.
She states that she fell into a truck after the punch.
She states that Cook tried to get away from his friends that were holding him back.
She states that she couldn't believe that he hit her and that she was angry and upset. Then kept telling Cook to hit her again.
She states that she's not sure how many punches were thrown or how many punches landed and that her friend got hit.
She doesn't know how many guys were holding him back, but she says it was 5-6 people.
She states that Cook continued to yell at her after.
She states that she was punched in the back of the head, but she was not sure who punched her.
She states that when she called 911 the guys left.
She states that you could tell she "had those margaritas" during the 911 call.
10:38: The court recesses. When they return the state will play the 911 call. The link to that can be found here.
10:56: The recess has ended. The 911 call is being played.
11:06: The call is over. The state is now asking the accuser about the call.
The accuser clarifies that only one player hit her not 5-6.
The accuser states that she was tired and didn't want to go to the hospital. She just wanted to tell her story.
The accuser said that being players they had the opportunity to have a contract in two years, but that they blew it.
11:12: State introduces pictures of the accusers injury.
The accuser is emotional and crying. The court is now in recess for five minutes.
11:17: The jury is now back.
Photo is being shown of the woman's injury. The woman has a busted lip. Split goes across the lip and it was bleeding. There does not appear to be any bruising around the area.
The woman has dirt on her knee. She is not sure when the dirt got there.
The accuser states that the side of her face was sore and that her lip was cut.
She states that she did not have any other cuts or bruising.
She states that after the photos the officer brought out pictures of the FSU football team and she was able to identify Travis Rudolph, but wasn't ready to identify anyone else.
She states that she didn't look through every photo, but that she wished she had.
She states that she had no idea what position Cook played or whether he was a starter.
She states that she was embarrassed and didn't want to tell anyone what happened until she was asked a lot about her lip.
She states that she told the police that she didn't want to go forward with the case and that she just wanted it to be done.
She states that she changed her mind after she saw Cook at Mint.
She states she did not drink that night and wore dark lipstick so no one could see her lip.
She states that she saw Travis Rudolph at the club and immediately started looking for Cook. They made eye contact and he smirked at her.
She states that after that she started trying to find out who he was.
She states that she still wasn't sure if she wanted to go forward with that.
She states that she identified Cook through his instagram page and sent the photo to the investigator and her father.
She states that she had never seen the photo before.
She sent it to her dad to see if he knew who he was. He text her back a day later and said that looks like Dalvin Cook.
She identified Cook from a photo lineup of six black men.
The state has concluded their questioning.
11:38: The defense is starting a line of questioning about the underage drinking and how much alcohol she had.
The defense is asking the accuser about the 911 call where she stated that she was hit by multiple people.
The defense is asking the accuser about how many times she was hit and where she was hit.
She stated that she was hit in the head so many times she lost count. The defense is highlighting that she didn't ask for medical assistance.
The defense is using the photos of the incident. Highlighting that there is no swelling or bruising after a 215-pound football player hit her multiple times and the only place that she had an injury was on her lip.
The defense tries to draw a connection between the accuser's boyfriend T.J. Davis, who was on the phone during the lineup and plays football for Auburn, and her identifying Dalvin Cook.
The defense drives home that she was not alone in her identification of Cook.
The defense makes the point that the ID identification was flawed because it did not include anyone else from the incident.
The defense states that even though the event had just gone on and she saw Cook at the club later that week she tried to drop the charges the day after she went to Mint.
The last thing that the defense highlights that she immediately said that their contract was gone right after.
11:58: The defense has concluded their questioning of the accuser.
11:59: The state brings up that the accuser was buzzed, but not wasted.
The state brings up that T.J. Davis had no bearing on the case at all.
The accuser states that the argument lasted 10-15 minutes, but that the physical violence only lasted for a second.
12:06: The accuser has left the stand.
The court has adjorned for lunch.
1:21: They're finishing up some of the smaller trials before they restart Cook's. Should be restarting very soon.
1:29: Cook has returned to the court room.
1:30: The state is trying to get the taped audio between Dalvin Cook and the police officer allowed back into the evidence.
1:34: The judge again rules that the audio will not be allowed into evidence. The state will be allowed to to asked the police officer what was said.
1:38: The state calls the accuser's friend who was there that night. She was the woman that was described as being wasted earlier by the accuser.
1:40: The witness states that Nyquan Murray was there as well.
She says she was very drunk and "feeling pretty good."
She says she can't remember what everyone was arguing about, but that she became involved in the argument.
The witness said the only ones that she new that were in the argument were Travis Rudolph and Dalvin Cook.
The witness said the person that hit her friend was 5-7, 5-8. That he was shorter than the other guys. Then she says that she doesn't know how tall they were.
The witness says that she was hit in the side of the head trying to take a punch from the accuser.
She doesn't know how many punches were thrown or whether they landed.
She says things went "blank" after she saw her friends busted lip.
She state's that they found Cook's picture on instagram.
The state has finished.
1:52: The defense is now crossing.
The defense is asking about other Florida State players at the bar.
The defense is asking about the underage drinking.
The defense brings up that she said she was very drunk.
The defense brings up that the witness said she couldn't remember how many drinks she had, but she can remember the punch.
The defense brings up that witness said that she was so drunk she couldn't write a statement that night.
"Just because i had a drink or two or three..." That's a quote from the witness.
The defense is hammering home that witness was so drunk that she couldn't write a statement, but can remember 60 days later exactly what happened.
The defense is finished.
2:02: The state redirects and provides her written statement from the night of the incident.
The witness states that she saw Cook punch her friend.
2:04: The police officer that was working off-duty has taken the stand.
Sgt. Robert Vrable is the witness.
He went in to the bar to be paid, but at the time that he left there was no issue or argument. Some smack talk.
Officer had no concerns at the time.
When he came back out there was a young female at his car.
He had been inside for five minutes.
He noticed that she had a busted, bloody lip.
He said he was told that a young man had punched her.
It happened right beside the governer's club.
He made sure that there was no immediate danger and a partol unit came and too the report.
2:11: The defense is cross examining now.
The police officer on the stand has not done any police work, but did not see Dalvin Cook do anything. He could not identify any of the parties involved.
2:13: The state is calling Officer Smidt who wrote the police report that night.
Witness states that she had a little bit of a bloody lip and that she had dirt on her knee.
Witness states that the accuser and her friend were both drunk. The friend being very drunk.
The accuser's statement was written very neatly.
The defense is objecting because they haven't seen the document and it's hearsay.
The accuser's friend's statement is very messy, and not very coherent.
The girls spent 90 seconds looking at the Florida State roster.
The girls made it very clear that Travis Rudolph was present, but did not get involved.
2:22: The defense is cross examining.
He is driving home the point that the state made for them that the accuser's friend was extremely drunk.
The defense is questioning that there is no report of them looking at the roster.
The officer did not see any FSU football players at the scene.
The defense is bringing up that the story changed from a group of football players that attacked her to just one.
The officer says that she didn't want any medical attention.
The accuser's friend did not say anything about being hit.
The officer says that it did not look like she got hit with a fist in the mouth.
2:30: The state is cross examining.
The state is trying to say that since he was being held back his punch wouldn't have had much on it, but fail to note that he was not held back on the initial punch per the accuser's testimony.
2:35: State calls an investigator with the TPD violent crime division.
Witness says the victim wanted to go through before she knew who Cook was.
There is no video of the surveillance video in this case.
The investigator showed the accuser a lineup including Dalvin Cook.
The accuser said she was 100-percent sure it was Cook.
The investigator interviewed Cook.
He said he didn't remember getting into a fight. He did not remember drinking that night. Cook did say that he was at that bar that night and left around 2. He didn't remember any argument.
When he was told the accuser said it was him he said "naw naw" after several seconds.
When asked if he hit anyone Cook originally said," I don't recall that." He would later say that it didn't happen.
The defense has objected twice. The first was sustained as leading. The defense has asked to approach the bench.
2:53: 15 minute recess.
3:08: The defense is getting an answer to their objection in a side bar.
3:21: Sidebar ends. Jury returns.
3:23: It looks like defense won the argument. There has been no mention of the audio recording since the questioning resumed.
The investigator said the accounts were inconsistent between Travis Rudolph, Da'Vante Phillips, Dalvin Cook, and Deondre Francois.
The investigator said Cook would not make eye contact and that there were several pauses in his statements.
3:28 Defense starting their cross examination.
Defense says that every thing the investigator knows about the incident is from what he was told. The investigator agrees.
There were inconsistencies between what the accuser and her friend said as well.
The defense is going in on the investigator for not being present of witnessing anything from that night.
The investigator said that he thought it was weird that the accuser asked Cook to walk her to her car.
3:37: The defense has finished6
3:37: State to start their redirect.
The investigator says there are big inconsistencies between the football players accounts.
3:40: Travis Rudolph heading to the stand. State called him.
3:43: Players were not drinking before they went to Clyde's.
3:43: left around 2 O'clock
3:44: None of the players had anything to drink.
3:48: Rudolph says he was struck in the back of the head and that Dalvin Cook walked him across the street.
3:49: Rudolph says the accuser was yelling "F*** you P***** N**** at him.
3:51: The state is getting a lecture from the judge at this point.
3:54: State has finished.
3:55: Defense askes whether Cook struck or hit anyone that night. Rudolph says no. That's the end of his questioning.
3:56: State calls Deondre Francois.
3:58: Francois says he doesn't remember what he was doing before hand.
3:59: Francois says he wasn't drinking.
4:00: Nyquan Murray was with them inside the bar, but was not with them outside.
4:00: Francois said the accuser was extremely intoxicated and he wasn't sure why she was so mad.
4:01: Francois said that Cook was trying to calm her down.
4:02: The accuser made comments about Da'Vante Phillips mother, who has passed away.
4:03: Rudolph was punched in the back of the head by the accuser.
4:07: State finishes their questioning.
4:08: Defense asks about whether they ran away. He said no.
Dalvin did not hit or touch anyone inappropriately.
4:09: That's it for Francois.
4:10: The state calls Da'Vante Phillips.
Phillips states that that he didn't have anything to drink.
Phillips states the Cook is like his brother.
Phillips states that he didn't see anyone have a drink.
Phillips states that they were dancing and clubbing. Not drinking.
Phillips felt threatened when the accuser said she was calling her brothers.
Saw Rudolph get punched in the head.
Phillips getting a bit salty with the State after she asks the same question multiple times.
"We play on the same team. We don't talk like girls,"-Da'Vante Phillips.
4:26: State has finished
4:27: Phillips states for the defense that Cook did not strike anyone.
4:27: The state is recalling investigator Frederico.
Francois and Rudolph didn't mention Phillips in the original interview.
The state is trying to enter in an audio recording of Rudolph's entire interview.
State trying to impeach Rudolph's testimony.
Rudolph said that there were no punches or swings were thrown.
Rudolph said he was never punched in the back of the head.
State is playing pieces of the audio from Rudolph's interview.
Rudolph said he saw no swings or punches.
Phillips says that Rudolph was hit in the back of the head.
The state has finished
4:48: The defense will cross examine.
Defense saying that as time goes bye people forget things. Notes that the investigator needed his report.
4:50: State saying that Rudolph not stating that he was hit is a big inconsistency.
Defense raises three straight objections to the line of questioning by the state and all are sustained. State moved on.
4:53: The state rests.
The Defense will only be calling one witness.
5:07: Defense calls Grant Jenkins, a finance major.
Witness ate at Madison Social, went to his house and played video games. His third friend came over and they decided to go out.
They arrived at midnight.
He did not drink that night.
He says he saw an argument and decided to watch. They can be pretty entertaining.
Four guys and two girls were arguing.
He describes Phillips as shorter than him. Around 6'1.
Describes Madison as a short black girl.
There was loud yelling from the girl. Not much from the guys initially. There was a lot of screaming.
It looked Phillips was arguing with the girl and then it was a free for all and then Rudolph was the focus.
He walked over to stop the argument.
He said this is stupid and that there was no point.
Francois came over to tell him it was under control.
He says that the accuser hit Rudolph in the face and pushed him.
He said he knew Rudolph from ESPN.
They argued some more and the dudes walked away.
He watched them leave as he was walking away.
When he walked back was the only time he couldn't see the argument.
He never saw Dalvin Cook punch, strike or inappropriately touch the accuser.
5:24: The state will cross examine.
The state is asking about how the accuser hit Rudolph.
He assumed that everyone was drunk.
He says he left Clyde's around 2 AM.
He says that he didn't drink, but that he owed them money so he paid for their drinks.
The state is saying he wouldn't give the contact information for his two friends. Jenkins says that the investigator never followed up with him.
He found out via an ESPN article.
He didn't immediately contact the the police of the SA office.
He made a facebook post saying that he knew the whole story.
The state said that the investigator tried to get in contact with him was unable.
They finally made contact through the defense attorney.
5:36: The defense will redirect.
The defense is making sure the jury knows that he was not paid for coming up.
5:37: The defense has no other witnesses.
5:38: The SA will call a rebuttal witness.
5:40: The SA calls the accuser back in.
She states that she has never seen Jenkins before.
5:40: The defense is cross examining.
She doesn't remember every single person at the bar.
5:47: The TPD Investigator has been recalled.
He states that he called and left a voice mail, but Jenkins never returned.
Rossi confirmed that Grant was on the scene.
Rossi provided the TPD with a name and a number.
5:50: All witnesses have been called. We are in recess.
Closing Arguments: State Attorney
The state attorney is leaning on the accuser's testimony. Saying that everyone was arguing. The SA is recapping the accuser's testimony and her opening statement.
The state attorney says that the football players got together and got their story straight.
She's really going in on the inconsistencies between the players.
Closing Arguments: Defense
The defense is setting up some kind of board.
The defense pointing out that the accuser's story changed and that there's no way she could take a punch from a 215-pound football player and not need medical attention.
The defense going in on the inconsistencies between the officers and the two women.
The defense is telling a story right now about how the SA wants to take the jury members on a drive to a land called reasonable doubt.
The defense going in on the identification. Saying she couldn't identify anyone then. Just identify Travis Rudolph.
The defense points out that Cook, by the accuser's admission, was level headed throughout the entire process.
The defense says the photo does not show an injury consistent with punching. Defense says that that could have come from biting her lip or falling.
The defense says the accuser's story has changed multiple times.
"One of the undisputed facts in this case was that she was very drunk," on the accuser's friend.
Sgt. Varple did not hear anything despite all the screaming and yelling.
Closing Arguments: State Attorney
Initially Cook tried to calm the situation down, but that he got angry later.
States that if she's making it up why would she make him Cook look good.
You don't have to be stone cold sober to remember getting punt.
SA saying that she doesn't know how her knee got dirt on it makes her credible.
SA going in on Grant Jenkins and says he's not credible at all.
SA notes that no FSU player mentioned Jenkins.
"If it weren't for social media he wouldn't have gotten away with this."
The SA has finished her statement.
The Judge is now briefing the jury.