War Machine 'blows a kiss' at prosecutor while his lawyer argues Christy Mack's porn star past 'gave consent'
Lawyers defending MMA fighter War Machine against charges of raping and beating his former partner claim because his alleged victim worked in adult entertainment she had "the desire, the preference" for sexual activities "that were outside of the norm".
The Mixed Marital Artist and Ultimate Fighting Champion professional born Jonathan Koppenhaver is accused of brutally raping and beating his ex-girlfriend and former porn star Christine Mackinday in two separate incidents in May 2013 and August last year.
While facing a court in Las Vegas on Monday, his lawyers also claimed that as Mackinday had made "false" rape allegations against Koppenhaver in the past, which she later dropped.
The defence forced the legal professionals into a lengthy discussion about the evidence, at which point the fighter "blew a kiss" at Chief Deputy District Attorney Jacqueline Bluth, the Las Vegas Review-Journal reports.
"Judge, for the record, Mr Koppenhaver just blew a kiss at me," she said.
Koppenhaver's lawyer Brandon Sua claimed he did not see a thing.
Bluth replied: "I'm not going to make up that he blew a kiss at me, which I find offensive."
District Judge Elissa Cadish addressed Koppenhaver as he sat shackled in the dock, wearing an orange jumpsuit.
"Mr. Koppenhaver, stop. You are not to make any gestures of any kind toward counsel. Don't go there."
Koppenhaver apologised while his lawyer tried to undermine the charges against him.
Sua was claiming that because Mackinday – better known as Christy Mack – worked in porn - and had been filmed engaged in some rough sexual scenes - her profession engendered consent, creating "the desire, the preference, the acceptability towards a particular form of sex activities that were outside of the norm".
A legal argument ensued, with claims rape shield should limit a defendant's ability to introduce evidence regarding a victim's sexual history – including details of Mackinday's professional past.
"Because she consented to those acts through her course of employment does not mean the defendant is then entitled to think he can do that to her," Bluth said. "You can't make that leap."
But lawyers insisted Mackinday's phone messages to the defendant would show there was "ample evidence" she was "enticing Mr Koppenhaver to come over that evening, ample evidence of her consenting to him being there" on the night of the second attack last night.
In the second alleged attack last year, Koppenhaver broke into Mackinday's Las Vegas home and beat her. Mackinday posted pictures of her black-and-blue body on social media.
She suffered a "blowout" fractured eye, various broken facial bones, a lacerated liver, broken ribs while sustaining large bruises across her body.
Koppenhaven allegedly choked Mackinday's friend Corey Thomas for 10 minutes before letting him go and telling him not to call the police.
Koppenhaven went on the run for a week before he was arrested in California.
Prosecutors said they had no idea he had kept the phone, and Koppenhaven's lawyer was ordered to hand it over so the new evidence could be reviewed.
Despite legally changing his name to War Machine, the court ruled he be referred to by his birth name during the proceedings.
If you or someone you know is suffering from sexual or domestic abuse, don't suffer in silence.
Call 1800 RESPECT any time of day or night.
Call Lifeline which offers 24-hour support in your state on 131 114
For children and young people, call the free support line on 1800 551 800
Adults Surviving Child Abuse: 1300 657 380
Survivors and Mates Support Network: 02 8355 3711
Bravehearts: 1800 272 831
Relationships Australia: 1300 364 277 www.relationships.com.au
ASCA (Adults Surviving Child Abuse): 1300 657 380 www.asca.org.au
News break – November 17
