Mistrial Declared In Rape Case

By SUSAN MENDE

CANTON - A St. Lawrence County Court jury rendered a not guilty verdict on a first-degree rape charge against a Norfolk teenager late Thursday afternoon but remained deadlocked on the second count of third-degree rape, prompting County Court Jerome J. Richards to declare a mistrial.

Daniel J. Rode Jr., 19, was accused of forcing a female teenager to engage in sexual intercourse with him and was on trial for one count of first-degree rape, a Class B felony and third-degree rape, a Class E felony.

A six-man, six-woman jury deliberated around four hours before the mistrial was declared. The jury had earlier came back Thursday afternoon with the not guilty verdict on the first-degree rape count.

Judge Richards read a note from the jury shortly after 5 p.m. Thursday, noting a 6-6 deadlock.

The district attorney's office now have the option of a retrial on the third-degree rape count only. Mr. Rode was released on $10,000 cash bail.

Mr. Rode is accused of having sexual intercourse with a 17-year-old female by forcible compulsion and without her consent May 16 in the town of Norfolk. Mr. Rode was 18 at the time of the alleged crime.

During his 15-minute closing, defense attorney Charles B. Nash told jurors the only evidence the sex wasn't consensual was the girl's testimony.

"You don't have any evidence of force here, except what she said," Mr. Nash said during his 15-minute closing. "These are two young teenagers who went to a party and consumed alcohol and maybe some other substance. One thing escalated to another and we're here."

He asked jurors to question the lack of other evidence presented in the trial such as a doctor's evaluation, the alleged victim's underwear or the blanket where the two allegedly had sex.

"Both parties removed their own clothes," Mr. Nash said. "You just don't have any other evidence other than what the two of them said."

During her closing, Assistant District Attorney Victoria M. Esposito emphasized that both the alleged victim and the defendant testified that the girl told Rode she didn't want to have intercourse.

She also testified that while they were having sex, she repeatedly told him "no," and "stop."

"She told him she didn't want to have sex. We know that from him and her," Ms. Esposito said. "She said, 'no', she said 'stop.' That's lack of consent."

The prosecutor also said Rode had the victim's arms pinned so she couldn't push him off.

The alleged victim also testified that after finishing intercourse, Rode asked her if she was going to tell anyone that he raped her.

"What we have here is the story of a teenage girl who got in over her head," Ms. Esposito said.

In May 2007, Mr. Rode pleaded guilty in county court to attempted third-degree burglary. He admitted taking part in a Nov. 25, 2006, burglary at the Orval W. Kimble home, Norfolk.

He pleaded not guilty to the charge during his July 24 arraignment.