The Patriots safety is charged with assault and battery with a dangerous weapon
The attorney of New England Patriots safety Jabrill Peppers filed a series of motions Thursday less than two weeks before his client faces a jury.
Marc Alan Brofsky wanted to prevent prosecutors from introducing evidence of previous misconducts by Peppers, referring to a statement made while he was being booked, referring to the accuser as a victim and introducing evidence of cocaine found in Peppers’ wallet when he was arrested, per MassLive’s Charlie McKenna.
“Brofsky has also moved to introduce evidence of ‘the alleged victim’s prior sexual behavior with (Peppers)’ and to introduce videos taken by Peppers on the night of the incident Brofsky has said prove his client’s innocence,” McKenna wrote.
A hearing on the motions is scheduled for 11 a.m. ET and Peppers’ trial is slated for Jan. 22 in Quincy District Court. Peppers is charged with assault and battery with a dangerous weapon, strangulation or suffocation, possession of a Class B drug and assault and battery on a family/household member. The 29-year-old was stripped of his captaincy.
Brofsky revealed in a motion that Peppers said, “I (expletive) up coach,” during a telephone call at Randolph Police station. The attorney suggested prosecutors might intend to offer it as some sort of admission but argued it couldn’t be seen as “an admission he committed any of the offenses he is charged with.”
Another motion asked Judge Mark Coven to prevent prosecutors from introducing evidence that accused Peppers of assaulting the same woman in October 2023 due to relevancy. He also argued the cocaine found in his wallet is also irrelevant to the case.
Brofsky claimed the woman should not be referred to as a victim because doing so “impermissibly and needlessly invades the province of the jury to the defendant’s prejudice.” In other words, calling the woman a “victim” would influence the jury’s view of Peppers’ case.
The video evidence seems to be the central part of Peppers’ defense in the case, per McKenna. Brofsky claimed they showed the woman, who accused Peppers of choking her and throwing her down a flight of stairs, with only a scratch on her knee. They also allegedly show the woman refusing to leave Peppers’ apartment despite him repeatedly asking for her to do so.
While the Patriots allowed Peppers to return after his arrest, he remains under investigation by the NFL.