CHARLOTTE, N.C. — The third day of a trial involving a former Myers Park High School student's alleged sexual assault wrapped up Thursday in which a judge granted a motion from the City of Charlotte to drop claims against the city in the lawsuit.
The motion was granted on the basis that Doe's lawyer could not prove the City of Charlotte or the Charlotte-Mecklenburg Police Department was made aware or had notice that a student resource officer wasn't taking cases or reports of sexual misconduct seriously so this behavior could not be corrected.
The suit initially said the city and school did not protect the former student, known as "Jane Doe," from getting raped on the Myers Park campus in 2015. The jurors were chosen Tuesday morning after being questioned by judge Bob Conrad.
In the suit, the 15-year-old Jane Doe says another student, an 18-year-old male, grabbed her and took her from campus and forced her into the nearby woods, and sexually assaulted her despite her verbal protests.
Doe alleges after the assault officials did not react in a timely and appropriate manner.
The trial's third day also saw Jane Doe take the stand to testify.
She accuses Charlotte-Mecklenburg Schools of not properly investigating her claims of sexual assault. The judge said there was enough evidence for a jury to decide if this is true.
This all comes after a full day of testimony from Jane Doe, herself. For hours Thursday morning, Doe’s lawyers had her detail her alleged sexual assault, and CMS‘s response, or lack thereof.
Doe repeatedly said she only spoke to law enforcement from CMPD about the sexual assault allegations. She reiterated that the SRO at her school did not ask her about what actually happened. She also said her assistant principal didn’t give her an opportunity to say what happened either
CMS’ lawyers brought up three specific times that officials from the school tried to get a statement from Jane Doe.
They argued the SRO tried to get a statement from her in the car, that her assistant principal tried to get a statement from her prior to her going to the hospital, and that in an email her mother declined to have her speak to the school principal.
There were also some heated moments in the courtroom between CMS‘ lawyer and Jane Doe. One interaction caused the lawyers to have to go into the judge's chambers and strike the interaction between Doe and CMS’ lawyer from the record.
CMS’ lawyers will start calling witnesses tomorrow.