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Defense in sex assault case seeks victim's cell phone
Riley is accused of sexually assaulting the 35-year-old man in a car while the two were at a Portsmouth parking lot last Nov. 2.
Riley claims, “that there were text messages and photos sent to (him) which would impeach statements (the man) has made to the police,” Soldati said in court papers.
Riley allegedly had the victim in his car following a Halloween-themed dance hosted at Living Innovations offices, located at 1950 Lafayette Road in Portsmouth.
Riley allegedly showed nude pictures of himself kept on his cell phone to the victim, police said.
Prosecutors have told the defense that Portsmouth police never asked for or viewed the man’s cell phone.
“The defendant has a right to a ‘public’ trial and the pleadings in this case are public records,” Solidati said in a court motion. He argued that the state had no legal authority to pursue sealing the defense’s motion seeking evidence in the case.
The kidnapping carries a potential 3½- to 7-year prison term.
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