NEW ORLEANS, LA (WVUE) - Darren Sharper and Erik Nunez admitted to witnesses that they had sex with women "without their knowledge or permission," according to arrest warrants made public Thursday.
"Basically admitting to having sex with these women. That's hearsay, but it's admissible hearsay because it's a statement against interest," said FOX 8 legal analyst Joe Raspanti. "If that proves out to be true, it's going to be very difficult for them to overcome."
Two women, identified as victim one and victim two, reported that they "were substantially impaired by (a) substance to a degree that both do not recall the entirety of the sexual intercourse."
According to the document, they reported that at separate times on the same day, each woman, "awoke from a stupor with the accused Darren Sharper completely nude on top of her."
The arrest warrant did not mention the women saying anything about Sharper's acquaintance, Erik Nunez.
However, the document states that another person who had a key to Sharper's apartment said he arrived after the alleged incidents, entered the apartment, and "observed the accused Darren Sharper, standing dressed in boxer shorts (underwear). At that time he observed the second accused, Erik Nunez, exiting the bedroom known to him as Darren Sharper's bedroom, the room that Nunez had just exited. The witness observed Nunez to be wearing boxer shorts."
"Mr. Nunez may have some wiggle room here, and he may be able to avoid horrific prosecutions here if, one: his DNA is not found on either one of these women and, two: if he never made statements inculpating himself and, three: maybe if he cooperates with the authorities," said Raspanti.
Both Nunez's lawyers and Sharper's lawyers said they expect their clients to be fully exonerated.
"My client is not a famous football player, he's just a good kid whose never been in trouble," said Jeffrey Smith, Nunez's attorney.
In Magistrate Court in New Orleans on Feb. 28, Nunez was deemed a flight risk and the judge ordered him held without bond.
His attorney called that an injustice.
Darren Sharper is accused of raping nine women and drugging 11 people in five states between September 2013 and January 2014. He pleaded not guilty to rape and drug charges in Los Angeles, and authorities in Tempe, Ariz. Las Vegas and Miami all have active investigations into Sharper, but they have not arrested or charged him.
Police said the New Orleans incidents happened after a night of drinking at downtown bars following the Saints' home victory over the Arizona Cardinals, and Sharper met at least one of the women earlier that night at an event for Saints players.
Smith says Nunez is an event promoter for professional football players.
In New Orleans, both Nunez and Sharper face charges of aggravated rape.
"Mr. Nunez may be able to avoid these charges, not so much for Mr. Sharper. I think he's in a lot more trouble," said Raspanti.
Sharper remains jailed in Los Angeles. He has a hearing Friday to determine whether he will be extradited to New Orleans.
Nunez is jailed in New Orleans, and he also has a hearing on Friday.