on december 18, 2004, fox was aboard united airlines flight 56 from honolulu to los angeles. during the flight, fox was seated next to an asian female passenger. the woman later told investigators with the fbi that she had taken dramamine because she wanted to rest and fell asleep holding a folded airline blanket on her lap, her arms crossed over her blanket. fox testified during his trial that after he placed his arm on the arm rest, the sleeping woman did not move her own arm from the arm rest. later, he pressed his leg against hers. fox claimed that he believed that because the sleeping woman did not move away, she was "giving him a nonverbal clue that she was sexually interested."