"9. It has recently come to the attention of the defense that a female patron at the same bar involved in Mr. Shannon’s Complaint alleges that she was present at the bar on August 26, 2023, when a black male (“3rd party”) sexually assaulted her in the “corner” of a room at the bar by grabbing her vagina. (Counsel for the State has confirmed the date and general location of the alleged assault by the 3rd party. Counsel for Mr. Shannon inquired of the State if the August assault took place in the “corner” of the Martini room. Counsel for the State refused to provide this information.) Unlike M.N., the victim was wearing pants at the time, such that the perpetrator was not able to touch her under her clothing.
10. This victim reported the allegations to University of Kansas Police and ultimately—after September 9, 2023--the 3rd party was charged with raping the victim at different location on the same night as the alleged assault in the bar. Those charges were subsequently dismissed.
11. Counsel has recently determined that the 3rd party identified as responsible for the August sexual assault (less than 2 weeks prior to incident in which Mr. Shannon is allegedly involved) was present at the bar, in the room, and in the same vicinity around the time that M.N. was allegedly assaulted."
Arterio Morris is the 3rd party .