The Dublin firefighter charged with rape over St Patrick\u2019s Day weekend did a \u201cterrible, terrible thing to another person simply because he wanted to and he thought he could\u201d, a Boston court heard. <\/p>\n
Terence Crosbie (39) denies ever touching the 29-year-old attorney, claiming that when he returned to the hotel room he shared with his colleague, Liam O\u2019Brien, shortly before 2am on March 15th, 2014, his bed was empty and the room was dark. <\/p>\n
Both the complainant and Mr Crosbie took the stand, bookending the five-day trial in Boston. <\/p>\n
In closing arguments on Wednesday, the prosecution and defence presented differing accounts of what they insist occurred at the Omni Parker Hotel in the 20-minute period in which Mr Crosbie, Mr O\u2019Brien and the complainant were together in room 610.<\/p>\n
The attorney claims she met Mr O\u2019Brien at The Black Rose bar, went to the hotel with him, had consensual sex, and she then went to the bathroom, leaving the bathroom light on for the duration of her stay. She told the court that when Mr O\u2019Brien fell asleep and began to snore, she went to sleep in the other bed, unaware that Mr O\u2019Brien, who had travelled to Boston with a group of more than 10 Dublin fire-brigade members to march in the St Patrick\u2019s Day Parade, was sharing a room. <\/p>\n
She said she awoke to an Irish man she did not know actively raping her, telling her she wanted it, and calling his \u201cfriend\u201d, Mr O\u2019Brien, a \u201closer\u201d, while the latter continued to snore. <\/p>\n
Mr Crosbie\u2019s defence attorney, Daniel C Reilly, told the court the state wants jurors to believe that no one would want to put themselves through the ordeal of filing a complaint and testifying \u201cif it didn\u2019t happen\u201d.<\/p>\n
\u201cIt\u2019s not that simple,\u201d Mr Reilly said. <\/p>\n
Because Mr O\u2019Brien was \u201csupposedly asleep\u201d and \u201crefused to testify\u201d, Mr Reilly told jurors that they had to rely on the complainant\u2019s word versus Mr Crosbie to reach their unanimous decision, adding that proof beyond reasonable doubt was a high bar that the state had not met. <\/p>\n
Mr Reilly argued that, due to intoxication and \u201cother factors\u201d the complainant is a \u201cless than reliable reporter\u201d. <\/p>\n
CCTV video revealed Mr Crosbie, a married father of two, to be kissing a woman at The Black Rose prior to the assault. On the stand Mr Crosbie testified the unidentified woman invited him home, but he declined the invitation. <\/p>\n
\u201cHe could have gone home with the woman he met at The Black Rose,\u201d Mr Reilly told the court, arguing that the state\u2019s allegation that Mr Crosbie was \u201con the prowl for sex\u201d does not check out. <\/p>\n
Mr Reilly noted the identities of the male DNA contributors collected from inside the complainant\u2019s genitalia could not be determined, and that instances of secondary DNA transfer or sample contamination are known to occur.<\/p>\n