Appeals court upholds sex assault conviction of former Baylor football player

The Fulmer Cup Sam UkwuachuThe state’s highest criminal court on Wednesday upheld the sexual assault conviction of former Baylor University football player Sam Ukwuachu, reversing a lower court that had ordered a new trial because jurors were not shown text messages between the accuser and a friend.

The Waco-based 10th Court of Appeals had tossed out the conviction, ruling that the trial judge improperly excluded several text messages that the accuser, a fellow student athlete identified in court documents as CW, sent to a friend in October 2013. Defense lawyers wanted to introduce into evidence texts sent prior to a message in which CW said Ukwuachu ““just raped me basically.”

A unanimous Texas Court of Criminal Appeals said the trial judge properly excluded the prior text messages.

The ruling — an opinion joined by four judges and two concurring opinions joined by the court’s five other judges — returns Ukwuachu’s case to the 10th Court of Appeals to consider other objections raised by the former football player.

Ukwuachu, a one-time All-American who transferred to Baylor, was sentenced to 180 days in jail and 10 years of probation and ordered to register as a sex offender.

This is a developing story.

Source: Appeals court upholds sex assault conviction of Baylor football player

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