Heated Moments As Accuser Is Cross-Examined In Bodenweiser Trial - 47 ABC - Delmarva's Choice

Heated Moments As Accuser Is Cross-Examined In Bodenweiser Trial

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***WARNING: Some of the material may be considered to be graphic***

SUSSEX CO., Del. - Tense moments inside the courtroom as the accuser in the Eric Bodenweiser sex abuse case took the stand for the second time Tuesday.

Defense Attorney Joe Hurley asked the alleged victim why he chose to go back to Bodenweiser's house a week after he was allegedly forced into sexual acts. The accuser responded with, "I looked up to him."

Hurley then stating, "Oh, you looked up to him when he stuck it in your mouth?" The accuser visibly agitated, responded with, "That's kind of a smart-a** thing to say."

And that's when the judge stepped in and called for a short recess. After meeting with the attorneys, he decided to call it a day, asking the jury to disregard those last comments.  

"It's a double entendre I didn't even intend. Until I said it and he reacted, then I realized it. I hurt his feelings I guess, and he's shaken up," Hurley said.

The defense attempted to discredit the alleged victim by bringing to light a number of inconsistencies in his testimony.

"A lot of emotions on his side. I don't have any. He's frustrated because he doesn't remember what he said before. And I wonder why. When you're fantasizing, it's difficult to keep the fantasy straight. It's just saying these are the facts. He's discrediting himself. I'm opening the door for him to implode because of the nature of him and his inconsistencies," Hurley said.

Bodenweiser himself remained poised and almost emotionless -- jotting down notes during the trial. We approached him for comment afterwards and got nothing.

As for whether he will eventually take the stand? Hurley says it's ultimately Bodenweiser's call.

"That decision is never made until the state rests its case and we put on our case and see where we are. He makes it based upon input that's given to him about, here's the options, here's the percentages, it's your decision," he said.

We were unable to interview prosecutors as they are on a gag order. Cross-examination will resume Wednesday morning at 9 a.m.

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