Jury sequestered in sexual assault trial involving former UTEP football player

David Hamm in court Wednesday, September 14, 2016. Hamm is accused of raping a girl in 2015. (CREDIT: KFOX14/CBS4)

The jury was sequestered Wednesday night after not being able to reach a verdict in the second day of the trial of former UTEP football player David Hamm, who is accused of sexual assault.

The jurors listened to just two days of testimony before starting deliberations Wednesday around 5 p.m.

Wednesday was the defense's turn to cross-examine Hamm’s accuser.

Hamm's attorney asked questions about the accuser's background and how the victim got to know Hamm.

The alleged victim said the two met during their freshman year at UTEP. The defense questioned the woman for about an hour and a half.

She said as their freshman year progressed, an attraction developed. The woman claimed there was a text message conversation between her and Hamm in April 2015. The defense showed a portion of that conversation to the jury Wednesday.

The conversation began with Hamm asking the woman "Are you looking for anything serious or just a close close friend with benefits?" His accuser replied "I'm not really the friend with benefit kind of girl ... Just kinda go with the flow."

Hamm's attorney then asked the woman if she felt threatened by his client. In her courtroom testimony she responded, "It wasn't violent. He didn't threaten me. He was on top of me the whole time, but no force was used."

Finally the defense asked the alleged victim if she resisted in any way. In her courtroom testimony she responded, "I froze, so no." She added "Even when I said no, it still happened."

The woman left the courtroom visibly upset and in tears.

Defense attorneys plan to called five witnesses to testify, including UTEP football players and a member of the team's staff.

After not reaching a verdict Wednesday evening the jury was sequestered. Deliberations will continue Thursday at 9 a.m.

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