Kyle McCarty
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Defense attorneys for Cortland Fort, Jake Brito and Kristaan Ivory questioned San Luis Obispo Police Department (SLOPD) detective Amy Chastain today about how their clients were linked to the alleged robbery that took place at a Delta Sigma Phi fraternity house on Aug. 10.
It was the third day in the preliminary hearing for four of the five Cal Poly football players arrested in relation to the attempted robbery. Cameron Akins was not present, and is being arraigned separately.
At the end of the hearing, Judge Donald Umhofer will determine if there is enough evidence to proceed with a trial.
Picking up from Tuesday’s testimony, Chastain was once again on the stand, being cross-examined by Chris Casciola, Cortland Fort’s attorney.
Fort told Chastain that he had only been in San Luis Obispo for two weeks before the incident, and that he had only known the other men arrested since he arrived. Chastain said a police technician had determined that Fort’s phone had no contacts, phone numbers or text messages from any of the other players arrested in connection with the incident.
Fort told Chastain he stayed inside the car that night.
Jacob Glucksman, attorney for Kristaan Ivory, said that the questions Deputy District Attorney Eric Dobroth asked Chastain the day before had used incorrect paraphrasing, and had not accurately portrayed his client’s interview with police investigators.
Glucksman played a video of Ivory being questioned by detectives Chastain and Vitale to show his point.
Ivory told Chastain he saw a party going on at the fraternity house, and that he then decided to leave, along with Jake Brito.
John Wilson questioned Chastain about his client Jake Brito’s involvement.
A wallet and cellphone found in the car driven by Fort were used by investigators to link Jake Brito to the attempted robbery that allegedly occurred that night.
Wilson asked Chastain whether she could say specifically when the wallet was left in the car. Chastain said she could not.
Wilson also pointed out that Ivory did not specifically state Brito had planned or said he wanted to participate in the robbery.
The preliminary hearing is set to continue again at 1:30 p.m. Thursday at the San Luis Obispo County Courthouse.