Cape and Islands prosecutor Michael Patterson (red tie) and defense attorney J. Drew Segadelli (right) at sidebar conference with Judge Gary Nickerson and superior court clerk Joseph E. Sollitto Jr.
Mark Lovewell

Trial Begins in Rape Case

Closing arguments were scheduled for Friday morning in Dukes County superior court in the case of a California man charged with rape.

Closing arguments were scheduled for Friday morning in Dukes County superior court in the case of a California man charged with rape. Adam M. Smith, 29, of Berkeley, Calif. is facing two counts of rape and one count of intimidating a witness. The case dates to early September 2015 when Mr. Smith was visiting the Vineyard for a bachelor party. A jury of nine men and four women was empaneled Tuesday morning. The Hon. Gary A. Nickerson is presiding.

In opening arguments Tuesday, prosecutor Michael Patterson, an assistant Cape and Islands district attorney, said the alleged victim, now 32, was on Martha’s Vineyard with two friends when she met Mr. Smith and his friends at the Seafood Shanty on the night of Sept. 4.

It is the Gazette’s policy not to identify alleged victims of sexual assault.

Defendant Adam M. Smith with his attorney.
Mark Lovewell
Defendant Adam M. Smith with his attorney.
Mark Lovewell

The woman and her friends went back to the Katama home that the men had rented for the weekend, Mr. Patterson said. The alleged victim and Mr. Smith eventually went to an upstairs room, he said, “and at some point things became not consensual . . . at some point the defendant became physically aggressive.” Mr. Smith allegedly told the alleged victim not to tell anyone or he would kill her, the prosecutor said.

The women left and eventually called police, he said.

In his opening statement, defense attorney J. Drew Segadelli said some of the facts of the case would not be in dispute. Mr. Smith and his friends went to the Seafood Shanty and met the alleged victim and her friends, he told jurors, and the women were invited back to the Katama home.

Mr. Segadelli said the women were at the house for a short time, and said the defendant and alleged victim engaged “in what young people do.” He said the woman had allegedly taken stimulants and her blood alcohol level was allegedly more than twice the legal limit. He said the women tried to call a cab and then later called police.

“Keep an open mind,” he told the jurors, adding that the defendant has to be found guilty beyond a reasonable doubt.

The jury heard two days of testimony. Witnesses included Edgartown police Lieut. Christopher Dolby and police officer Ryan Ruley and a forensic scientist with the Massachusetts State Police Crime Lab. A man who attended the bachelor party and the alleged victim’s friends also testified. The alleged victim and defendant also took the stand.

Comments

Submitted by Anonymous (not verified) on Wed, 10/04/2017 - 12:09

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Catherine

Very lovely. Already the defence going after the victim. It doesn't matter what drugs a woman has done or how much she drinks. No means, no.

deshandra brown Edg

Agreed. No means no. Only 2 people know what went on there and one is the accused and one is the accuser. Its a horrible crime if the allegations are true. Its equally horrible to be wrongfully accused (in which case the accuser/'victim' suffers no legal consequences if there is a finding of not guilty of the accused) I'm sure you heard about the Duke soccer team. A few years ago a well known male NY TV news anchor met a woman at a bar, had a few drinks, and went back to her office and had consensual sex. She followed up days later with text messages thereafter stating what a great time it was and when were they going to meet again. Then her boyfriend found about the 'tryst', and the news anchor was accused of rape. Fortunately he had the text messages to prove otherwise, but if he did not have that electronic evidence, he very well could have been spending a long time in jail if he was convicted by a jury. I am not trying to minimize the charges here, but any person accused of a crime is entitled to a defense. And part of that defense in case like this where 'he said she said' would be all circumstances surrounding whatever led to this unfortunate situation. Only these two people know the true answer.

Not guilty Edgartown

Only victim in this trial was the man, and the jury agreed. I can't even imagine how terrified he was knowing that any time someone throws around allegations like she did, people automatically assume the worst.

Submitted by Anonymous (not verified) on Thu, 10/05/2017 - 08:09

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Carolyn O'Daly Katama

Years ago I was an adult learner in a class of college kids after a similar event took place. I told them that no one is responsible for your protection except yourself. You look both ways before you cross the street. You don't get drunk and/or do drugs and go to a boys dorm room. The so called victim must bear at least some of the responsibility. That said...no really does mean no. Did she really say no or is this buyer's remorse. These are questions there will be no answers for the jury.

Submitted by Anonymous (not verified) on Thu, 10/05/2017 - 13:51

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Susan Straight Chilmark

It sounds as if the woman, not the alleged rapist, is on trial. When will move beyond blaming the victim?

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