BATH | Testimony wrapped up Friday in the attempted rape case against Jordan Frysinger, with an expert testifying about varying levels of intoxication, and one witness from the May 19, 2012 post-prom party presenting a very different view of the events of that night.
Also, a former Corning-Painted Post East High School teacher testifying in the case faced tough questions about her communications with former students.
Prosecutor Michael Tantillo, the Ontario County district attorney, alleges that Frysinger and Cedric Hairston sexually assaulted a teenage girl who was incapacitated by alcohol during a post-prom party at a Keuka Lake lakehouse owned by Frysinger's parents. The incident allegedly took place in a loft area in a smaller cottage next to the main lakehouse.
Frysinger, 21, is a former Corning Hawks athlete who was attending NCAA Division I University of Illinois on a football scholarship at the time he was arrested.
He is charged with three counts of first-degree attempted rape and one count of first-degree criminal sexual act, all felonies.
Friday, Dr. William Sawyer, a specialist in alcohol intoxication, testified that a woman of the alleged victim's size would still be very drunk the next morning if they drank enough to become unconscious the night before. He said such a person would still have a .22 blood alcohol level after 5 hours of sleep – far too drunk to walk five kilometers for a charity event, as the woman reportedly did.
He was testifying hypothetically because he has never examined the alleged victim or seen her medical records.
Sawyer said that even at a level of intoxication lower than unconsciousness, called the "stupor" state in medical literature, a person would still, in his opinion, meet the standard of "alert, awake and aware" the defense set in their opening arguments.
A former Corning East High School teacher, Nicole Walker, testified that she had seen the alleged victim at a charity 5K run the next day, and that the girl actually looked particularly good that day, with her hair still in a prom-type "up" style.
Walker also said that she had run the race that day, and believed that the alleged victim finished ahead of her; other witnesses had testified that the girl walked the five-kilometer course.
Prosecutors noted that Walker probably wouldn't have been in a position to check the sobriety of the dozens of people she saw at the event, and that she hadn't had reason to take special notice of the alleged victim.
They also brought up, during cross examination, that Walker is a close friend of the Frysinger family.
Prosecutors entered into evidence a number of messages from social media, including Twitter and Facebook, posted by Walker.
Among those on Facebook: "Snitches get stitches" – just a few days after the alleged incident.
Walker said that post wasn't in reference to the investigation into the May 19 party.
There were also a number of messages to very recently graduated male former students, some of which referenced "dates." Walker said she used the term "date" to refer to meeting friends.
In some of the messages to former students, Walker acknowledged she had told them she loved them.
One of those Walker communicated with online and through text messages was prosecution witness Kyle Clarkson.
Walker acknowledged that Clarkson had repeatedly told her he "wasn't changing his story," although she said she didn't recall what had prompted him to say that.
Clarkson eventually blocked Walker on his Twitter account.
Last on the witness stand for the defense was Alexys Harrington, who was present at the May 19 party.
Defense counsel asked her if she had an opportunity to observe how drunk the alleged victim might have been that evening.
"She was fine," Harrington said.
She said she went upstairs to try to sleep, and a few minutes later, the alleged victim, Frysinger and Hairston came up the stairs.
Harrington said the girl came up the stairs carrying a 30-pack of beer.
She said the alleged victim set down the beer in the upstairs loft area, and immediately began undressing and engaging in kissing and sexual activity with Frysinger and Hairston. According to Harrington, the alleged victim was the aggressor.
She also said that she and prosecution witnesses Clarkson and Whitney Corby had been disgusted at the public display, and had told the alleged victim to stop what she was doing – Clarkson and Corby both testified they were concerned and tried to get help.
But there were aspects of her story that contradicted even the most-agreed-upon aspects of earlier testimony – for example, she said Samantha Crane never shouted at Hairston or struck him, as Crane and several other prosecution and defense witnesses testified.
She said Crane came upstairs for a short time during the incident, then went back downstairs without doing or saying anything, though she said it was possible she had missed it despite being only six feet away.
Harrington said during the incident only the alleged victim and Hairston removed any part of their clothes – Frysinger remained fully clothed throughout.
Harrington also said the alleged victim made sexual advances to another male guest, Peter Lovecchio, in the loft later that night, but was rejected.
The defense did present a photo, apparently taken by Harrington that morning before anyone but her awoke, showing the alleged victim apparently sleeping alongside Frysinger and Lovecchio, with a 30-pack beer case nearby.
Harrington, like several other witnesses, acknowledged meeting with Frysinger's parents in the days following the incident.
"We were just telling our versions of what had happened," she said.
According to records, Harrington told a grand jury soon after that as far as she knew, her story was "the same as everyone else's."
Tantillo asked Harrington at one point if "a lot of drinking goes on at the Frysinger house."
"Not anymore," she said.
He asked if that was since the May 19, 2012 incident, and Harrington said yes.
Also testifying for the defense Friday was Marcus Anderson, whom Cedric Hairston had claimed in his testimony was at least peripherally involved in the incident.
Anderson said he hadn't seen anything suspicious throughout the evening, never went into the loft area before he went to sleep, and never overheard any of the crude sexual remarks mentioned in prosecution testimony.
He said the only thing he saw that night related to the allegations was the alleged victim going upstairs – alone.
The case will reconvene at 9:30 a.m. Monday for closing arguments in Steuben County Court before Judge Peter Bradstreet.