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About 20 minutes after Waite and the teens left the party, Palmer said she went to Waite’s home to check on her because she appeared to be very drunk. When she went into Waite’s bedroom, she saw Gonzalez on a chair and the victim on Waite’s bed, and both boys appeared to be asleep. Waite was in the bathroom throwing up, Palmer said.
After giving Waite a blanket and helping the woman take her shoes off, she left, Palmer said.
Marshall said after Palmer left, the victim may have gone into the bathroom and had sex with a very intoxicated Waite, who did not give her consent.
"Maybe that’s why he’s lying," Marshall said. "Maybe he doesn’t want to admit what he did."
Deputy Weber County Attorney Teral Tree called Marshall’s theory "a complete fabrication," insisting that the victim did not have a motive to lie.
"You’ve heard the evidence," Tree said to jurors. "You know the truth. Who has the motive to lie in this case?"
Tree emphasized in his closing arguments that jurors should not dismiss or look at the case more lightly because it involves an older woman and a teenage boy. He asked the eight-person jury to look at the law as it is written, without holding prejudice because the person in a position of trust was a woman.
"For whatever reason, there is a stigma in our society," he told jurors, "that a relationship between an older woman and a young boy is given a pass."
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