a. The Commonwealth's case. The victim, Gail, [Note 3] testified that the defendant and Lampron engaged in sexual acts with her against her will, on September 23, 1998, while she was
stupefied. Two friends of the defendant testified that they had seen a videotape of the defendant and Lampron engaged in sexual acts with the victim while she appeared to be unconscious. Three other friends of the defendant described what the defendant had told them regarding "what we did to [Gail] last night," including sticking a "barrette" inside her and not being able to get it out; these friends also testified that the defendant had told them that drugs were stolen from Gail's purse and that she was "unconscious," and that Lampron had cautioned the defendant, "That's enough; don't say any more." The defendant did not admit that he had engaged in any sexual activity until he was faced with deoxyribonucleic acid (DNA) testing results that showed that he and another man had engaged in sexual intercourse with Gail, contrary to the detailed written description he had previously provided the police regarding the night in question. In addition, Gail testified that an elastic and plastic hair band had been inserted into her vagina. One of the defendant's friends testified that the videotape depicted Lampron inserting a "barrette" into her vagina. Scientific testing of the object established that it contained DNA consistent with having come from the defendant, Gail, and a second male.
) if he creates "ambiguity" that he may be bi or gay himself. I tend to more or less believe this myself.
