Lewis

FACTS

I. Prosecution Evidence

Twenty-two-year-old S.D. and D.L. had just started dating. S.D. invited him over for dinner where they drank a bottle of wine. After dinner, they went to Rudy’s Pub, arriving about 11:00 p.m. S.D. did not feel intoxicated. D.L. bought S.D. an alcoholic drink that she consumed about one-third of because it was too strong—it had roughly four shots of alcohol. S.D., who now felt tipsy, danced with D.L. When D.L. went to the restroom, S.D. went to get her cell phone from her purse, but it was gone. As S.D. searched for her phone, Lewis approached her and asked what she was doing. S.D. said she had lost her phone. Lewis told S.D. that his friend had found a phone. Lewis said he would call the friend, and he put his own phone to his ear. (Lewis’s cell phone records do not reflect any calls at that time.) Lewis suggested they have a drink while they waited for his friend to return to Rudy’s. S.D. stated, “From this point on, I don’t really remember clearly.” S.D. took Zoloft once a day; she did not take Xanax (alprazolam). Although S.D. did not remember what happened, Rudy’s video 2 surveillance and witness testimony helped explain what transpired next.…