Published: November 19, 2009 12:38 am      

COURTS: Victim on stand in rape case

Defense attorney David E. Blackley, representing alleged rapist Daryl Burton, raised several questions during a cross examination of the prosecution’s second witness — the victim — in day two of Burton’s trial in Niagara County Court.

Burton stands accused of sex crimes in Lockport, including four counts of second-degree assault, three counts of third-degree rape and third-degree criminal sale of a controlled substance in Lockport. He also faces first-degree sexual abuse and second-degree attempted assault charges in North Tonawanda in February 2009.

The primary questions from Blackley were: Was the victim’s testimony rehearsed? Did she lie under oath when she signed a statement? Were written letters in evidence actually from the time of the allegations against the defendant?

When the victim in the Lockport case took the stand, Assistant District Attorney Caroline A. Wojtaszek with help from ADA Susan B. Bjornholm, questioned her for more than three hours about the nine-day stretch in October 2008 when the victim allegedly was held against her will by Burton, 40, in his Lockport apartment.

The victim, an 18-year-old relative of the defendant, said Burton would make her write letters pertaining to his religious beliefs on a daily basis while the victim was apparently drugged on Burton’s prescription medication.

“He’d put his hands over my mouth and force me to take them,” the victim said, trying to hold back tears. “They made me drowsy ... He forced me to write what he said.”

Police said the pills they found at Burton’s 217 Park Ave., upper apartment were various types of muscle relaxers.

However, Blackley told the 15 jurors that because there was no date on the handwritten letters, there is no valid reason to believe the letters were penned in October 2008.

When the two were seen out in public together, the victim said Burton’s rules were that she stay at his side and keep her head down. When Wojtaszek asked why, the victim said, because Burton insisted that her attention should be on no one but him.

The prosecution said the victim tried multiple times to run from Burton, before she called 911 and went to police, but never had the chance, because the victim said he was always around.

“I was afraid to leave,” the victim said, because she did not want to get raped or beaten.

Once the victim fled from Burton, she gave statements to police and officials. One of the statements, in which she denied being hurt or assaulted by Burton, was the subject of questioning by the defense in court Wednesday.

The victim said she was asked to sign the denial statement by her family in return for money for lost items and a cell phone.

The notarized statement said things such as that the defendant never hurt the victim and never forcibly made the victim perform tasks she was not comfortable with.

“They’re all lies,” the victim said when Blackley asked if what was written was true. “I never read it before I signed it.”

The victim said she just signed the statement hoping to get what she was promised by her family members, despite being under penalty of perjury.

She never got the money they promised her, the victim said.

The judge overruled an objection of relevance by Wojtaszek on the questions of the victim’s history with the prosecutors and District Attorney’s office.

Blackley then asked the victim if her testimony was rehearsed with Wojtaszek and Bjornholm.

The victim said she was coached by prosecution on Wednesday morning when she first met with her lawyers.

The trial is scheduled to continue today.

Contact reporter Britney Milazzo at 439-9222, ext. 6251.