Jail rape case bound over

Jail rape suspects Brooke L Whitaker, left, Brandy M. Holden, Kelly N. Holden and Evetta M. McGee (covered), appeared in court Thursday. (T-G Photo by Brian Mosely) [Click to enlarge] [Order this photo]

Evetta M. McGee is facing charges of rape, while Brooke L. Whitaker has been charged with criminal responsibility for rape. Kelly N. Dodson and Brandy M. Holden are both facing charges of criminal responsibility for facilitation of a felony.

The Bedford County grand jury will convene on Dec. 22.

Judge Charles Rich admonished the four at one point during the hearing for laughing and snickering during the alleged victim's testimony, which was challenged by four different defense attorneys.

The woman, who broke down several times while testifying, said she shared a cell with the four and another woman who did not appear in court. She testified that on the night of Aug. 20, shortly after lockdown, she was laying on her stomach in her bunk when McGee and Whitaker attacked her, with Whitaker flipping the victim on her back.

She testified that Whitaker held her arms behind her head but yelled to Dodson and Holden that the victim was too strong and to come help them.

The victim alleged that McGee sexually assaulted her while Whitaker covered her mouth, with Dodson and Holden helping to restrain her.

The victim testified that the assault lasted three to four minutes and when it was over, she checked herself for injury.

Under cross examination from attorney Jeff Seckler, who is representing Holden, the victim said she kept trying to yell out during the alleged rape, but no guard came to help that night, adding that after lockdown, the noise level in the cell blocks gets louder. She also said she did not speak to jail officials until the next day.

Defense attorney Clay Parker, who represents Whitaker, questioned the victim about her relationship with her cellmate, whom she said she got along well with. The victim said she had "no girlfriends."

Questions were also asked about the victim's contact with jail guards following the alleged rape. The victim stated again that no one checked on her after the incident, nor did she speak to any guards later that night.

She testified that another inmate in an adjoining cell told guards about the alleged rape the next morning following breakfast, and then jail officials questioned her about what happened. The victim was then transported to Heritage Medical Center for examination and treatment.

Attorney Bobby Carter, defense council for Dodson, questioned the victim extensively about how she was allegedly restrained during the assault, repeatedly asking who held down which limb and how they were positioned during the assault.

Robert Marlow, the lawyer representing McGee, repeatedly questioned the victim about allegations that she spoke to a guard one hour after the alleged assault, but the victim insisted she did not speak to jail officials at all until the next day.

The victim said she didn't know the motive for the alleged attack, saying that there had been "horseplay" before earlier in the day, but then it got serious after lockdown.

More questions were asked about who held the victim down and Marlow asked if she had made up the story of the rape to get a lesser sentence for the crime she was accused of. A series of questions by Marlow about why she was in jail in the first place resulted in objections from the state, which were sustained.

Richard Cawley, speaking for the state, entered into evidence written statements made Aug. 22 from both Dodson and Holden, which claim they both stopped holding the victim down once they realized that the attack was serious.

Dodson's statement claims she was scared of both Whitaker and McGee and that she quit holding the victim after she tried to scream. Holden's statement said she felt bad about what happened and that she only held the victim for a minute or two.