Broncos Player's Hearing Delayed In Sex Assault Case

Affidavit: Cox Is Father Of Victim's Child

A hearing for Denver Broncos cornerback Perrish Cox was delayed on Friday by evidence problems.

This week, prosecutors said they realized a DVD that they thought contained a witness statement was mislabeled and was actually an interview Cox gave police.

Prosecutors told 7NEWS they quickly made a copy of the DVD and gave it to the defense on Thursday night.

The defense asked the judge to delay Friday's hearing to give the team time to review the DVD. The hearing was rescheduled for September.

The Accusations

Cox faces one count of sexual assault against a victim who was physically helpless and one count of sexual assault against a victim who was incapable of determining the nature of the conduct. Authorities say the accuser came forward after she learned she was pregnant.

DNA tests show Cox is the father of the child, even though he told investigators he didn't have sex with the woman, according to an arrest affidavit released last month.

The victim told police she left a club on Sept. 6, 2010, with Cox, Broncos player Demaryius Thomas and her girlfriend. The victim told police Cox and her girlfriend were dating. The woman told detectives that at Cox's apartment, she remembered kissing and making out with Thomas in the living room, but that she passed out, according the arrest warrant.

The woman told police that when she woke up hours later on the air mattress in the living room, she felt like she'd had sex, but didn't remember anything. The woman told police she asked Thomas if anything happened in a text message and he replied, "No, you passed out and I went home."

The woman told police that on Oct. 25, she took two home pregnancy tests and they were both positive.

A clinic and an ultrasound confirmed her date of conception was around September 3-4, plus or minus a few days, the arrest warrant said.

When she found out she was pregnant she decided to go to police, the arrest warrant said.

It's not clear if the woman had the baby.

Cox pleaded not guilty earlier this year and his trial has been set for October in Douglas County. If convicted, Cox faces between two years and life in prison.

The Broncos released a statement in July saying, "The allegations involving Perrish Cox are extremely serious and troubling to our organization. We will continue to monitor this situation very closely."

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