The defense called its first witnesses Wednesday morning after a motion to acquit was denied at the trial of a former Sigma Alpha Epsilon fraternity member accused of rape.

John Richard Tate, 25, is charged with third-degree sexual abuse after another Iowa State student, Kara Renee Elsasser, junior in interior design, accused Tate of raping her in December 1996.

Defense attorney Guy R. Cook asked the court to approve a motion of acquittal because, he said, earlier testimony from the state’s witnesses did not provide enough information for the jury to make a decision.

In particular, Cook noted that Elsasser does not remember any specifics of her encounter with Tate.

Cook said the state’s key witness, SAE member Erich Grashorn, was inconsistent in his testimony. Grashorn testified Tuesday that he heard Tate tell Elsasser she did not give her consent. Cook said Grashorn had told defense attorneys before the trial that he did not hear Tate say that to Elsasser.

Story County District Court Judge Dale Ruigh denied the motion for acquittal because, he said, the jury could make a decision with the evidence provided by the prosecution.

The trial continued with the defense calling five SAE fraternity members to the stand.

The witnesses all attended an annual wild game dinner and a dance that preceded the alleged rape, but only two said they could remember seeing Tate that night.

Each witness testified that he had been drinking, and each testified that he has never seen Tate act inappropriately to women.

Witness Jesse Winkle, junior in management information systems, was Tate’s former roommate at SAE.

Winkle said he slept in a bunk next to Tate’s in the “cold air dorm,” a room where all the members of the pledge class sleep, the night of the wild game dinner.

Winkle said he heard no voices from Tate’s bunk after going to bed at about 3 a.m.

Winkle also answered affirmatively when Story County Attorney Mary Richards asked whether he sleeps soundly after drinking.

Christopher Ballas, former ISU student and president of the SAE pledge class Tate was a member of, said he did not hear any unusual noises when he went to sleep sometime between 2:30 and 3 a.m. He said he was a close friend to Tate, and considers Tate to be honest.

“I consider him to be a good guy; otherwise I wouldn’t be here,” Ballas said.

Tate was later called to the stand.

Cook asked Tate to describe his disability, a partially paralyzed left arm and leg.

Tate also was asked to tell his version of what happened the night of the game dinner.

He said he was a server for the dinner earlier in the evening, and he had consumed three beers that night. Tate said he saw Elsasser after the dinner as he was going to his room to change clothes.

Tate said he met Elsasser again on the dance floor, and the two danced and kissed during the slow songs. He said he asked Elsasser if she wanted to go upstairs with him, and she agreed.

Tate’s testimony continued Wednesday afternoon, and the trial is expected to run through next week.