Smithville man cleared of all charges in rape case
NORWICH – A Smithville man charged with rape and assault was cleared of all charges against him in county court Wednesday morning.
Stanley R. Whitman, 50, Smithville Flats, was found not guilty on all four charges against him after a two-and-a-half-day bench trial under Supreme Court Justice Kevin M. Dowd.
Assistant District Attorney Stephen Dunshee and Assistant Public Defender Lisa Natoli portrayed two disparate stories during the trial, in which the defense claimed the 48-year-old woman was the aggressor while the prosecution accused the defendant of rape.
After the verdict, Dunshee said he was “disappointed” in the decision and could not make further comment.
Dowd said this was his first non-jury criminal trial since becoming a judge and he commended both attorneys for their “excellent representation.”
Dowd said the case was originally a “he said/she said” type of case and found the accuser’s timeline of events “disturbing,” saying the defendant’s testimony was “much more consistent.”
“On behalf of my client, I would like to say there was a complete lack of physical evidence and in fact the physical evidence supported my client’s version of events,” said Natoli.
The judge noted that by her own admission and by all other considerations, the alleged victim was intoxicated and on anti-depressant medication at the time of the incident. Dowd also noted that the woman willingly went with Whitman and would not disclose certain details about the fight with her boyfriend prior to the incident while on the stand.
The incident took place March 31, 2007 after the woman was involved in a fight with her boyfriend and walked to a nearby bar, Seeber’s, in Smithville, to find a ride home.
Testimony indicated the woman and defendant left the bar at around 7 p.m. traveling to Oxford to buy a six pack and cigarettes. The two then drove toward Greene, where the woman’s residence was located, but pulled over behind an abandoned trailer on Counter-Marsh Road, where the alleged attack took place. On the stand, the woman claimed she need to use the bathroom, while the defendant said they went to the site to “hang out.”
“He has and still does maintain his innocence from the first day to this one,” said Natoli.
In his decision, Dowd said he had a responsibility to the people and more importantly to the law, saying, “regardless of where it may take you and regardless of whether it comports with your own visceral responses or visceral instincts.”
Stanley R. Whitman, 50, Smithville Flats, was found not guilty on all four charges against him after a two-and-a-half-day bench trial under Supreme Court Justice Kevin M. Dowd.
Assistant District Attorney Stephen Dunshee and Assistant Public Defender Lisa Natoli portrayed two disparate stories during the trial, in which the defense claimed the 48-year-old woman was the aggressor while the prosecution accused the defendant of rape.
After the verdict, Dunshee said he was “disappointed” in the decision and could not make further comment.
Dowd said this was his first non-jury criminal trial since becoming a judge and he commended both attorneys for their “excellent representation.”
Dowd said the case was originally a “he said/she said” type of case and found the accuser’s timeline of events “disturbing,” saying the defendant’s testimony was “much more consistent.”
“On behalf of my client, I would like to say there was a complete lack of physical evidence and in fact the physical evidence supported my client’s version of events,” said Natoli.
The judge noted that by her own admission and by all other considerations, the alleged victim was intoxicated and on anti-depressant medication at the time of the incident. Dowd also noted that the woman willingly went with Whitman and would not disclose certain details about the fight with her boyfriend prior to the incident while on the stand.
The incident took place March 31, 2007 after the woman was involved in a fight with her boyfriend and walked to a nearby bar, Seeber’s, in Smithville, to find a ride home.
Testimony indicated the woman and defendant left the bar at around 7 p.m. traveling to Oxford to buy a six pack and cigarettes. The two then drove toward Greene, where the woman’s residence was located, but pulled over behind an abandoned trailer on Counter-Marsh Road, where the alleged attack took place. On the stand, the woman claimed she need to use the bathroom, while the defendant said they went to the site to “hang out.”
“He has and still does maintain his innocence from the first day to this one,” said Natoli.
In his decision, Dowd said he had a responsibility to the people and more importantly to the law, saying, “regardless of where it may take you and regardless of whether it comports with your own visceral responses or visceral instincts.”
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