The Moorpark woman who says she was inappropriately touched by a Los Angeles Rams coach testified Tuesday that she kept getting looks at the alleged perpetrator to make sure she knew his face.
“My mind is going, ‘Know who it is, know who it is, know who it is,'” she testified in Ventura County Superior Court.
Theodore “Ted” Rath, 35, was at her house the night of June 15, 2018, with her husband and other friends from the neighborhood when the alleged incident occurred. She said she had retired for the night and was asleep in her bed.
The Star generally does not identify people who may be victims of sex crimes.
Rath has pleaded not guilty to three counts of misdemeanor sexual battery. He is accused of touching the woman’s buttocks and genitalia while she slept in her bed. Rath, a strengh and conditioning coach, is on a leave of absence from the team.
Senior Deputy District Attorney Erik Nasarenko asked the woman if Rath had ever flirted with her or made any sexual advances. She said no. And other than a remark about her appearance at her April 2018 birthday party, the Moorpark woman testified Rath never made any inappropriate comments to her.
During cross-examination by defense attorney Vicki Podberesky, the woman said the remark was made in front of a room of people, including Rath’s wife. She also never talked to Rath or his wife about it, she testified.
The woman’s husband sat next to her on the witness stand as she testified Tuesday. He testified Monday and was asked those same questions about past behavior between his wife and Rath. They were both also asked about their alcohol intake that night and that of Rath.
Podberesky said in her opening statement Monday that June 15, 2018, was the first night Rath had gone out and had a “significant amount” of alcohol since experiencing a stroke-related event on May 7, 2018.
He was taking aspirin and Lipitor after the medical event, Podberesky said. She told jurors they would hear expert witness testimony about how Rath was at risk for both physical and cognitive impairment that night.
The defense attorney said Rath was overcome with a “sensation” while at the Moorpark home that night and was not feeling well.
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Podberesky said that evidence will show Rath was not able to form the necessary criminal intent to commit the alleged offenses.
She also referenced a “cool call” made by the Moorpark woman as part of law enforcement’s investigation into the matter.
The prosecution played a recording of the call for jurors Tuesday. The woman said it was done by investigators in an effort to gain a confession.
During the June 25, 2018, call, the woman talks to Rath about the incident at her house and asks for clarification about why he was in her room and why he touched her.
On the recording, Rath can be heard saying he’s shocked and doesn’t remember doing what she’s accusing him of. He apologizes to her multiple times if he did do that and says he remembers being drunk that night and going home.
Podberesky said Rath was at SeaWorld with his wife and three young kids when he got the call.
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The Moorpark woman said the night of the alleged incident she was awoken to hands on her buttocks that eventually went over her stomach and to her genitalia. She was lying on her side, glanced over her shoulder and allegedly saw Rath but then rolled over slowly onto her back to get another look, she testified. It was still him, she said.
She told the prosecutor she never consented to the touching. When she allegedly saw Rath in her bedroom, there wasn’t anything about his demeanor that made her think to call paramedics or 911, she said.
At first she didn’t even want to report the incident, she testified.
“I didn’t want to tell. Who wants to go through this?” she said.
The trial is scheduled to continue Wednesday.
Megan Diskin is a courts and breaking news reporter with The Star. Reach her at email@example.com or 805-437-0258.