Matthew England, a Fayette County assistant prosecutor, told the Gazette in 2011 that authorities looked into the case at the time but came across security camera footage that showed her apparently walking calmly with the group to the secluded room. The girl had previously claimed that she had been dragged to the area kicking and screaming, according to England.
During one interview with investigators, the girl also apparently recanted a portion of her testimony by saying "nobody had sex with me." She maintained, however, that she had been forced to perform oral sex.
Medical reports indicate that the girl suffered vaginal tearing. When England asked her to explain how that happened, the girl responded that "she rode four wheelers", according to court documents.
Dr. Bobby Miller, a forensic psychologist, testified during one deposition that it is common for rape victims to recant during stressful situations. Sattler also pointed out in her brief that the parties did not present any evidence that indicates simply riding on a four-wheeler as a cause of vaginal trauma.
One of the girl's female friends also with the group at the time of the alleged sexual assault. She said in one deposition that she witnessed the girl resisting her attackers and added that at some point, "it got real serious."
"Because when they like started pulling on her, and then she wasn't laughing anymore, and then she just kept saying 'no,' the friend said in the deposition. "And then when I went in the stairwell and I seen them, like at the bottom, like I told you earlier -- yeah and then when she came out and she wasn't laughing or anything, I knew it was serious."
Sattler said that she believed the friend's testimony corroborated the girl's rape.
Lawyers representing the state Board of Education could not be reached for comment.
U.S. District Judge Joseph Goodwin set the trial in the case for Aug. 26.
Reach Zac Taylor at zachary.tay...@wvgazette.com or 304-348-5189.