A Kane County judge will decide later if two men should be tried together on charges they raped a drunken Joliet woman near Aurora University last year.
Attorneys for Eric Stallworth Jr. and Corderro Pollard, both 23 and from Aurora, both opposed the move by prosecutors on Thursday.
Kane County Assistant State's Attorney Pam Monaco argued to Judge John Barsanti that both defendants made corroborating statements to police that they both had sex with the woman on Aug. 12, 2012, at a rented home near Aurora University.
"All the evidence is identical," Monaco said. "They mirrored each other's actions. They were in the same room."
Kathleen Colton, defense attorney for Stallworth, said the woman didn't report the alleged assault until five days later. When she did, Colton said, the woman told police she was in bed with Stallworth, who later left the room and then two larger men entered and forcefully had sex with her.
"My position is that if there was any sexual activity between her and Eric Stallworth, she was able to give consent at the time," Colton said.
Colton also argued the woman, who knew Stallworth because they both worked at a Naperville restaurant, had Xanax and at least a bottle of wine before a group went out that night. Colton said a witness will testify that the woman was flirting with Stallworth and said she wanted to sleep with him that night.
"Right there, judge, is a divergence in the evidence in this case," Colton said.
Michael Fleming, defense attorney for Pollard, also argued a joint trial could prejudice his client.
Stallworth also is attempting to have his statements he made to police disallowed from court. A hearing is set for Jan. 21 on that matter, Barsanti said he would revisit the move for a joint trial after that hearing.
A third man, Shammrie M. Brown, 26, of Aurora, was initially charged with felony sexual assault, but prosecutors later reduced his charge to misdemeanor battery. He is due in court on Dec. 5 and faces up to a year in jail if convicted. His attorney has refused to comment on the case.