Attorney of former officer says alleged sexual assault never happened

COBB COUNTY, Ga. — A former Cobb County police officer entered a magistrate courtroom on Friday on the opposite side of the law.

Robert New is accused of assaulting a woman with the mental capacity of a child. He resigned from the Cobb County Police Department in June.

New’s attorney, Philip Holloway, argued in court that the May 26 assault never took place.

“We can see objectively she was invited to his house for the purpose of having rape sex. And, when that rape sex occurred, it suddenly became a crime,” said Holloway. “This is not an aggravated assault. It’s not an assault! It’s no more than two boxers who get in the ring and start pulverizing each other.”

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Holloway questioned Cobb Police Detective Brandon Moore’s testimony and grilled him about an electronic message conversation between New and the victim that suggested she agreed to “rape sex.”

“He says he’s role playing in the text messages, right?” Holloway asked Moore.

“Yes,” said Moore.

“He also told you that when you interviewed him, right?” Holloway asked.

“Yes,” said Moore.

Police say New met the woman on a dating app called “Meet Me.” Channel 2’s Chris Jose was the only reporter in the courtroom and he learned New exchanged thousands of Facebook and text messages with the alleged victim.

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On the night of the alleged assault, police revealed New’s girlfriend drove the now former officer to pick up the woman at her father’s home in East Cobb.

Jose learned the girlfriend drove them back to New’s home in Kennesaw.

Tara Crocker testified she was in the TV room when the sexual encounter took place in the bedroom.

Crocker said she did not want to have sex with New and the woman they picked up.

“Did you see anybody crying?” Holloway asked Crocker.

“No sir,” said Crocker.

“Did you see any injuries?” Holloway asked.

“No sir,” said Crocker.

“Did you hear any screaming?” Holloway asked.

“No sir,” said Crocker.

The state argued the victim was assaulted and held against her will.

“He struck her multiple times in the face and then placed his hands around her neck and strangled her,” said Moore. “She said she cannot breathe. She said she thought she was going to die. She could not tell him to stop.”

Holloway argued the sexual encounter was not an assault, rather sexual role play.

“It was two people consensually living out a fantasy scenario that was mutually agreed on in advance,” said Holloway.

Jose also learned a man who the alleged victim met through social media is the person who turned in New to police.

Moore testified the man and the alleged victim arranged a meeting to have sex, but the man realized the woman’s delayed mental capacity and opted to watch a movie together instead.

During a violent scene in the movie, the alleged victim told the man a similar incident happened to her.

The man suggested that they report the alleged assault to police.

“He was apprehensive to go to the Cobb County police, so he went to the Cobb County Sheriff’s Office,” said Moore.

Moore said the sheriff’s office directed the man and the alleged victim to Cobb County Police.

Jose previously reported that New is the former police chief of Emerson.

A judge lowered his bond to $75,000.

Cox Media Group