MARTINEZ -- Defense attorneys for two West Contra Costa men presented closing arguments in a rape trial Wednesday, spending most of their time highlighting inconsistencies in the testimony of an East Bay woman the defendants are alleged to have kidnapped and assaulted.

Deputy district attorney Chad Mahalich, who presented his closing argument Tuesday, will rebut the defense arguments Thursday morning.

"This case really does come down to the testimony of a single witness," said Howard Williams, representing Derrick Ware, 29, of San Pablo, "and whether you can say for sure (Jane Doe) is telling the truth beyond a reasonable doubt."

Ware, his half-brother Robert McNeally, 32, of Richmond, and their cousin Dameon Spragans, 28, of Richmond, met Jane Doe and her male acquaintance in San Francisco in the early hours of Valentine's Day 2010 after both groups had been bar hopping, according to statements by attorneys during the case. Ware and McNeally offered Jane Doe and her friend a ride, presumably to the East Bay in exchange for gas money.

Instead, McNeally drove his truck to Richmond, where the woman's friend was taken outside, punched and left behind. McNeally then drove to San Pablo, where the woman alleged she was raped inside the vehicle and assaulted.

Defense attorneys claim the sex was consensual and that Spragans assaulted the woman, whom the trio left naked and bleeding in the street.


Ware and McNeally are charged with five felonies. Spragans accepted a plea deal for his role in the case.

"No one knows for sure what happened," Williams said. "Everyone who was there was poop-faced drunk. There are no reliable sources."

The prosecution, he said, "is trying to blame Derrick Ware and Robert McNeally for something Dameon Spragans did."

Christopher Martin, representing McNeally, said Jane Doe crafted her story to protect her reputation.

"The whole case depends on (Jane Doe's) testimony," Martin said. "So if you believe her, what do you believe? She has several stories. There's no way she's going to tell (the real) story. She wants everybody to believe she's a virtuous person."
