LIVINGSTON — Cross-examination of the victim in the Melanie Curtin retrial continued Monday afternoon (more on this below) after the First Circuit Court of Appeal ruled on whether a toxicology expert should be allowed to testify.
Amid cross examination of the victim on Friday, court took a break. During that break, it was learned that the First Circuit Court of Appeal had ruled the trial needed to halt until they could rule on the AG’s request for a witness to testify. This continued the case until Monday.
On Thursday, March 12, Judge Brian Abels granted the defense’s motion and excluded a toxicology expert the state planned to introduce. The AG’s Office then appealed Judge Abels’ ruling by filing an emergency writ before the First Circuit.
Monday afternoon, trial resumed after the First Circuit ruled that they will not overturn Judge Brian Abels’ ruling to exclude the witness unless he abused his discretion. He did not abuse any discretion, according to the ruling. The First Circuit did, however, rule that the witness will be allowed to testify “general testimony regarding how an intoxicated person may appear, act, or behave,” adding that information “is relevant to assist the trier of fact.” No further testimony will be allowed from the witness, including pertaining to the video, according to the ruling.
Curtin’s lawyers have now appealed that ruling to the Louisiana Supreme Court, arguing the witness is not needed at all as people already know how an intoxicated person behaves. Because the Supreme Court has not ruled at this time, trial was continued to Tuesday morning.
Prior to breaking for the day on Monday, Curtin’s lawyer Jeanna Wheat continued cross-examination of the victim. She broke down during a break on Monday. That same woman told jurors on Friday that she had no memory of the night prosecutors say she was assaulted allegedly by Melanie Curtin and Dennis Perkins until investigators showed her a video years later.
“Looks like I’m dead,” the victim testified after seeing parts of the 18-minute video.
She was called Friday as the state’s third witness in the retrial of Melanie Curtin.
Editor’s Note: UWK is not naming the woman because she is identified as the alleged victim in a sexual assault case.
MORE: Judge excludes toxicology testimony, jurors hear 2020 interview on Perkins relationship
MORE: Details on opening statements in Melanie Curtin retrial
Much of the testimony centered on a video involving Perkins, Curtin and the alleged victim. The video is the centerpiece of the prosecution’s case and shows Curtin participating in the alleged assault.
The victim testified that she and Curtin had been texting before the night prosecutors say the encounter happened, Nov. 7-8, 2014. She said she invited Curtin to come over.
The woman said she had been drinking that night and testified that she was drunk when Curtin arrived to her home. She said she remembers acting “obnoxious,” including running around saying “Roll Tide” because the LSU/Bama football game was the next day.
She told jurors she eventually passed out.
“I know I passed out because I don’t remember anything,” she said.
MORE: Jury shown 18-minute video found on Dennis Perkins hard drive
She looked down as she testified and did not make much eye contact with anyone on Friday. She told the AG’s prosecutor Erika Moore that after finding out about Dennis’ affair with Curtin, she realized her reality was very different than what she thought it was.
“I didn’t want to live,” she said. When asked how difficult it is to talk about it, she said “extremely” and that she did not want to be there testifying. That’s when she asked prosecutors if they were almost finished.
Their last question was how her life has been since that time. She responded: “It’s reliving trauma over and over and over.”
During cross-examination, she acknowledged she had been drinking when Curtin arrived.
Two things of note that Curtin’s attorney Jeanna Wheat pointed out were that the victim testified she was drunk when Curtin arrived and that Melanie appeared “normal” when she got to the house. Wheat said the victim testified she has seen all of the evidence except the video and was aware of her own responses in the past. Never before had she testified she was drunk or that Melanie was “normal” when she arrived at the home, Wheat said to her.
On Monday, when cross-examination continued, Wheat pressed the victim that for the first time in 11 years since the incident and six years since the investigation started, this is the first time she has testified that she was drunk and that Curtin was “normal.”
“We have talked about drinking. It was implied. It was never stated,” the victim responded. Wheat followed up with “how was it implied?” The victim said when she testified that she was “running around obnoxious and yelling ‘Roll Tide’,” and waking up with a headache, she assumed it was implied she was drunk.
The victim testified she only learned what happened after Perkins was arrested years later. She said investigators contacted her and told her they had found a video. That was the first time she learned what prosecutors say happened that night. On Monday, the victim again testified, “I don’t remember anything,” as to how that night happened, how she ended up in the bed or any other details of the event.
Jurors have already seen the video connected to the case. The victim testified that after reviewing pieces of the video and her past statements, she still has no memory of the events shown.
“You don’t remember that encounter?” Curtin’s lawyer asked her.
“No,” she said. “I don’t even know how it happened.”
The victim testified she and Curtin became friends in 2014 because their kids played sports together. The two started texting in August 2014.
She also told jurors she did not know Curtin and Perkins were having an affair at the time.
Re-Direct from Attorney General’s prosecutors
On the re-direct, Assistant Prosecutor Erika Moore asked the victim if she was always a frequent drinker. The victim responded “no.” She was also asked if she continues to drink like that, and she said “no” again.
Moore questioned the victim about the texts she and Curtin exchanged about that night and who told whom to come over. When the victim was asked that she had already testified Curtin was her only friend, she replied, “yes.”
Did the victim invite Curtin with any intentions, Moore asked her. “No,” she answered. When she was asked if she had any reason to lie about the rape, she said “no.”
History of case
Curtin’s case surfaced during the 2019 arrests of Dennis Perkins and his wife, Cynthia Perkins. However, Curtin was not accused of any crimes involving children or the allegations that bodily fluids were placed in pastries or drinks. Both Dennis and Cynthia Perkins later pleaded guilty, avoiding a trial.
Curtin was arrested in February 2020 after investigators found a video recorded in November 2014 during a search of former Livingston Parish Sheriff’s Office deputy Dennis Perkins’ home.
The search uncovered 17 external devices including hard drives and cameras placed throughout the house. On one of the hard drives, investigators found a video showing Curtin, Perkins and another woman engaged in sexual activity.
Prosecutors say the woman in the video was unconscious. The prosecutors argue the woman could not consent to the sexual activity and was raped.
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