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But Cross' lawsuit truly self-destructed when she admitted that she hadn't suffered any "adverse effects" from having sex with Nelissen and that she and Crummie had deliberately conspired to tape the encounter as a way to "protect herself" in case Nelissen didn't try to get a reduced sentence for Crummie.
Cross later told the jury that she didn't know what "adverse" meant. But by then, the damage was done. Bauer ended the trial without letting the jury render a verdict—or watch the video. "There is no plausible basis in which a jury could vote for the plaintiff," Bauer announced. "That's the way I see the evidence, and that's not going to change."
The judge demanded Crummie pay Nelissen $5,000 because he conspired with Cross to tape the sex. He ordered Cross to pay Nelissen $10,000 and, because her case was thrown out, pay the city of Westminster's legal fees.
After the judge's decision, Cross said a Westminster city attorney had offered her $35,000 to walk away without a trial. "I should have taken that offer," she said. "The whole system was wrong. Why have a jury trial if you're not going to give it to the jury?"
Cross said she plans to appeal Bauer's ruling—and to move out of her house, located just a few minutes from the Westminster Police Department.