HARRISONBURG, Va. (WHSV) -- UPDATE 8:51 p.m.:
The Weylin Holmes trial will continue at 9:30 a.m. on Wednesday. After Judge Bruce Albertson dismissed the jury, he brought in a number of witnesses to question them about their actions.
After one witness claimed that others had been talking about the case outside of the courtroom, the judge questioned witnesses individually.
When asked if they had heard any prepared testimony or talked about having scripts, they said no. Some witnesses did say they had talked about "rumors" and "just what happened that night."
On Tuesday afternoon, there was a motion for a mistrial. But, the judge has withheld ruling on that.
A former Harrisonburg High School football player is on trial Tuesday after being accused of raping a girl last year.
Weylin Holmes faces charges of rape, sodomy and abduction.
In opening statements, Assistant Commonwealth's Attorney Cristabel Opp, who represents the alleged victim, painted the picture of a girl who has "friends and dreams and crushes."
Opp later said that when the alleged victim went to a part with Holmes, "he pulled her into an empty bedroom, he locked the door and he raped her.”
When Holmes's defense attorney John Holloran took the floor, he said there is no scientific evidence. Instead, telling the jury that the case "will end up being a credibility contest.”
The alleged victim, who was about three feet away from Holmes while on the stand, testified for more than two and a half hours. When she got off the stand during small breaks, she was sniffling. Holmes looked down for most of the time, or looked at his attorney.
The teen, who was 15 years old at the time, said she went to a party with friends in February 2013.
She said she then went with Holmes to an apartment to pick up another friend. She went on to say that Holmes forced her into an apartment in Harrisonburg and raped her. She said she was telling him no and went into graphic detail for the court. According to interview reports read by investigators in court, Holmes says she went of her own accord into a bedroom with just a mattress and dresser.
Another witness testified that the night of the alleged incident, the alleged victim came up to her, crying hysterically.
The alleged victim said that she had been to parties before and did have a little alcohol and marijuana in her system at the time. She also said Holmes was drunk at the time of the alleged incident.
Holmes' defense said that before February 2nd, she was sending him sexual text messages; however, she said that was not the case. At one point, Holmes' defense attorney Holloran asked her, "You didn't make this complaint to get attention right?”
Holloran also showed pictures of tweets, one from Weylin the day of the incident, which said the accuser is his "best friend." Another from the alleged victim written the day after the alleged incident, read simply "good morning."
Another witness called to testify was a Harrisonburg investigator who interviewed both Holmes and the alleged victim.
Investigator Greg Miller walked the court through his prior questioning of Holmes. Investigator Miller said that when Holmes was interviewed at first after the alleged incident, he denied there was any sex.
Later, Investigator Miller said Weylin's story changed to say that he and the now 16-year-old had consensual sex.
The alleged victim's mother also took the stand, saying when her daughter told her of the alleged incident, she acted withdrawn. After the alleged incident, which happened on a weekend, a school resource officer brought the alleged victim home to tell her mom about it on Monday, February 4th. The officer also collected clothing for the investigation.
There were multiple times the defense asked about the accuser's interviews with investigators and showed the alleged victim's transcripts from interviews to clarify because often the alleged victim said she couldn't remember parts of the interview from 2013.
Earlier, one of the witnesses said others had been discussing court testimony and the witness even claimed some had been talking about having scripts, regardless of whether or not this is true, as of now the trial will continue.
The trial will continue at 9:30 a.m. on Wednesday.
Below are the tweets that Carly has sent out during the trial.
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