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May 31, 2012

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Witness said she didn’t consent to sex

Friday, July 27, 2001 | 10:48 a.m.

A local nurse and former girlfriend of a Las Vegas man accused of drugging and sexually assaulting three women on videotape testified Thursday that she had no knowledge of, nor did she consent to, any sexual activity with the defendant after terminating their relationship.

The witness and jury watched the November 1999 videotape that the prosecution alleges shows Clarence "Jim" Dozier, 40, performing sex acts with the alleged victim.

Dozier is claiming the sex was consensual.

The witness became emotional while viewing the tape, holding her head in her hands and looking away when possible. "Why doesn't he have to watch it?" she asked Deputy District Attorney Mary Kay Holthus, pointing at Dozier.

Dozier, seated behind the television, remained unmoved during the viewing, looking down or writing on his notepad. Several jury members looked uncomfortable while watching the videotape.

The witness, who said her last consensual sex with Dozier was in July 1999, claims Dozier put prescription sleeping pills in her drink. She said she remembers little about the incident except for "being angry, kicking something and saying 'stop.' "

Dozier was arrested in November on 27 felony charges after the witness said she woke up during the encounter and called the police. Detectives found the videotape under the seat of his truck.

Dozier two weeks ago declined a plea agreement under which he would have pleaded guilty to four of the 27 counts. He claimed his attorney, now off the case, misled him about his sentence. He opted for a jury trial instead. If convicted, he faces multiple life terms.

The witness said she and her 12-year-old daughter lived with Dozer and his own daughter off and on for two years.

The couple remained friends when she ended their relationship in June 1999, but Dozier was unhappy with their platonic friendship, she testified.

On cross-examination, Defense Attorney Stan Walton questioned the witness about the two beers she admitted drinking prior to the incident. The witness denied the beers induced her unconscious state.

The trial is expected to continue today before District Judge Mark Gibbons.

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