Zendejas attorneys fail in effort to dismiss rape charges
A judge denied a defense motion to dismiss two rape charges Friday against former NFL place-kicker Tony Zendejas.
Zendejas's attorneys argued that there wasn't enough evidence presented at October's preliminary hearing for the former Ram to be held to answer on charges related to Zendejas's alleged drugging of the woman he is accused of raping.
Prosecutors say Zendejas, an NFL place-kicker from 1985 to 1995, drugged a woman in January 2008 at the restaurant he owns in San Dimas -- Zendejas Mexican Restaurant -- then raped and sodomized her at a nearby motel while she was incapacitated.
Zendejas, 48, faces a total of four felony charges in connection to the incident. A trial date was set Friday for Feb. 10 in Pomona Superior Court.
At October's preliminary hearing, the alleged victim testified that the night of the incident she drank two shot-sized mixed drinks provided by Zendejas that put her in a "zombie-like" state.
A medical examiner also testified at the hearing that the alleged victim suffered tearing to her anal and vaginal areas inconsistent with consensual sex.
James Reiss, one of Zendejas's attorneys, argued Friday that prosecutors should present a theory about what specific drug they believe Zendejas used on the woman.
Reiss told Judge Robert Martinez prosecutors demonstrated "no link" between the wooziness the woman said she felt and Zendejas's alleged drugging.
In response, Deputy District Attorney Rouman Ebrahim told the judge the only reasonable inference from the woman's testimony is that she was drugged.
The woman testified that she felt fine before going to the restaurant, and consumed a normal amount of drinks that in the past hadn't put her in the same state of intoxication.
"She went from feeling fine to being passed out for 5 hours," Ebrahim said.
During his ruling denying the defense motion, Martinez said the injuries to the alleged victim's vaginal and rectum areas indicate an absence of consent.
"It appears this matter is going to have to be resolved at a trial," he said.
Zendejas, who has been free on bail since his July arrest, maintains that he and the woman had consensual sex, his attorneys say.
Zendejas's attorneys said the Yorba Linda resident will testify at his trial.
In April, about three months after the alleged rape, the woman returned to Zendejas Mexican Restaurant with an undercover sheriff's deputy.
The woman was wearing a hidden audio recorder during her visit.
Zendejas was recorded telling the woman he "knocked (her) out" and "took that booty" after she asked him what happened the night they were together, Ebrahim wrote in his response to the defense's motion to dismiss charges.
Timothy Younger, Zendejas's other attorney, said after the hearing that toxicology reports showed no indication the woman was drugged or intoxicated at the time of the sexual encounter.
Younger said that at Zendejas's trial, a defense expert witness will testify that "there is no basis on which to conclude that there were (illegal drugs) in anything (the woman) ingested."
Reiss said he believes the woman is lying about the incident.
Click here for past stories on Zendejas's case.
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