Witness In Rape Case Against Former TU Student Ordered To Remain In State

A key witness in the case against a former TU student accused of rape can't leave the state to return to his home country of Columbia.

Instead, he will remain in Oklahoma as a material witness, with an ankle bracelet, to ensure he doesn't leave.

Before the hearing began, and during it, the defense attorney and prosecution yelled at each other - to which the judge said if they continued he would end the hearing.

The witness is being ordered to stay here after Louis Molina - a former TU student - was arrested and charged with rape earlier this year after prosecutors say he recorded himself having sex with an unconscious woman in one of TU's dorms.

10/27/2016 Related Story: 2 New Sexual Battery Charges Filed Against Former TU Student

In open court, the prosecutors argued the witness did not contact police after viewing the crime on Molina's cell phone, and that he made statements to police that he feared for his life - believing someone from Molina's family would hurt him - so he needed to leave the country.

It is the prosecution's belief that if the witness leaves he would not return to testify, but the defense attorney said the witness has always complied and had never shown any signs he wouldn't.

He also said the witness was working to get a visa to come back on his own for the trial.

The judge ruled in favor of the State, saying the witness qualified to be a material witness and the judge thinks he likely won't come back if allowed to go home.

The next hearing for the Molina case is set for January 6th.