NORWICH – The trial of Kyle J. Hackett – who is charged with rape in the first degree, a class B felony; sexual abuse in the first degree, a class D felony; and endangering the welfare of a child, a class A misdemeanor – continued Wednesday, June 22, at the Chenango County courthouse.
The prosecution began the day by calling the SANE (sexual assault nurse examiner) nurse, Jacquelyn Decker, who examined the victim on the day of the alleged incident. Decker described how she has been a nurse at Chenango Memorial Hospital for more than six years, and has been a SANE nurse for four years. She went into detail about the training that she received in order to become a certified SANE nurse before depicting the exam she performed on the victim the night that the alleged incident took place.
Decker said that she began the exam at 8:50 p.m. She provided testimony of what the victim told her about the alleged incident at the time and said that the victim “was very tearful, her voice was cracking and she was scared.”
Decker went on to convey that she did find signs of forced sexual trauma to the victim’s genitals during the examination. Head prosecutor and First Assistant District Attorney Michael D. Ferrarese asked her what the tears indicated, and Decker replied that they indicated trauma.
Ferrarese further asked what could have caused such injuries, to which Decker stated “unwanted force.”
When George Hildebrandt, attorney for the defense, cross-examined Decker, he asked her if a sexual assault could happen without any evidence of tearing or bruising, to which Decker said yes. He further asked Decker if someone could have tearing or bruising without a sexual assault occurring, to which Decker said was correct.
After Decker was excused, the prosecution called Detective John Fern of the Chenango County Sheriff's Office to the stand. Fern, who has worked at the CCSO for more than 15 years, and been a detective for 10 years, and he was the lead detective in the case against the defendant, Kyle Hackett.
Detective Fern testified that he received a complaint in July of 2014 with regard to the victim being a victim of rape. He followed up and took statements from both the victim and her mother on July 9. Five days later, he took a statement of the victim’s sister, who was also present in the residence when the alleged incident took place.
Fern attested to arresting the defendant on July 10, 2014. He also said that per a court order, issued by The Honorable Judge Frank B. Revoir Jr., he was able to obtain a sample of the defendant’s DNA. When tested in the New York State Crime Laboratory, this DNA matched the DNA found in the victim.
During his cross-examination of the witness, Hildebrandt questioned the detective’s methods of investigation. He probed Fern about why he never interviewed the victim’s father or ex-boyfriend, and asked if the detective had noticed any bruising on the victim when he had taken her statement, to which the detective replied no. Fern said, “If there was any bruising, I would have documented that.”
After these final two witnesses, the people rested. The defense did not call the defendant or any other witnesses to testify, and also rested.
In his closing argument, Hildebrandt began by portraying the story that the prosecution layed out for the jury. “Does it make sense that a family friend would practically abduct someone in their own home, in front of three other kids?” he said. He continued, describing that there was no proof whatsoever of any bruises that witnesses described seeing on the victim’s body.
Hildebrandt said there was no photos of them, they were not mentioned in any statements, nor were they mentioned in any medical records. Hildebrandt then noted to the court and jury that the victim said, in her testimony, that she didn’t scream because she didn't want to alarm her sister.
“If she's a victim of a violent, vicious assault, she's going to scream. Any of us would,” said Hildebrandt.
Hildebrandt said that the explicit version of the alleged rape, which the prosecution were depicting, did not make sense. “We all know that the version portrayed to you didn't happen,” he said.
He concluded his closing argument by adding, “The truth doesn't change over time. If you have a reasonable doubt over what the evidence shows, then you should find Kyle not guilty.”
Ferrarese started his closing statement by thanking the jury for their time and service. “Defense council just stated that there is but one truth, and it doesn't change over time,” he said. “If you examine the evidence, there is only one reasonable conclusion, that the defendant raped (the victim).”
“You had the opportunity to view, first-hand, the impact that this rape on a 17-year-old girl by a 29-year-old man has had,” said Ferrarese. He continued to say how there is only one way that the defendant’s DNA could have gotten inside the victim. “You are here to decide if the defendant forcibly raped the victim.”
Ferrarese illustrated how the case was not about the inconsistencies about when the victim’s shorts came off, what room she ran to after the rape occurred or what the victim said to the SANE nurse.
“Your job is to determine if there was a forceable rape,” Ferrarese reiterated.
Once the closing arguments of both sides were finished, Judge Revoir gave the jury their instructions on what constitutes rape in the first degree, sexual assault in the first degree and endangering the welfare of a child. He described what elements need to be proven to find the defendant guilty on each charge.
The jury began deliberations at approximately 3 p.m. Wednesday. They were deliberating for about an hour before they were sent home. Deliberations will resume on Thursday, June 23, at 9 a.m.