SPRINGFIELD, Mo. Joshua Graham's two-day trial ended Friday. He's accused of raping a Central HIgh School student in a pedestrian tunnel near Commercial and Washington street last year.
Thursday, the court heard directly from the rape victim. Today, her 911 call played in court. The court also heard a recording of Joshua Graham's voice. The victim says she knew Graham was her attacker when she heard him speak, but couldn't pick him out his photo.
"I believe because of his color, because of the fact that he was brought in in cuffs in the courtroom," said defense attorney Dee Wampler. "Then all of a sudden, the victim says, oh yeah, that's him."
"What we have is a soft voice of someone frequenting the area in a bizarre, predatory way, wearing similar clothing," said prosecuting attorney Nathan Chapman.
A crime lab expert shared her comparison of the wet shoe prints found in the tunnel where the rape happened and Joshua Graham's shoes. She said the print was consistent with Graham's left shoe, the size, the shape, and the outsole design, but she couldn't prove it was the exact same shoe.
"It was inconclusive," said Wampler. "She had arranged and jiggled it around and taken a smudge and tried to do the best she could to make it look identifiable."
Graham's former parole officer told the court he was taken off GPS tracking a couple weeks before the rape, but while on it, he frequented the area of the crime, even on foot. But the defense argued there was no surveillance video of him in the area.
20 minutes after the victim's 911 call, police say Graham searched Facebook for a combination of the victim's first name and street. The victim says Graham looked at her ID.
"So now we're talking about the odds that somebody else with the same clothing, frequenting the area, similar voice, stalking another female in the area, googling "white girl thong" right before the rape, then just happens to have a shoe with the same pattern that is the same size," said Chapman.
"In this case, no DNA, no DNA," Wampler said. Investigators didn't find Graham's DNA in the rape kit, but they did find an open condom box in his car.
"The odds of this being anyone other than the defendant Joshua Graham is clearly beyond a reasonable doubt," Chapman said.
Wampler said, "Not sure means not guilty."
Judge Calvin Holden has now taken the case under advisement. He'll likely have a verdict by sometime next week. If Graham is convicted in this case, he could face life in prison.