Elmer Bigelow Cozad Jr. raped his 19-year-old niece while she was passed out from alcohol intoxication in his fifth-wheel trailer. The victim awoke to pain during the assault, told him to stop, but he continued until finished. She reported the rape to family, leading to police involvement. Cozad initially denied but later admitted having sex with her, claiming he mistook her for his girlfriend. Medical exam revealed vaginal tears and bruising consistent with nonconsensual intercourse. Cozad was arrested and convicted; this document is the state's appellate brief affirming the trial court's denial of his motion for judgment of acquittal on identification, venue, and physical helplessness, and the decision to allow the state to reopen its case.

WHEN: May 27, 2002
WHERE: Iowa Street, Coos Bay, Coos County, Oregon
SUSPECT: Elmer Bigelow Jr Cozad  SEX OFFENDER