A 27-year-old Canadian woman wrapped up a marathon nine days of explosive testimony this week in a high-profile sex-assault trial involving five professional hockey players — as a jury was sent packing for a second time in yet another dramatic twist in the proceedings.
The accuser, whose name is protected by a court-ordered publication ban, told a court that a naked Cal Foote — who played for the New Jersey Devils last year — performed “the splits” over her face, an apparent “party trick,” while others filmed in a hotel room.
“They were all laughing and thought it was hilarious,” the woman told the court. “It wasn’t funny to me. They were having a good time at my expense.”
In a note to the judge, a juror accused two of the defense attorneys of making fun of the jurors’ appearance.
“Every day when we enter the courtroom they observe us, whisper to each other and turn to each other and laugh as if they are discussing our appearance. This is unprofessional and unacceptable,” the note read.
The trial will now continue before a judge alone.
It’s the second time the trial almost went off the rails. A mistrial was declared last month after the judge ruled a lunch break interaction between one of the jurors and defense attorneys, which was seen by some jurors as an attempt to influence their opinions, made it impossible for the jury to remain impartial.
A new jury was chosen, but those nine women and five men are now off the case too.
The wild drunken group sex followed a gala in London, Ontario, celebrating Canada’s gold medal in the World Junior Hockey Championship, in which the five men — all future NHL players — competed.
The Devils’ Cal Foote and Michael McLeod, the Calgary Flames’ Dillon Dubé, the Ottawa Senators’ Alex Formenton and the Philadelphia Flyers’ Carter Hart have all pleaded not guilty and have said whatever happened that night was consensual. They are all on leave from the NHL.
But the woman claims she only went back to the hotel with McLeod, and that the other players were invited without her knowledge or consent.
The players each face one count of sexual assault, which carries a maximum sentence of 10 years in prison in Canada. McLeod is facing an additional charge of being a party to the offense of sexual assault and faces a maximum of 20 years behind bars.