| For Immediate Release Case # 08CF3712
January 2, 2009 |
Susan Kang Schroeder Public Affairs Counsel Office: 714-347-8408 Cell: 714-292-2718 Farrah Emami |
TWO SANTA ANA CITY COLLEGE FOOTBALL PLAYERS AND HIGH SCHOOL FRIEND CHARGED WITH RAPING AND SEXUALLY ASSAULTING AN UNCONSCIOUS OR INTOXICATED WOMAN AND VIDEOTAPING THE INCIDENT
SANTA ANA – Two Santa Ana City College football players and a friend from high school were arrested and charged on a warrant charging them of raping and sexually assaulting 18-year-old Jane Doe while she was unconscious or incapacitated due to intoxication. The defendants are charged with one felony count of rape by use of an intoxicating substance, one felony count of rape of an unconscious person, one felony count of sexual penetration by foreign object of an unconscious person, one felony count of sexual penetration by foreign object of an intoxicated person, one felony count of an oral copulation of an unconscious person, and one felony count of oral copulation by a controlled substance. If convicted on all counts, each face a maximum sentence up to 18 years in state prison.
DEFENDANTS
John Paul Foster II, 22, of Seaside in Monterey County, was arrested on Monday, Dec. 29, 2008, and was arraigned on Wednesday, Dec. 31, 2008. Michael Alexander Clemmons, 19, Tustin, was arrested on Tuesday, Dec. 30, 2008, and was arraigned on Wednesday, Dec. 31, 2008. Luster Mitchell Lewis, 20, Irvine, turned himself into court today and was arraigned. All three are in custody on $100,000 bail. All three are expected to be in court on Wednesday, Jan. 7, 2009, at 9:00 a.m., in Department C-55, Central Justice Center, Santa Ana.
The three became friends while attending Tustin High School. Foster visits friends in Orange County on occasion. Clemmons and Lewis currently play football for Santa Ana City College.
VIDEOTAPED INCIDENT
In July 2008, the three defendants were partying at the Key Inn at 1611 El Camino Real in Tustin. Jane arrived after receiving a call from Lewis and later passed out. The three are accused of knowing that Jane Doe was unconscious or incapacitated from intoxication. Foster is accused of using a video camera to tape the duration of the charged assaults.
Clemmons and Lewis are accused of removing her clothes and sexually assaulting the victim. Clemmons and Lewis are accused of moving the victim from the bed to the floor and putting her body in different positions as they repeatedly raped, orally copulated, and digitally penetrated Jane Doe. One defendant is accused of ejaculating on the victim’s face. Foster is accused of handing the camera to another defendant and sexually assaulting the victim on tape by rubbing his penis against her face. Foster is accused of then urinating on Jane Doe.
Throughout the sexual assault, the non-responsive Jane Doe was either unconscious or prevented from resisting because she was under the influence of an intoxicating substance. The defendants are accused of slapping her in the face, telling her to wake up, and holding the victim’s nose closed to suffocate her in order to wake her up. Jane Doe did not wake up on the video.
On Dec. 28, 2008, the graphic 19-minute tape was discovered by a third party who turned over the evidence to Tustin Police who conducted further investigation including locating Jane Doe.