Contra Costa County Judge Gregory Caskey is expected to decide today how many of the seven defendants in the trial surrounding last year's homecoming dance gang rape at Richmond High School will stand trial and on what charges. He has already questioned the evidence against one of the defendants, 16-year-old Cody Ray Smith, the youngest of the group, whose Miranda rights may have been violated during initial questioning, and he may go for lighter charges against a second of the defendants as well.
During the hearing, a number of details about the October 2009 incident emerged, including testimony from a nurse who treated the victim about the extent of her injuries and what she initially said she'd been doing before the alleged rape took place. Also, testimony from a retired Richmond police detective revealed that at least two of the defendants admitted to abusing the victim, and to hearing her scream for help. Also, there are positive DNA matches in evidence against four of the seven defendants.