Sex is sex

Hearing held in MySpace assault:

Nicolas Brinson, one of the suspects in the Colorado rape and theft case, appeared in court Monday…

BOULDER: A Boulder teen accused of sexually assaulting a woman he met on the Internet admitted to investigators he continued trying to have sex with her while she vomited after drinking too much, a detective testified Monday.

“He said, ‘Sex is sex,'” Boulder County Sheriff’s Detective Ali Bartley said under oath.

What a winner he is.

Nicolas Brinson, 18, is accused of repeatedly having sex with the woman, also 18, during a party at her house Feb. 23, after meeting her for the first time that night. County investigators say the two became acquainted via the MySpace social networking Web site.

During her testimony Monday, Bartley described how investigators believe the group partied at the 18-year-old woman’s house near 61st Street and Valmont Road before stealing thousands of dollars worth of the woman’s family’s belongings and leaving the home in shambles.

Bartley testified that some members of the group drank alcohol together at the woman’s house. The woman told investigators she drank between 10 and 15 shots of Grand Marnier alcohol in an hour before she went to her room.

The woman does not remember going to her room, though some people at the party told investigators they saw her and Brinson go to her room holding hands, Bartley said.

The woman told detectives she had blacked out for a good part of the night, waking up briefly while she was being assaulted to say “no” and “don’t do this to me; I am so drunk,” Bartley said.

Another woman who was at the party told investigators she saw Brennan and Heneks go into the woman’s room later that night and try to wake her up, saying, “If you don’t get up, we’re going to rob your house.”

When the woman didn’t get up, the two, accompanied by others at the party, proceeded to go from room to room, looking for things to steal, Bartley testified Monday.

In all, about $40,000 in belongings were taken, Bartley said, including expensive jewelry, clothes and stereo equipment. When investigators searched Brinson’s home, they recovered a parka, about $70 in change and a bottle of prescription medication, all reported stolen from the woman’s home, Bartley said.

Brinson, clad in blue jeans, construction-style boots and a white shirt said nothing during Monday’s hearing. He has been charged with two counts of sexually assaulting a helpless victim, two counts of sexually assaulting a victim incapable of appraising condition, criminal mischief between $500 and $15,000, and theft of $15,000.

His attorney, Steven Louth, argued that prosecutors didn’t have enough evidence for Brinson to be bound over on felony theft charges, as the items recovered from his home were not worth that much money and because he didn’t know the other people at the party very well.

But Judge John Stavely said he believed there was probable cause to believe Brinson was complicit in the theft of the items from the woman’s home because he reportedly left the party with some of those people in a cab, leaving room in their personal vehicles for the stolen goods.

“It could be inferred that he was involved,” Stavely said.

Brinson is scheduled to appear again in court June 23. He remains free on $30,000 bond. The other men implicated in the case are due in court Thursday afternoon.

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