SALT LAKE CITY (ABC4 Utah) - A judge tossed out key evidence for the state in its case against Osa Chad Masina.
As a result, Snapchat will not play a role in the rape trial of Masina, the former Brighton High School and USC football standout. He's accused of raping a young woman in Cottonwood Heights last summer.
It's alleged Masina used Snapchat to record himself having sex with a young woman while in California and sending it to her ex-boyfriend. The problem: video from Snapchat, a social app, disappears after it's watched.
"It's not clear it even existed," said Rebecca Skordas, Masina's attorney.
"I think the judge said it very clearly, there's not a very good foundation for this evidence."
Because the video vanished, the state was hoping testimony from the victim's ex-boyfriend showed it was non-consensual and it would help prove their Utah rape case.
The judge agreed with the defense and tossed the Snapchat evidence out.
"The judge said 'wait a minute, I don't think there's any rational basis for (ex-boyfriend) to give some opinion that this is video of non-consensual sex,'" said Skordas. "That's what the state wanted to use it for."
The Utah rape case centers on Masina allegedly raping the young woman a month after the California sex episode.
Prosecutors don't see the ruling as a major setback in its case against Masina.
"Obviously we're disappointed with the ruling but we accept it," said Blake Nakamura, chief deputy Salt Lake district attorney. "The filing of the case was not entirely dependant on this evidence. It was one piece of evidence that was at play."
Nakamura said this will not be a he-said-she said case.
"You rarely have a situation where it's just what they say without being able to support what they say with other evidence to give it some credibility.
The trial is scheduled to begin October 16.
It was once a rustic, cut-off farming village high in the French Alps.
SALT LAKE CITY, Utah (News4Utah) This morning GMU asks for…
Come January, most people are seeking relief from the holiday madness…