NORWICH – Court came to a close late Tuesday with the people resting their case against an accused home invader and rapist.
After hearing the testimony from six witnesses, which included the victim and alleged coconspirator in the crime, defense attorney Linden D. Summers said he could not tell the court if his client, Jonathan “Joe” Elwood, 30, of Ashcraft Road, Norwich, would testify in his own defense today.
The prosecution called the victim to the stand to describe her version of events that took place during the Dec. 4 attack. She had fallen asleep she said, sometime around 8:30 p.m. and was awaken by a “loud bang.” Not until moments later would she realize that the source of the noise was two men breaking down her front door. In statements given to police, Elwood reported his coconspirator, Stephen R. Ohl, 25, of Lawrence Road, Sherburne, was the one who entered the home first – but in Ohl’s confession to the court last Wednesday, he said it was Elwood.
“I realized men were in my house and in that second I looked behind me and there was a man with a gun and he just hit me,” said the victim. In the following questions by the defense, the victim said she believed it was Ohl who struck her.
The gun used in the Sherburne attack was on display before the court and was an AK-47 assault rifle with pink camouflage. Ohl admitted in court the weapon belonged to him. However, Ohl, the victim and Elwood’s statements to police point to Elwood as the one carrying the gun. The prosecution brought in the man who later purchased the gun from the two suspects and reported that at the time he received the weapon, it was functional and had full automatic firing capability.
Ohl appeared before the court and said Elwood was the driving force behind the home invasion. Ohl said Elwood was the one who broke into the house, had the gun, struck the victim and told him to rape her. Ohl also said he was accepting responsibility for his actions and was remorseful.
“You say you’re remorseful but you didn’t break in, you didn’t hit her, you only raped her because you were told to, you didn’t tie her up?” asked Summers. He was referring to statements given by the witness that contradicted Ohl’s. She said that Ohl attacked her and then tied her up. Police also found Ohl’s DNA on the phone cord used to restrain the woman. When asked if he was the one responsible for tying the victim’s hands and feet, Ohl responded, “I didn’t know she was tied up, but I can tell you it wasn’t me.”
Summers also brought up one of Ohl’s past felony burglary convictions and that his seven year live-in girlfriend’s father worked for the victim. Ohl denied he planned the attack or selected the house for burglary and said it was Elwood’s idea and was a coincidence.
“Isn’t it true that by saying what you are here today, you are saving yourself 32 plus years in state prison?” asked Summers before the question was objected to by the prosecution.
“So you cut a deal and all the bad things you did are now being blamed on Mr. Elwood, isn’t that true?” said Summers.
Both Ohl and the victim testified that Elwood “stood guard” while she was being raped, only standing a few feet away with the machine gun. Elwood told police at the time of his arrest the gun was not loaded.
Today, a jury of nine men and three women will hear further witnesses and arguments on behalf of the defense. Elwood is not obligated to testify.