WACO (April 7, 2014) A judge Monday denied a motion seeking a new trial for a former Baylor football player who’s serving a prison sentence after he was convicted of sexual assault.
State District Judge Matt Johnson announced the decision Monday after taking the request under advisement on Friday.
Elliott was convicted of sexual assault and was sentenced to 20 years in prison in January.
The basis for the request for new trial was a contention that a surveillance tape that was used during trial includes a 30-minute gap that Elliott's lawyer says was intentionally deleted by prosecutors because it may have contained exculpatory evidence.
The tape came from cameras at a Waco apartment complex where many students, including several football players, attended a party.
Prosecutors said at a previous hearing that they did not alter the tape and that it was turned over to defense attorneys in the same condition they received it from investigators.
Elliott, a former defensive end, was indicted on Aug. 27, 2012 in connection with an incident involving the sexual assault of a woman in the early morning hours of April 15, 2012, during a party at a South Waco apartment complex.
Baylor suspended Elliott April 27, 2012 for unspecified team violations.
He was charged with sexual assault on April 30, 2012 and was freed on $10,000 bond.
Elliott later transferred to Central Arkansas.
Clint Conque, head football coach at Central Arkansas, suspended Elliott a day after the grand jury indicted Elliott on three counts of sexual assault.
Elliott's attorney Jason Darling says the initial allegations are untrue and the sexual encounter was consensual.
Elliott had 63 tackles and eight sacks in two seasons with Baylor.