In 90 minutes jury finds combat veteran not guilty of all charges in rape case
NORWICH – Following a day and a half trial, a jury of four women and eight men deliberated for about 90 minutes before finding defendant Donald Reese not guilty on all counts – first and third degree rape.
Defense Attorney Veronica M. Gorman thanked the jury for their service, “I always thank juries regardless of verdict.”
She said listening to emotional testimony and sorting out facts from sympathies was difficult.
“An accusation is just that and a lot of proof is necessary and it's not something you learn form watching law and order shows.”
She said the jury made a decision based on a “lack of legally sufficient evidence”and a high constitutional standard of proof needed to convict.
As she said in closing arguments, “Everybody understands it is not 'probably guilty' or 'maybe guilty' it is 'guilty' or it is 'not guilty.'”
Also before the verdict was announced, Norwich Detective Sergeant Reuben Roach said he hoped for a conviction in the case.
“People know that when we receive a complaint like this we take it very seriously. I believe it doesn't matter who you are, or what you do, a victim or a suspect, we will investigate it and if we find something to corroborate what we are hearing we will take it to court,” he said.
Reese, a former corrections officer and military veteran was accused of committing rape on September 11, 2019.
Following what prosecutors described as a third date, Reese was accused of making forced sexual advances despite being told to stop and then forcing himself on the victim.
The next day the victim talked to coworkers and called police to report the incident, which began the initial investigation by the Norwich City Police.
A special prosecutor and judge were appointed in the case after local judicial officials recused themselves due to the fact the defendant, Reese, was a corrections officer for the Chenango County Sheriff's Office.
His duties included transporting inmates to local courts and interacting with local court officials.
In 2018 Reese resigned due to medical issues relating to injuries sustained during combat in Iraq, for which he was awarded a Purple Heart.
Otsego County Court Judge John F. Lambert is presiding in the case with Otsego County District Attorney John M. Muehl prosecuting.
According to court testimony Reese resiged from his post at the jail due to medical issues in 2018, about a year before he was arrested.
“He took medical leave due to his combat service injuries a year before,” Gorman said Friday.
Gorman said Reese was charged in a sealed indictment and his case was delayed several times due to COVID restrictions. She said her client spoke with investigators and was charged with rape a year later.
After being charged with such a crime Gorman said, “Every good thing you have ever done is drawn into question. Being a combat wounded purple heart recipient becomes obsolete and you are on trial in the court of public opinion. Your name becomes tarnished and now he has to rebuild his reputation in his community, through no fault of his own.”
During the trial both the victim and defendant took the stand.
Gorman said it was the first time Reese was able to tell his story.
“He took the stand in his own defense, that was always his desire,” she said. “From the time he's arraigned on this indictment in 2019 until now, he hasn't had opportunity to testify.”
Gorman told the jury during opening statements that after they were able to review all the texts and messages exchanged between the two it would show her client was not the aggressor.
The jury was presented with about 150 pages of Facebook and text messages from the entire course of the relationship, said Gorman.
Defense Attorney Veronica M. Gorman thanked the jury for their service, “I always thank juries regardless of verdict.”
She said listening to emotional testimony and sorting out facts from sympathies was difficult.
“An accusation is just that and a lot of proof is necessary and it's not something you learn form watching law and order shows.”
She said the jury made a decision based on a “lack of legally sufficient evidence”and a high constitutional standard of proof needed to convict.
As she said in closing arguments, “Everybody understands it is not 'probably guilty' or 'maybe guilty' it is 'guilty' or it is 'not guilty.'”
Also before the verdict was announced, Norwich Detective Sergeant Reuben Roach said he hoped for a conviction in the case.
“People know that when we receive a complaint like this we take it very seriously. I believe it doesn't matter who you are, or what you do, a victim or a suspect, we will investigate it and if we find something to corroborate what we are hearing we will take it to court,” he said.
Reese, a former corrections officer and military veteran was accused of committing rape on September 11, 2019.
Following what prosecutors described as a third date, Reese was accused of making forced sexual advances despite being told to stop and then forcing himself on the victim.
The next day the victim talked to coworkers and called police to report the incident, which began the initial investigation by the Norwich City Police.
A special prosecutor and judge were appointed in the case after local judicial officials recused themselves due to the fact the defendant, Reese, was a corrections officer for the Chenango County Sheriff's Office.
His duties included transporting inmates to local courts and interacting with local court officials.
In 2018 Reese resigned due to medical issues relating to injuries sustained during combat in Iraq, for which he was awarded a Purple Heart.
Otsego County Court Judge John F. Lambert is presiding in the case with Otsego County District Attorney John M. Muehl prosecuting.
According to court testimony Reese resiged from his post at the jail due to medical issues in 2018, about a year before he was arrested.
“He took medical leave due to his combat service injuries a year before,” Gorman said Friday.
Gorman said Reese was charged in a sealed indictment and his case was delayed several times due to COVID restrictions. She said her client spoke with investigators and was charged with rape a year later.
After being charged with such a crime Gorman said, “Every good thing you have ever done is drawn into question. Being a combat wounded purple heart recipient becomes obsolete and you are on trial in the court of public opinion. Your name becomes tarnished and now he has to rebuild his reputation in his community, through no fault of his own.”
During the trial both the victim and defendant took the stand.
Gorman said it was the first time Reese was able to tell his story.
“He took the stand in his own defense, that was always his desire,” she said. “From the time he's arraigned on this indictment in 2019 until now, he hasn't had opportunity to testify.”
Gorman told the jury during opening statements that after they were able to review all the texts and messages exchanged between the two it would show her client was not the aggressor.
The jury was presented with about 150 pages of Facebook and text messages from the entire course of the relationship, said Gorman.
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