With windy, rainy weather and tornado warnings in other parts of the county, the morning of day 2 in the Dominic Cizauskas trial got off to a bit of a late start.
The first witness to take the stand, and the last for the state, was the alleged victim.
The prosecution went over her story and text messages in great detail, also submitting to evidence of pictures of the dorm room. The witness also said during direct examination that she considered both the ramifications to her reputation and to Cizauskas before she went to police adding she “didn’t want to be the reason he loses his scholarship.” She said she decided to come forward "because this was not OK."
The defense cross-examination focused largely again on deleted text messages in which the woman’s phone sent “so are you coming or not” and “when will you be here” to the phone of Cizauskas attempting to show that she knew he was on his way, most likely for sex. They also questioned and compared the details of the report and of the woman's story.
The defense began their case by calling the UW-Madison Police Detective who handles sensitive crimes and who initially interviewed the woman for the report. The detective explained the process for the interview as well as why the deleted messages were only recovered last week after the detective had asked for the files to be reviewed again. The detective said that the department knew text messages of that nature existed and just formally recovered them last week.
The court adjourned for lunch with the defense saying that the only witness it had left was Cizauskas himself, only if he wishes to testify.
The judge explained that Cizauskas would have to make that decision himself, even though he could consult with his attorney. His decision is expected after the lunch break.
If he does testify he will do so this afternoon. If he does not, the trial will move into closing arguments. It is expected to be turned over to the jury for deliberation today.
We will continue to provide updates as they become available.