Former Baylor University football player Tevin Elliott is not entitled to a new trial on his sexual assault conviction, a state district judge ruled Monday.
Judge Matt Johnson of Waco’s 54th State District Court, without explanation, overruled Elliott’s motion for new trial Monday.
Johnson took the matter under advisement Friday after a 90-minute hearing attended by 100 of Elliott’s family members and friends, who chartered a bus to Waco from Mount Pleasant, Elliott’s hometown.
Many of his supporters wore T-shirts with “Free Tevin Elliott” and “Justice for Tevin” printed on them.
Elliott was sentenced to 20 years in prison and fined $10,000 on Jan. 23 after his conviction on two counts of sexually assaulting another student at a party at a Waco apartment complex in 2012.
Two other former Baylor students testified at his trial that he sexually assaulted them, too.
There also was evidence that a fourth student reported he sexually assaulted her, but she did not testify.
Elliott, 22, a former defensive end on Baylor’s football team, denied he sexually assaulted any of the women and said his relationships with them were consensual.
Elliott’s attorney, William A. Bratton III, of Dallas, did not return phone messages to his office on Monday.
Bratton alleged in his motion for a new trial that prosecutors violated evidentiary rules by supplying a surveillance videotape from the apartment complex with 30 minutes omitted that could have been important to Elliott’s defense.
He also alleged that Elliott’s trial attorney, Jason P. Darling, was ineffective because he failed to prevent testimony from Elliott’s two other accusers from being heard by the jury.
Darling disputed those allegations and other claims in an affidavit filed with the court.
Prosecutor Hilary LaBorde testified Friday that she was unaware the surveillance tape, which was given to Waco police by managers at the Aspen Heights Apartments, had an inexplicable gap in the recording between 1:08 a.m. and 1:38 a.m. on April 15, 2012, the night of the party.
She said she was made aware of it only after Bratton filed the motion for new trial, adding the tape came to her office that way from the police department.