how kid his dna end up in herred up -- her underpants and she had a genital injury. >> he says they did not have intercourse. but there's text messages between the victim and the defendant. let me read them to you. the victim writes did you use a condom. he says are you on the pill? i think you're okay. i put it on halfway through. >> many pieces of evidence establish his connection, his admission that there was sexual penetration. why else would you put on a condom and ask about birth control unless you did the act. this is not a defendable act