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C.G. had her own room, while M.T.S. slept on a couch downstairs. On May 21, at approximately 11:30pm, CG. went upstairs after having watched television with M.T.S., his girlfriend, and her mother. She was wearing underpants, a bra, shorts and a t-shirt. At the Trial, C.G. and MTS both had different accounts as to their relationship. C/J. stated that earlier in the day, MTS told her that he was "going to make a surprise visit up to her room" on three or four occasions. CG said she had not taken MTS's comments seriously. Two different stories were given as to what took place upstairs, so the court credited neither testimony fully...
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